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Terms & Conditions

Last updated May 2, 2024

We are Trebnick Systems, Inc. (“Company,” “we,” “us,” “our”), a company registered in Ohio, United States at 215 South Pioneer Blvd., Springboro, OH 45066. You can contact us by phone at 937-743-1550, email at orders@trebnick.com, or by mail to 215 South Pioneer Blvd., Springboro, OH 45066, United States.

We operate the website http://www.trebnick.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). These terms and conditions of sale (“Terms and Conditions”) apply to any order placed by any purchaser of products (“Customer,” “you”) with and accepted by Trebnick Systems, Inc.

AGREEMENT TO OUR LEGAL TERMS

By accessing or using this Site and its related software tools, applications, or any other Trebnick Systems, Inc. service, the Customer agrees to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. If you use this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemented terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We may change these Legal Terms at any time, and your continued use of the Services after such changes constitutes acceptance. We will alert the Customer about any changes by updating the “Last updated” date of these Legal Terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

01. OUR SERVICES

The information provided through the Services shouldn't be distributed or used where it's against the law. Users accessing the Services from other locations are responsible for complying with local laws.

 

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. The Customer may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

02. INTELLECTUAL PROPERTY RIGHTS

The Parties acknowledge and agree that the Intellectual Property of each Party shall remain the property of each Party.  “Intellectual Property” is defined as all intellectual property rights of any kind including but not limited to copyrights, trademarks, service marks, designs, patents, trade secrets, trade, business, and domain or company names.

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

The Content and Marks in the Services are provided "AS IS" for personal, non-commercial use or internal business purposes only. If permitted to post or display any part of our Content, you must acknowledge us as the owners or licensors and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

You warrant that any materials that you submit to us for printing (the “Materials”) do not infringe on any third party intellectual property rights. You agree to indemnify us against any claims, damages, losses, or expenses arising from such infringement. We accept no liability or responsibility for any copyright infringement within the artwork you provide.

03. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If the Customer provides any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).

04. USER REGISTRATION

The Customer may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to change or remove inappropriate usernames at our discretion.

05. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change without notice, and the prices invoiced will be those in effect at the time of shipment.

All statements, technical information, and data contained in product specifications, descriptions, or other documents are based upon tests or experiences that we believe are reliable. However, many factors beyond our control can affect the use and performance of a product. Since these factors are uniquely within the Customer’s or other end-user’s knowledge and control, it is essential that you or other end-user evaluate the product to determine whether it is fit for a particular purpose and suitable for the specific application(s).

06. QUOTATION

A quotation not accepted within thirty (30) days is subject to review. Estimates are based upon the anticipated hours of work and cost of materials and supplies necessary to produce work per preliminary copy, style, and specifications. Pricing includes 10% manufacturing over/under-run. Orders requiring "Ship Exact" must be quoted as such and are subject to an additional charge. Any change to the specifications as shown will require a re-quote. Unless otherwise indicated, the quoted price is exclusive of the following: (1) freight and (2) any sales, excise, or other taxes of any nature whatsoever imposed by any government authority. ALL PRICING IS SUBJECT TO CHANGE BASED ON PRICE WHEN STOCK IS DELIVERED.

07. PURCHASES AND PAYMENT

The Customer is to provide accurate purchase and account information for transactions on the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

The Customer agrees to pay for purchases and shipping fees at the current prices. We'll charge your chosen payment method upon order placement. We reserve the right to correct pricing errors even after payment. We may charge additional fees for customized dies, plates, or inks required to fulfill an order, and we will retain ownership of these dies, plates, and inks at all times.

If creditworthiness has been approved in advance, we will grant payment terms of net thirty (30) days. It is then required that the full invoice be paid no later than thirty (30) days from the date of the invoice. All our invoices are issued upon shipment of the product.

We reserve the right, among other remedies, either to terminate a purchase agreement, order, or license, or otherwise to suspend further performance if payments are not made on time.  The Customer shall be liable for all expenses, including attorneys’ fees, relating to the collection of past-due amounts.  If any payment owed to us is not paid when due, it shall bear interest at a rate of 18 percent per annum or the maximum rate permitted by law, from the date on which it is due until it is paid.  If, in good faith, we deem itself to be insecure concerning the Customer’s financial condition, we may require prepayments or other assurances for future deliveries.  The Customer hereby grants us a security interest in all products until fully paid.

 

We are not obligated to fulfill orders until an Order Confirmation is issued. We may refuse orders and limit quantities per person, household, or order at our discretion. This includes orders from the same account, payment method, or address. We may also restrict orders from dealers, resellers, or distributors.

08. OVER-RUNS AND UNDER-RUNS

Over-runs and under-runs not to exceed 10% on quantities ordered, or any other percentage that we agree to in writing, shall constitute acceptable delivery. We will bill for the actual quantity delivered within this tolerance. If you require a guaranteed minimum quantity, the percentage of over-run tolerance must be doubled, or additional costs may be charged.

09. SHIPMENT AND DELIVERY

Unless otherwise expressly agreed in writing, shipments are made F.O.B. from our facility.  Risk of loss or damage and responsibility shall pass from to the Customer upon delivery to and receipt by a carrier. Shortages or damages must be acknowledged and signed for at the time of delivery. Unless a carrier has been specified on your purchase order, we will select a carrier for you, with the express understanding that the carrier is not one of our agents.

While we will use reasonable commercial efforts to maintain the delivery date(s) acknowledged or quoted, all shipping dates are approximate and not guaranteed. Orders may be shipped in one (1) or more installment(s), which the Customer agrees to accept and be invoiced for, unless you have provided us with prior, written notification that partial shipments will not be accepted. All products will be packed following standard commercial practices. Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. our facility. Charges related to delivery from us to you, or from your supplier to us, are not included in any quotations unless specified. Special priority pickup (including air freight) or delivery service will be provided at current rates upon your request and at your expense.

10. RETURNS AND CANCELLATIONS

Custom products are made to order. Accordingly, we do not permit non-warranty sales returns. In addition, should the Customer cancel or suspend an order, or reduce a quantity related to any order, then any work already in progress will be delivered and invoiced per the earlier instruction of the Customer. The Customer shall make the payment required by such invoice in accordance with these terms and conditions.

Due to the custom nature of our work, all orders are final once you have approved the product proofs. No changes of any kind can be made once approval is given. We cannot accept any responsibility for erroneous content, colors, quantities, materials, or any other factor unless errors in the production process adversely affect the final results. If you have inadvertently made a mistake in your order and the results are not to your needs, we will devote our best efforts to minimizing the cost and inconvenience of any re-runs required.

11. PROHIBITED ACTIVITIES

The Customer may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

  • Use any information obtained from the Services to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Services.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices.

  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Services.

  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email, or create user accounts by automated means or under false pretenses.

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

12. USER-GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide the Customer with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

 

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

  • You have the written consent, release, and/or permission of each identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

 

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of the Customer’s rights to use the Services.

13. CONTRIBUTION LICENSE

The Customer and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.

14. SERVICES MANAGEMENt

We reserve the right to (1) monitor the Services for violations of these Legal Terms; (2) take legal action against violators; (3) restrict or disable your Contributions; (4) remove excessive or burdensome files; and (5) manage the Services to protect our rights and ensure proper functioning.

15. PRIVACY POLICy

We care about data privacy and security. As such we will never sell your personal information. By using the Services, you agree to be bound by our Privacy Policy posted on the Services. Please be advised the Services are hosted in the United States. If the Customer accesses the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

16. TERM AND TERMINATION

These Legal Terms apply as long as you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion, deny access, terminate your account (including blocking certain IP addresses), or delete any content or information that you posted at any time without notice or liability for any reason, including breaches of these terms or applicable laws.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action if necessary.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the uninterrupted availability of the Services. Maintenance or technical issues may cause interruptions or delays. We reserve the right to modify, suspend, or discontinue the Services without notice. We're not liable for any losses due to inability to access the Services. We're not obligated to maintain, support, or provide updates for the Services.

We reserve the right to change, suspend, or discontinue the Site at any time, including the availability of any feature, tool, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

18. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be entirely performed within the State of Ohio without regard to its conflict of law principles.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

The services are provided as-is and as-available. Your use of them is at your own risk. We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services. We assume no liability or any responsibility for any errors in content and materials, including merchantability, fitness for a particular purpose, and non-infringement. We are not liable for personal injury, property damage, unauthorized access, interruptions, or viruses that result from the Customer’s access to and use of the services. We don't endorse third party products, services, advertising, or monitor transactions between the Customer and any third party. Use your best judgment and exercise caution where appropriate.

21. LIMITATIONS OF LIABILITY

We and our directors, employees, or agents are not liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from the Customer’s use of the services, even if we were advised of the possibility. Notwithstanding anything to the contrary contained herein, our liability is limited to the amount you paid us in the six (6) months preceding any claim. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

22. INDEMNIFICATION

The Customer agrees to defend, indemnify, and hold us harmless, including our affiliates and employees, from any claims, damages, liabilities, or expenses arising from (1) your use of the Services; (2) breach of these Legal Terms; (3) your representations and warranties; (4) infringement of third party rights; or (5) harmful acts toward other users. We reserve the right, at your expense, to assume control of defense and you agree to cooperate. We'll notify you of any claims.

23. USER DATa

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups of data, the Customer is solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. The Customer agrees that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be entirely performed within the State of Ohio without regard to its conflict of law principles.

25. MISCELLANEOUS

These Legal Terms, along with any posted policies, are the entire agreement between you and us. Our failure to enforce any provision doesn't waive our rights. We can assign our rights at any time. We're not liable for events beyond our control. If any part of these terms is deemed unlawful, it does not affect the validity of any remaining provisions. These terms don't create a partnership or agency relationship. The Customer agrees that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

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