Proprietary Content. Our websites contain material which is derived in whole or in part from information and materials created or supplied by us or our affiliates. Our websites, including but not limited to its’ text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks, international treaties and other proprietary rights laws of the United States and other countries. The intellectual property contained in that content is also protected as a collective work or compilation under US copyright law. All individual articles, information and other created elements making up our websites are also copyrighted works. Please respect our copyrights in our proprietary materials.
NO WARRANTY FOR WEBSITE CONTENT. The materials and information provided at our websites may include technical inaccuracies, typographical errors, or omissions of necessary information.
We reserve the right to change or improve our websites at any time.
WE PROVIDE OUR WEBSITES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF OR RESULT OF THE USE OF OUR WEBSITES AS TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE AFOREMENTIONED EXCLUSIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES AT OUR WEBSITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION ARISING FROM SUCH DAMAGE.
Orders. You must create an account in order to order items from any of our websites. When you create an account, we require you to enter your customer information.
When you pay by credit card, we will charge the card only when your ordered items are ready to ship. We generally group ordered items in a single shipment (to reduce your costs of shipment), unless you direct us to ship items separately. We ship most orders not later than the next business day, using a national carrier such as FedEx, and you can choose the type of delivery when you complete your order. You can get an estimate of your order’s shipping costs by adding items to your cart and click “Calculate” shipping information. When you complete your order and the item is shipped, you will receive an e-mail message with the package tracking number provided by the carrier.
We collect and remit sales tax in Pennsylvania, which is where we do business, unless you have provided us a relevant tax exempt number. You may check the status of your order at your account, by going to your account and clicking “Orders”.
Prices are subject to change without further notice. If you have any questions or concerns about your order, please contact us using the contact information at the top of the page.
Returns. Within 30 days of your order and together with your original purchase receipt, you may return any qualifying items that are either defective or in unused and resalable condition. An item will not qualify for return if the item is sold on a non-return basis, or if you cannot confirm you purchased the item from us (such as by providing your original purchase receipt), or if the timeframe for return has expired. To commence a return, contact our customer service personnel at the phone number listed for the business within the Paul B. Zimmerman, Inc. family of companies from which you ordered the item to determine whether your item qualifies for return, and if so, you will be given details to return the item to us. We pay for shipping on all qualified returns of defective items.
Limitation of our liability. While we endeavor to maintain the highest professional quality of our websites, we cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of our websites. We are not liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, arising from use of, or the Inability to use, the materials at our websites even if there is negligence by us or by an authorized representative of ours, or if you have been advised of the possibility of such damages, or both. The aforementioned limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. Our total liability to you for all losses, damages and causes of action whether in contract or tort (including without limitation, negligence or otherwise) will not exceed the amount you have paid (if any) to access our websites and purchase items there.
Dispute resolution. You acknowledge and agree that your access and use of our websites and your purchase transactions with us are rendered in the United States. We control and operate our websites conducting e-commerce activities from our locations in Lancaster County, Pennsylvania, United States of America. We do not imply that the materials contained at our websites are accurate, appropriate or available for use outside of the United States of America. You agree to comply with all applicable laws and regulations of the various states of this United States, including export and import laws and regulations. If any dispute arises between you and us regarding any of your purchase transactions with us, the dispute shall be resolved by arbitration in Lancaster County, Pennsylvania according to the arbitration rules of the Lancaster Bar Association, and further subject to the provisions of Pennsylvania Common Law Arbitration 42 Pa. C.S. A. §7341 et seq. and the laws of the Commonwealth of Pennsylvania, USA, without regard to the conflict of laws principles of Pennsylvania. Although that arbitration shall be final and binding as the exclusive means of resolving purchase-related disputes, the federal and state courts for Lancaster County, Commonwealth of Pennsylvania, USA shall have exclusive jurisdiction over any other claims arising from your use of any of our websites.
Third party sites. Our websites may contain links to third-party websites, which are not under our control. We provide these links solely for your convenience. We are not responsible for the content of, nor do we endorse, any third-party sites that we link to from our websites. If you access a third-party website through our websites, you do so at your own risk. The inclusion of third-party information does not imply that we endorse or accept any responsibility for the third-party information or its supplier. If you wish to link to any of our websites, you must obtain prior written consent from us. It is prohibited to create any link to any of our websites without our prior written permission.
Copyright © Paul B Zimmerman, Inc. Used with permission.