Site Use Agreement

Welcome to Pintsch Tiefenbach US, Inc., where we provide information, goods and services to you subject to the following conditions. If you visit, download information, shop or purchase by or through the Pintsch Tiefenbach US, Inc. website (hereinafter referred to as “Website”, "Pintsch Tiefenbach", "Pintsch" "Company" or "Pintsch Tiefenbach USA"), you hereby accept and are legally bound by all the terms and conditions for the use of this Site and the purchase of products or services thereby. Please read them carefully.

By using this Website located at Pintsch Tiefenbach US Website, you signify your Agreement to all terms, conditions, policies and notices contained or referenced in this Site Use Agreement (hereinafter referred to as “Agreement”).

If you do not agree with any of the terms and conditions of this Agreement, you are not authorized to use this Website or purchase any products or services.

Pintsch Tiefenbach US, Inc. reserves the right to update or revise any terms or conditions of this Agreement at any time and in our sole discretion. Please check this Agreement periodically for changes.

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept full responsibility for any and all activities that occur under your account or password.

Pintsch Tiefenbach US, Inc. sells goods and services to adults who can purchase with a credit card or by other similar means. If you are under 18 years of age, you may use the Website only with involvement and consent of a duly authorized parent or guardian. Pintsch Tiefenbach US, Inc. further reserves the right to at any time refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Specific to the offering for sale, purchase, delivery and use of our goods or services, Pintsch Tiefenbach US, Inc. does not employ or operate any office, sales room, sales agents, warehouses or other place of business other than those exclusively located within the State of Illinois. Neither do we allow or permit, the temporary or permanent employment or services of agents, affiliates, affiliate partners or similar such third parties, either directly or indirectly, in the sales of goods or services from any other state than that of Illinois.

At the time of your submission of any bona fide offer of purchase, or any other form of purchase of products, goods or services from Pintsch Tiefenbach US, Inc., you hereby agree to complete any such offer or purchase, with ownership and responsibility over such goods or services thereby accepted by you immediately following your purchase. At the time of any sale or offer of purchase, whether by telephone, Website or other forms of electronic communications, your contemporaneous agreement to pay for such goods and services prior to delivery is hereby expressly agreed to. Your failure to honor any offer of sale accepted by Pintsch Tiefenbach US, Inc., or any failure to complete any transaction made in good faith with Pintsch Tiefenbach US, Inc., thereby constitutes a breach of this Agreement, subject to adjudication in any jurisdiction selected in the sole discretion of Pintsch Tiefenbach US, Inc.. In all such instances, you hereby indemnify and hold Pintsch Tiefenbach US, Inc. harmless from any and all costs of suit or collection actions, including actual attorney fees, costs or expenses, known or unknown, at or after, the time of your purchases.

When you visit the Website, or send e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically without limitation. We will communicate with you by e-mail, various applications, or by posting notices on this Website. You agree that all Agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us, without limitation. Please review our Privacy Policy Statement, which also governs your Website use to more fully understand our practices.

Pintsch Tiefenbach US, Inc. engages in the lawful sale of goods and services exclusively within the State of Illinois, and does not hire or employ any third party sales or delivery representative operating in any other state for the purpose of taking your orders, making sales, deliveries, installing, assembling, repairing, maintaining, servicing, deriving rentals, selling, warehousing and delivering goods or services, either directly or indirectly, whether by employees, agents or representatives, in any state except in Illinois.

Use of the Website grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This Website, nor any portion of this Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site, or otherwise created, authorized or reproduced by Pintsch Tiefenbach US, Inc., or its affiliated websites, without our express written consent. Further, you may not use any Meta Data, Micro Data, Computer Code, or any other "hidden text" utilizing the Pintsch Tiefenbach US, Inc. trade name, or any derivative names or marks, without the express written consent of the Company.

Any unauthorized Website use terminates the permission or license granted by the Company. You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website, or its affiliated websites, only so long as the link does not portray Pintsch Tiefenbach US, Inc., its Website, or any affiliated websites, or its products or services, in a false, misleading, critical, derogatory, or otherwise offensive matter. You may not use any Website logo or other proprietary graphic or trademark developed, owned or controlled by the Company, as part of the link, or otherwise, without our express written permission.

This Website is owned and operated by Pintsch Tiefenbach US, Inc., (also otherwise referred to herein as "we," "us," "our", or the "Company"). All information of any kind or nature, received, viewed or communicated in connection with the Website, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by Pintsch Tiefenbach US, Inc. only.

No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of our copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited.

Except as otherwise indicated on this Site, and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to Pintsch Tiefenbach US, Inc.. In the event that you access or download any textual information, images, data, or software from the Website, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you, as an authorized user, under this Agreement.

Pintsch Tiefenbach US, Inc. reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. Pintsch Tiefenbach US, Inc. retains full and complete title to the Software, and all intellectual property rights therein to you.

You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable or machine readable form without the exclusive written permission of Pintsch Tiefenbach US, Inc., as duly evidenced by the signature of duly authorized corporate officer.

Website visitors may post reviews, comments and other communications; and submit suggestions, ideas, comments, questions, or other information on the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pintsch Tiefenbach US, Inc. reserves the right (but not the obligation) to remove or edit such content, as it does not regularly review such posted content. If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

Further, you grant Pintsch Tiefenbach US, Inc. the right to use the name that you submit in connection with such content, in perpetuity. You also hereby represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you hereby indemnify Pintsch Tiefenbach US, Inc. for any and all claims resulting from content you post or supply. Pintsch Tiefenbach US, Inc. will at all times have the right, but not the obligation, to monitor and edit or remove any activity or content, and takes no responsibility or assumes any liability for any content posted by you or any third party.

Pintsch Tiefenbach US, Inc. attempts to be as accurate as possible in creating product or services descriptions. However, we do not warrant the merchantability or fitness of use for any product, product description, services descriptions, nor any other content of this Website as accurate, complete, reliable, current or error-free. Custom product orders are made to order per customer selected specifications and not returnable for any reason, with all products and services offered and sold on an as-is basis, with all sales being final.

When your products are purchased at Pintsch Tiefenbach US, Inc., the terms of our Site Use Agreement, Shipping and Return Policies require you to immediately open and inspect your products at the time of delivery for any material damage, defect, or any other issue of any kind, as ownership title to products inure to you at the time of purchase. Should there be any issue, defect or damage, you must refuse delivery of your products and immediately return the products to us. In addition, should you fail to refuse delivery, Pintsch Tiefenbach US, Inc. will not accept any responsibility for the return of any products you have received, used or misused, without limitation. All products are sold aby Pintsch Tiefenbach US, Inc. in as is condition, without any warranty of merchantability or fitness for a specific use or purpose.

THE PRODUCTS AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CUSTOM PRODUCTS ARE MADE TO ORDER AND ARE NOT RETURNABLE FOR ANY REASON. ANY AND ALL PRODUCT SALES ARE FINAL. PINTSCH TIEFENBACH. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF USE FOR A PARTICULAR PURPOSE. PINTSCH TIEFENBACH. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PINTSCH TIEFENBACH. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU, (NOT PINTSCH TIEFENBACH.), HEREBY INDEMNIFY US AND ASSUME THE ENTIRE COST OF ANY AND ALL LITIGATION CLAIMS, DISCOVERY ACTIVITIES, COSTS, FEES AND EXPENSES RESULTING NECESSARY CORRECTIVE ACTIONS, IF ANY. .

In no event will Pintsch Tiefenbach US, Inc. be liable to any party for any claim, injury or cause of action related to the purchase or use of any of its products or services, including, but not limited to, any direct, indirect, special, incidental or consequential claims, injuries, causes of action, fees, taxes, penalties or damages for any losses associated with the products and services obtained by and through Pintsch Tiefenbach US, Inc., or the use of the Website, the purchase and use of goods or services, or for any textual information, images, data, files, software or materials found within the Website, including, without limitation, any lost revenues, penalties, taxes, profits, business interruption, loss of programs or other data, even if Pintsch Tiefenbach US, Inc. is expressly advised of the possibility of such claims, injuries or damages, if any.

Any and all items purchased from Pintsch Tiefenbach US, Inc., its Website, or related or any affiliated online venues owned or controlled by Pintsch Tiefenbach, are made pursuant to a third party shipment for the delivery of your items. This means that that any and all damages, risk of loss and title associated with such items pass to you upon our depositing your goods with your designated shipping carrier. To the extent you receive goods or services from Pintsch Tiefenbach US, Inc., but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, Pintsch Tiefenbach US, Inc., in its sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, until such time all principal amounts and interest have been paid in full. Irrespective of any all affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from Pintsch Tiefenbach US, Inc., as well as any and all costs of collection, including, but not limited to court or arbitration costs, fees and expenses.

All content included on the Pintsch Tiefenbach US, Inc.Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as "Site Content"), are the property of Pintsch Tiefenbach US, Inc., and is protected by United States and international copyright laws.

The compilation of all content on this Website is also the exclusive property of Pintsch Tiefenbach US, Inc., which are protected by U.S. and international copyright laws.

In addition to the copyright protection rights afforded under Federal law, Pintsch Tiefenbach US, Inc., together with its affiliates, successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of the word mark, Pintsch Tiefenbach US, as applicable.

This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of Pintsch Tiefenbach US, Inc., which shall not be used in any manner or form without the express written consent of a duly authorized officer of Pintsch Tiefenbach US, Inc..

Competing Businesses, Dealers, Distributors, Wholesalers, Manufacturers, together with their respective Officers, Directors, Employees, Agents, Successors and Assigns, (hereinafter referred to as "Commercial Entities"), are prohibited from using the Website or its content in any manner, or for any purpose prohibited herein, or for accessing or purchasing goods or services for purposes of decompiling the intellectual property of Pintsch Tiefenbach US, Inc., as a result of use of the Website.

Commercial Entities improperly utilizing this Website as set forth in this Agreement in any manner, shall, without limitation, indemnify and hold Pintsch Tiefenbach US, Inc. harmless for any and all claims, fees, costs, expenses, awards, losses or damages of whatever kind or nature, including actual attorney fees, damages, fees and court costs, resulting from the use of any information, photos, images, data, pages, goods or services obtained through the Website, or any affiliated website owned or controlled by Pintsch Tiefenbach US, Inc..

It is explicitly understood that Pintsch Tiefenbach US, Inc. hereby reserves its right to seek and obtain immediate, temporary or permanent injunctive relief orders against any Commercial Entity, business or private individual violating the provisions of this Agreement through a Court of Competent jurisdiction exclusively selected by Pintsch Tiefenbach US, Inc. at any time, without imposition of bond.

Pintsch Tiefenbach US, Inc. further reserves it's right to seek any appropriate additional consequential damages sustained through (i) the intentional or unintentional violation of this Agreement, (ii) the prohibited use of the Website, (iii) any goods or services purchased through the Website, (iv) any alleged act or acts deemed to constitute disparagement or tortuous business interference, or, (v) any other contractual breach deemed to in any way harm our ability to engage in commerce, or to inhibit it’s ability sell any goods or services.

Any dispute relating in any way to your visit or use of the Website, or from goods or services purchased through Pintsch Tiefenbach US, Inc., shall be submitted to any judicial venue chosen by Pintsch Tiefenbach US, Inc., including Arbitration, in its sole discretion. To the extent you have in any manner violated, or threatened to violate, the contractual provisions or policy of this Agreement, or any right, domain, trademark, copyright, or other similar intellectual property rights owned or controlled by us, we exclusively reserve the right to seek injunctive or other appropriate relief in any State or Federal Court(s), without imposition of any bond. You hereby consent to exclusive jurisdiction and venue in such Arbitration proceedings and Courts selected by Pintsch Tiefenbach US, Inc., and otherwise indemnify and hold Pintsch Tiefenbach US, Inc. harmless from any and all claims, causes of action, fees and costs associated thereto.

As set forth above, Pintsch Tiefenbach US, Inc. further reserves the sole and exclusive right to select binding Arbitration under this Agreement. If selected by Pintsch Tiefenbach US, Inc., Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction selected by us. To the fullest extent permitted by applicable law, no claim cause of action or arbitration instituted under this Agreement, shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Pending arbitration proceedings or disputes shall in no way negate any obligation to timely remit payment to Pintsch Tiefenbach US, Inc..

Pintsch Tiefenbach US, Inc. conducts its business exclusively from its headquarters located in Illinois. As a resident business of the State of Illinois, Pintsch Tiefenbach US, Inc. reserves the right to collect Illinois Sales Taxes in connection with deliveries made within the State of Illinois.

By visiting or purchasing from Pintsch Tiefenbach US, Inc., you agree that the laws of the State of Illinois, without regard to principles of conflict laws, will govern the terms and conditions of purchases and Site Use, and any dispute of any sort that might arise between you and Pintsch Tiefenbach US, Inc..

In addition, you hereby agree that as a customer of Pintsch Tiefenbach US, Inc., either residing or not residing in the State of Illinois, you shall be exclusively responsible for reporting and paying any and all applicable sales, use, local, vat, or any similar state or local taxes. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area, as some states may require us to provide you notice regarding state use tax at the time of purchase, an annual purchase summary, and/or report your annual untaxed sales to that state.

For purchases where a sales or use tax is applicable under prevailing law, you will see the applicable tax calculated on the checkout page before you are asked to confirm the purchase, and we will use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase on a best efforts basis only.

We do not guarantee the accuracy of the amount of any tax we represent to you as the amount of tax owed, as minor errors may occur owing to the inability to accurately track multiple taxing districts, cities, counties, state or local “tax holidays”. Further, we do not guarantee the accuracy of the timing of tax rate changes or the application of certain taxes to categories of items we sell, and as a result of any errors, we may over-collect, under-collect or inaccurately calculate such taxes.

In consideration of our allowing you to access and use of the Site, and our calculating, collecting, remitting or notifying you of sales or use taxes required on your purchases on a best efforts basis, you hereby waive your right to any and all claims that taxes collected or reported on any purchase is incorrect in any respect, and you further agree to hold us, together with our officers, directors, employees, agents, representatives, manufacturers and shippers harmless, without limitation, with respect to any harm, claims, losses or damages you may incur as a result of any error in our calculating, collecting, remitting or notifying you of the taxes you may owe for your purchases or for the delivery of products or services thereby.

Pintsch Tiefenbach US, Inc. provides this data as a reference to assist you in determining any applicable sales or use tax, noting our calculations may or may not match the data in your records, and may not reflect gifts or shared accounts. You hereby further agree to timely remit any such payment due to city, county, state or other such local taxing authorities, as applicable. If any provision of these conditions shall be deemed invalid, void, or for any reason unenforceable by a Court of competent jurisdiction, that condition shall be deemed severable, and shall not affect the validity and enforceability of any remaining terms and conditions set forth herein.

Pintsch Tiefenbach US, Inc. controls its Website and other websites from its offices in Marion, Illinois, United States of America. Thus, you further agree that any legal action, proceeding or other matters relating to any alleged breach of contract stemming from your access to, or use of, the Website, or websites or applications owned by us, or the shipment and delivery any related services, goods, materials or products shall be exclusively governed by the laws of the State of Illinois.

In the event of any legal action arising hereunder, you also agree that Pintsch Tiefenbach US, Inc. shall at all times maintain the exclusive right to remand such legal actions to any jurisdiction and venue it so chooses, including, but not limited to, any Arbitration forum, Federal or State Court conveniently located in the State of Illinois, in full accordance with this Agreement.