Last Updated: 8/19/2026
Acceptance of the Terms of Use
These Terms of Use are entered into by you and Paul B. Zimmerman, Inc. and its related companies and brands (“Company,” “we,” and “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of the websites https://www.pbzinc.com/, https://paulbhardware.com/, https://pbzmfg.com/, https://www.paulbwholesale.com/, https://www.keystonekoating.com/, https://www.kickoutflashing.com/, and https://cropcareequipment.com/ (collectively, the “Websites”).
Our Websites are run for and by the businesses of the Paul B. Zimmerman, Inc. family of companies. By using any of our Websites, you agree to be bound to and abide by these Terms of Use and our Privacy Policy, available at https://www.pbzinc.com/privacyPolicy.php, which is incorporated by reference. If you do not agree to these Terms of Use or our Privacy Policy, you must not access or use the Websites.
Changes to the Terms of Use
We reserve the right to modify, amend or restate these Terms of Use from time to time with in our sole discretion. All changes are effective immediately at the time we post them and apply to all access to and use of the Websites thereafter.
Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time to stay aware of any changes, as they are binding on you.
1. Accessing the Websites.
We reserve the right to withdraw or amend these Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites or to the Websites as a whole to users.
You are responsible for both:
2. Intellectual Property Rights.
All of the content on our Websites is either owned by us, or used by permission. You agree to take reasonable measures to assist us in protecting our proprietary rights to our Websites and their content, including complying with all reasonable written request that we would make to protect our statutory or common law rights. You agree to promptly notify us in writing if you become aware of any unauthorized access or use of our Websites by any party that would infringe upon copyright, trademark, statutory, contractual or common law rights that we have. These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.
No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
3. Trademarks.
The Company name, the Company logos and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
4. Collection and Use of Your Information.
You acknowledge that when you access or use the Websites, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Websites. You also may be required to provide certain information about yourself as a condition to use features on the Websites. All information we collect through or in connection with the Websites is subject to our Privacy Policy. By accessing, using, and providing information to or through the Websites, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.
5. Prohibited Use
You may use the Websites only for lawful purposes and in accordance with these Terms of Use.
Additionally, you agree not to:
6. Use Contributions.
The Websites may contain comments and reviews boards, personal web pages or profiles, forums, bulletin boards, or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Websites.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Websites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Websites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Websites.
7. Monitoring and Enforcement; Termination.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Websites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. Content Standards.
These content standards apply to all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
9. Reliance on Information Posted.
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
These Websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
10. Changes to the Websites.
We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
11. Linking to the Websites and Social Media Features.
The Websites may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
12. Links from the Websites.
If the Websites contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
13. No Warranty for Websites’ 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.
14. Manufacturer’s Warranties.
When you order items from us, they may be subject to manufacturer’s warranties. To obtain warranty service on items warrantied by a manufacturer, please contact the manufacturer. Please also note that the item may qualify for return to us (see RETURNS section in these Terms of Use).
15. Orders.
You must create an account to order items from any of our Websites. When you create an account, we require you to enter your customer information. This information may include personal information. As referenced in section 4. Collection and Use of Your Information, we take steps to protect your information and maintain your privacy. For more information, please see our Privacy Policy.
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 no 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 email 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.
16. 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.
17. DISCLAIMERS OF WARRANTIES FOR GOODS.
If an item does not qualify for return (see RETURNS section in these Terms of Use) and is not accompanied by a written warranty, then WE PROVIDE THE ITEM “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. THE AFOREMENTIONED EXCLUSIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
18. 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.
19. Indemnification.
You agree, to the extent permitted by applicable law, to indemnify and hold us, our officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of your use of our Websites, or arising from your violation of these Terms of Use, or arising from infringement by you or any other user of our websites using your computer of intellectual property rights or other rights of us or any other person or entity. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
20. Access to Websites Outside of the United States.
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.
21. Governing Law and Jurisdiction.
All matters relating to the Websites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the United States District Court for the Middle District of Pennsylvania or the Court of Common Pleas of Lancaster County, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
22. Dispute Resolution.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PAUL B. ZIMMERMAN, INC. ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY.
a. Scope of Dispute Resolution Section
As used in this Dispute Resolution Section (the “Section”), “Dispute” means any disputes, claims, suits, actions, causes of action, and/or demands in any way relating to or arising out of the use of the Websites, to information shared by you or others over the Websites or through other websites, portals, or online services operated by the Company, to the Company’s collection or sharing of your Personal Information, or to these Terms of Use. This Section does not apply to any of the following types of claims: (i) claims by employees of Company entities related to the terms or conditions of their employment; (ii) claims by or on behalf of Company customers for alleged products liability, wrongful death, or similar personal physical injury or survivor claims related to the customer’s use of Company products or services; (iii) any individual action brought in small claims court for disputes and actions fully within the scope of such court’s jurisdiction; or (iv) claims in which either party seeks injunctive or other equitable relief in a court of competent jurisdiction to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
b. Waiver of Right to Pursue Class Action or Collective Claims (“Class Action Waiver Provision”)
You agree to resolve Disputes with us only in arbitration and only on an individual basis, and you waive any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity to the maximum extent permitted by applicable law. You and the Company agree that each may bring claims against the other only on an individual (non-class) basis and not as a plaintiff or a class member in any purported class or representative action or proceeding. Further, you and the Company agree that a Dispute cannot be brought as a class, collective, consolidated, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals to the maximum extent permitted by law.
c. Agreement to Arbitrate Claims; Waiver of Jury Trial
By agreeing to these Terms of Use, both you and the Company are waiving the right to a jury trial on any Disputes. For any Dispute in any way relating to or arising out of the Websites or these Terms of Use, you and the Company agree that the Dispute shall be resolved by final and binding individual arbitration. No class, collective, consolidated, or other type of representative action arbitration will occur.
In addition, you and the Company agree that each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date the Dispute arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by certified mail or courier to Paul B. Zimmerman, Inc., ATTN: Legal Department, PO Box 300, Ephrata, PA 17522.
Your notice must include: (i) your name, street address, telephone number, the email address you use or have on record with us (as applicable), and, if any, an email address at which you can be contacted; (ii) a brief description of the Dispute; (iii) the amount of money, if any, at issue in the Dispute; and (iv) the specific relief you are seeking. Paul B. Zimmerman, Inc. will send notice to your last known street and email addresses on file, if any. Any Company notice will include: (i) our name, street address, telephone number, and an email address at which we can be contacted with respect to the Dispute; (ii) a description in reasonable detail of the nature and basis of the Dispute; and (iii) the specific relief that we are seeking.
If you and the Company cannot agree how to resolve the Dispute within thirty (30) days after the notice is received by the other party, then either you or the Company may, as appropriate and in accordance with this Section, commence an arbitration proceeding with a written demand for arbitration.
d. Limitation on Time to Bring Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action for or related to a Dispute brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.
e. Arbitration Administration and Certain Procedures
You and the Company agree that, if and as available, any arbitration will be administered by the American Arbitration Association (“AAA”), except as otherwise modified by these Terms of Use. https://www.adr.org/
If AAA is unavailable or unwilling to conduct the arbitration for any reason, or the parties mutually agree that AAA should not conduct the arbitration, then by mutual agreement the parties shall select an alternative, impartial, substitute arbitration administration service. This agreement to arbitrate is not contingent on AAA being available or willing to conduct the arbitration.
You and the Company also agree to the following relating to any arbitration proceeding:
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, the Company will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse the Company for all costs and fees associated with the arbitration that the Company paid on your behalf, which you otherwise would be obligated to pay under the AAA Rules.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the provisions of these Terms of Use and will remain valid and enforceable, except as prohibited by applicable law.
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.
23. Contributed Ideas.
In general, we do not accept unsolicited proposals or ideas that you may deem proprietary. You agree that any communication you transmit to us by electronic mail or otherwise, including any data, questions, responses, comments, suggestions and otherwise, are and will be treated as nonconfidential and nonproprietary (except for your personal information, which is subject to our Privacy Policy). We are free to use any ideas, concepts, know-how, or techniques described in any communication you send to us for any purpose whatsoever, including but not limited to our developing, manufacturing and marketing products using that information. We will fully own contributed ideas without liability to compensate you or anyone who submits ideas to us through our websites.
24. Third-party websites.
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 websites 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.
25. Termination.
You acknowledge and agree that we may terminate or deny access to all or any part of our Websites without prior notice to you if you engage in any conduct that we believe in our sole discretion violates any of these Terms of Use or any other rule, regulation or applicable law. Neither us nor any of our officers, agents or employees shall be liable to you in the event of such termination.
26. Waiver and Severability.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
27. Entire Agreement.
The Terms of Use constitute the sole and entire agreement between you and Company regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.
28. Your Comments and Concerns.
The Websites are operated by Paul B. Zimmerman, Inc.
All other feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to: marketing@pbzinc.com
