Site Policies, Modification, and Severability
When you visit PRESENT USA or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
All content included on this site, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of PRESENT USA, its software suppliers, or its content suppliers and protected by United States and international copyright laws.
PRESENT USA graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of PRESENT USA in the U.S. and/or other countries. PRESENT USA trademarks and trade dress may not be used in connection with any product or service that is not PRESENT USA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PRESENT USA. All other trademarks not owned by PRESENT USA that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PRESENT USA.
License and Site Access
PRESENT USA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PRESENT USA. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PRESENT USA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PRESENT USA and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing PRESENT USA's name or trademarks without the express written consent of PRESENT USA. You may not use any direct linking or source-calling of any media presented on this web site. Any unauthorized use terminates the permission or license granted by PRESENT USA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PRESENT USA so long as the link does not portray PRESENT USA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PRESENT USA logo or other proprietary graphic or trademark as part of the link without express written permission.
If you are under 18, you may use PRESENT USA only with consent of a parent or guardian. PRESENT USA reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other User Content
If you do post content or submit material, submit suggestions, ideas, comments, questions, or other information, the content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or 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 such content. PRESENT USA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
By placing material on PRESENT USA web sites, including but not limited to posting content or communications to any PRESENT USA bulletin board, forum, blogspace, message or chat area, review space, or posting text, images, audio files or other audio-visual content to the site (“User Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service and, (2) the User Content will not cause injury to any person or entity.
For all User Content you post, upload or otherwise make available (“Provide”) to PRESENT USA web sites, you grant PRESENT USA, its affiliates and related entities, including the PRESENT USA site the content was submitted to and its affiliated sites a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store and create derivative works from such User Content, in any form, format, or medium of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize PRESENT USA to share the User Content across all web sites, advertisements, media and other medium, affiliated with PRESENT USA, to include the User Content in a searchable format accessible by users of PRESENT USA web sites, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to PRESENT USA web sites. You also grant PRESENT USA the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. You grant PRESENT USA and sub licensees the right to use the name that you submit in connection with such content, if they choose. You 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 will indemnify PRESENT USA for all claims resulting from content you supply. PRESENT USA has the right but not the obligation to monitor and edit or remove any activity or content. PRESENT USA takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from PRESENT USA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
Quantity Limits and Dealer Sales
PRESENT USA reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. PRESENT USA also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact our Sales Team.
PRESENT USA attempts to be as accurate as possible. However, PRESENT USA does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product you purchase from us is not as described, your sole remedy is to return it in unused condition.
We have also made every effort to display as accurately as possible the colors and finishes of our products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color or finish will be accurate.
Disclaimer of Indian or Native American Origin or Manufacture. No product sold on this website, or by any of PRESENT USA, is Indian produced, an Indian product, or the product of a particular Indian, Indian tribe, or Indian arts and crafts organization, resident in the United States or abroad.
You agree to defend, indemnify and hold PRESENT USA harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY PRESENT USA ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRESENT USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRESENT USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PRESENT USA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE PRESENT USA WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Whereas, from time to time, PRESENT USA may provide certain products that cannot be resold as new (“Items”). Items include samples given to a contractor for review of said Items. In consideration for receipt of such Items, and other good and valuable consideration, the sufficient of which is hereby acknowledged, the Contractor agrees as follows: NO RETURN: Such Items are offered free of charge and cannot be returned for refund, credit or otherwise. WARRANTY: Given the nature of these items, Seller provides them "AS IS", WHERE IT IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. CONTRACTOR HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL SELLER HAVE LIABILITY. LABOR ALLOWANCE: Seller makes NO ADDITIONAL ALLOWANCE FOR THE LABOR, SHIPPING OR OTHER EXPENSE INCURRED BY CONTRACTOR IN RETURNING, and REPAIRING OR REPLACING THE DEFECTIVE ITEMS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. RELEASE: Contractor hereby waives, releases and discharges Seller, its corporate affiliates and their officers, directors, employees and related parties, from any and all claims, actions, causes of action, demands, damages and liability of whatever nature, known or unknown, in connection with or arising from sale or use of Items hereunder. INDEMNITY: Furthermore, Contractor agrees to defend, indemnify and hold Seller harmless from any and all claims, actions, and causes of action, demands, damages and liabilities of whatever type as a result of the use of the Items (s).
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PRESENT USA OR ANY OF ITS AFFILIATES (Network Stores), EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THIS AND OTHER PRESENT USA WEB SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PRESENT USA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PRESENT USA BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
This Agreement shall be governed by and construed under Pennsylvania law as such law applies to agreements between Pennsylvania residents entered into and to be performed within Pennsylvania. Any action or proceeding arising out of or related to these terms, conditions, and policies or your use of this site must be brought in the state or federal courts of Pennsylvania.
California's Proposition 65 entitles california consumers to special warnings for certain products that contain chemicals above certain threshold levels. The general Proposition 65 notice is as follows: WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. Proposition 65 notice for wood products is as follows: WARNING: Drilling, sawing, sanding or machining wood products generates wood dust, a substance known to the State of California to cause cancer. Use a respirator or other safeguards to avoid inhaling wood dust.
Due to WaterSense regulations in the state of New York, please confirm your shipping zip code is not restricted from use of items that do not meet WaterSense qualifications.
We do not charge for sales tax outside of Pennsylvania. Only orders shipped to Pennsylvania will be subject to a 6% sales tax. For all other states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases.
Colorado. We are required under Colorado Regulation 39-21-112.3.5(2) to provide notice that we do not collect sales tax in Colorado. Use tax may be reported and paid on Form DR 0252 located on the department’s website. http://www.colorado.gov/revenue
Kentucky. We are required under KRS Section 139.450(2)(a)2 to provide notice that we do not collect sales tax in Kentucky. Use tax may be reported and paid on Form 51A102 located on the Kentucky Department of Revenue Website. http://revenue.ky.gov/
Oklahoma. We are required under O.S. Section 1406.1.A to provide notice that we do not collect sales tax in Oklahoma. Use tax may be reported and paid on Form SCU 20004 located on the Oklahoma Department of Revenue Website. http://www.tax.ok.gov
South Dakota. We are required under South Dakota Senate Bill 146 to provide notice that we do not collect sales tax in South Dakota. Use tax may be reported and paid on the South Dakota Use Tax Form located on the South Dakota Department of Revenue Website. http://dor.sd.gov/
Vermont. We are required under V.S.A. Section 9783(b) to provide notice that we do not collect sales tax in Vermont. Use tax may be reported and paid on Form SU-452 available on the Vermont Department of Revenue Website. http://www.state.vt.us/tax/index.shtml
Additional terms and condtions for concrete-based and gypsum-based products
Article 1: Surface roughness and inclusion of air
The production methods used can result in the inclusion of air or insufficiently filled surfaces. For so far as these do not lead to a substantial deviation from the outer measurements or the surface, the product is not considered as faulty and no claims are possible.
Article 2: Quality
The entire consignment or a type of product in the consignment, to which the other party has made an objection, must until Present USA has looked into these objections - be left in the state of arrival, unsorted, unused and unprocessed.
Article 4: Size and colour
The products are produced using natural materials whereby colour differences can occur. You must therefore take this into account when ordering and using the product. It is advised to mix and check products from different boxes before use. After use no claims are possible.
Article 5: White efflorescence
Because of climatic circumstance white chalk efflorescence can occur on the surface of cement-based materials. This in no way negatively affects the quality of the product. Over the course of time this efflorescence will disappear again because of the same climatic circumstances. Claims based on this white efflorescence are not possible.