End User License Agreement

TERMS & CONDITIONS OF USE

BY ENTERING ANY OF ZIMMERMAN INDUSTRIES, INC. WEBSITES, INCLUDING ANY MOBILE VERSIONS (THE “SITE”), YOU ACKNOWLEDGE AND AGREE TO THESE TERMS & CONDITIONS OF USE (THE “TERMS”). IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS, DO NOT USE THE SITE. ZIMMERMAN INDUSTRIES, INC. RESERVES THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE AND/OR MODIFY THE TERMS AT ANY TIME, AND YOUR CONTINUED USE OF THE SITE ACKNOWLEDGES YOUR AGREEMENT WITH SUCH UPDATED AND/OR REVISED TERMS.

  1. Copyright & Trademarks. All content included on the Site, including, but not limited to, HTML code, scripts, text, graphics, logos, button icons, images, manuals, videos, and audio (the “Materials”), is the property of Zimmerman Industries, Inc. or the property of a content supplier and protected by United States and international copyright laws. Zimmerman Industries, Inc. retains all rights regarding its trademarks, trade names, brand names, logos, and trade dress (the “Trademarks”). Any such Trademarks, either registered or common law trademarks, and all associated logos or images are protected by U.S. and international laws and treaties. No license to the use of such Trademarks is granted to you under these terms and conditions or by your use of the Site. Your misuse of the Trademarks displayed on the Site, without prior written permission, is strictly prohibited.
  2. Use of Site & Prohibited Uses. You may access and use the Site solely in accordance with these Terms. You will strictly adhere to all laws, rules, regulations applicable to the access and use of the Site. If you access this Site from another country, you are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where you access the Site, the information is not meant for you. Zimmerman Industries, Inc. makes no representation that the Site and the Materials are appropriate for countries outside the United States. You are granted a limited, non-exclusive, non-transferable, non-assignable license to access and use the Site solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms. You must also retain all copyright and trademark notices, and any other proprietary notices, contained in the Materials. You may not: reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any the Materials; sublicense, lease, sell, rent, loan, or otherwise transfer any of the Materials to any third party; reverse engineer, de compile, disassemble, or otherwise attempt to derive the source code for the Site; otherwise use or copy any of the Site or the Materials, except as expressly allowed under the Terms; use any device, software or other instrumentality to, or attempt to, damage, disable, overburden, impair, or interfere with the proper working of the Site; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  3. Disclaimer/Use at Own Risk. You acknowledge and agree that your use of the Site is at your own risk and that Zimmerman Industries, Inc. is not liable for any direct, indirect, incidental, consequential, or punitive damages, or any losses, costs or expenses of any kind (including attorney's fees) which may arise, directly or indirectly, through the access to, the use of, or the browsing of the Site and/or the Materials, or through your downloading of any of the Materials. You acknowledge and agree that while Zimmerman Industries, Inc. will make reasonable efforts to ensure that the information in the Site and the Materials are correct, Zimmerman Industries, Inc. cannot guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. All content and information contained in this Site and the Materials are provided to you “as is” without any warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.
  4. Indemnification. You agree to indemnify, defend and hold harmless Zimmerman Industries, Inc. from and against any and all claims, lawsuits, demands, actions or other proceedings brought against Zimmerman Industries, Inc. by any third party due to, arising out of, or related to your (a) use of the Site (including the Materials), (b) violation of the Terms, or (c) violation of any laws, regulations or third party rights. You shall pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Zimmerman Industries, Inc. in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.
  5. Links to Third Party Websites. Any links from the Site to any other websites are provided for your information and convenience only. Zimmerman Industries, Inc. makes no guarantee and does not assume any responsibility or liability with respect to any website linked from this Site (or any website linking to this Site), including its content and operation. You acknowledge and bear all risks associated with access and use of content provided on another website that is linked to or from this Site and agree that Zimmerman Industries, Inc. is not responsible for any loss or damage of any sort you may incur from dealing with a third party website.
  6. Age. You represent that you are sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of using this Site and/or violating the Terms.
  7. Applicable Law. By visiting the Site, you agree that the Laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise.
  8. Severability/Entire Agreement. If any provisions in the Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The Terms constitute the entire agreement between us and supersedes any prior understandings or agreements, and may not be amended or modified, except in writing.