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Terms and Conditions

Legal Terms and Conditions

This page states the Terms and Conditions under which you, the Web Site visitor ("You") may use this Web Site, which is owned by American Woodmark Corporation ("AWC").

Please read this page carefully. By using this Web Site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this Web Site. AWC may, in its sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions.

Use of Site Material

The contents of this Web Site, such as text, graphics, images and other content (the "Site Material") are protected by copyright under both United States and foreign laws. AWC authorizes You to view and download a single copy of the Site Material for Your personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited.

Trademarks

The names, marks and logos appearing in the Site Material are, unless otherwise noted, trademarks owned by or licensed to AWC or an affiliated company. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, AWC makes fair use in this Web Site of trademarks owned and used by third parties. Any such marks are clearly noted, and AWC makes no claim to ownership of those marks.

User Submissions

AWC welcomes Your comments on our Web Site, products, and services. However, You acknowledge that if You send us or post on the Web Site creative suggestions, ideas, notes, drawings, concepts, photographs, inventions or other information, (collectively, the "Information"), You grant to AWC a perpetual, unrestricted, royalty-free license to use the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

As a user of this Web site, You are responsible for Your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless You own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person. By posting Information on the Web Site, You represent that You have the right to do so.

AWC reserves the right to expel users and prevent their further access to this Web Site for violating these terms or the law and reserves the right to remove any communications from this Site. The violation of any of the terms and conditions set forth on this Legal Terms and Conditions page shall result in the immediate revocation of Your license to use the Site Material and obligates You to immediately destroy any copies of the Site Material in Your possession.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512(c)(3), Pub. L. 105-304, AWC has designated the following individual to receive notification of alleged copyright infringement on the Web Site:

Glenn Eanes
American Woodmark Corporation
3102 Shawnee Drive
Winchester, Virginia 22601
Tel: (540) 665-9112
Fax: (540) 665-9235
Email: geanes@woodmark.com

(“Copyright Agent”)

A claim of copyright infringement must be submitted in writing via either a physical or electronic medium and contain the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information sufficient to allow the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address.
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Limitation of Liability

Although AWC strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. Additionally, while users of this Site are bound by these terms and conditions not to submit false material, AWC cannot be responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users. AWC makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Web Site or about the results to be obtained from using the Web Site. You use the Web Site and its material at Your own risk.

AWC disclaims all liability arising from or related to Your use of the Project Planner. You agree that by using the Project Planner, You are solely responsible for the information and material that you input or post on the Web Site, including, but not limited to measurements, mis-measurements, specs, photographs, sketches, drawings, text, images, graphics, Information, numbers, budgets, plans, and data.

AWC DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE’S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AWC SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AWC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH AWC STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL AWC, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AWC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links

This Web Site contains links to web sites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by AWC of the contents on those other sites. AWC is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Web Site, You do so at Your own risk.

Indemnity

By using this Web Site, You agree to defend, indemnify, and hold harmless AWC, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that AWC may become obligated to pay arising or resulting from Your use of the Site Material or the Project Planner or Your breach of these Terms and Conditions. AWC reserves the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.

Privacy

This Privacy Policy is effective as of July 1, 2011. If there are material changes to this Privacy Policy, You will be notified by email provided that Your email address of record is both valid and active at the time of the notification.

At AWC, Your privacy is important to us. AWC does not collect personally-identifying information about You (such as Your name, address, telephone number, or e-mail address) unless You voluntarily submit that information to us through one of our contact or registration pages, the Project Planner, by e-mail or other means. We treat the information in our customer database, including any information You, as a customer, submit through this Web Site, as confidential and do not sell or otherwise disclose such information to third parties unless You have elected to share Your information with third parties by opting-in to third party marketing emails or under strict contracts involving customer service or the enhancement of our customer programs.

IF YOU ARE UNDER 18 YEARS OF AGE YOU MAY NOT OPT-IN TO RECEIVE MARKETING MATERIALS.

When You visit our Web Site, we may automatically collect certain non-identifying information about You, such as the type of browser or computer operating system You use or the domain name of the Web Site from which You linked to us. In addition, we may store some information on Your computer’s hard drive as a "cookie" or similar type of file. We use this information internally, to help us enhance the efficiency and usefulness of the Web Site and to improve customer service. If You object to this, please consult Your Browser’s documentation for information on erasing or blocking cookies.

Any information we gather, whether voluntarily provided by You or automatically collected, may be used for our internal business and marketing purposes but will not be sold or otherwise disclosed to third parties for any purposes, unless You have expressly requested information about a specific vendor or service identified on our Web Site, selected the Share My Plan feature, or have opted-in to receiving third party marketing emails. If You have elected to receive third party marketing emails, but no longer wish to receive such correspondence, You may, at any time, opt-out of third party marketing emails by updating Your profile on the Web Site. Similarly, if You no longer wish to participate in the Share My Plan program, You can update Your profile on the Web Site to remove this feature. You also may, at any time, review, update or delete the information, You have provided to us. If You are concerned about the information You have provided to us, please contact us at: geanes@woodmark.com.

Notwithstanding any other statements or representations here or elsewhere on our Web Site, we reserve our right to disclose any information in our possession if we are required to do so by law, or we believe, in good faith, that such a disclosure is necessary to comply with the law, defend our rights or property, or to respond to an emergency situation.

AWC employs reasonable security measures to protect the personal information You submit to us, once it is received.

Miscellaneous

This Web Site originates from Chicago, Illinois. AWC does not claim that the Site Materials on this Web Site are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If You access the Web Site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

These Terms and Conditions are governed by the substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the Commonwealth of Virginia with respect to any dispute, disagreement, or cause of action related to or involving this Web Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Web Site, these Terms and Conditions constitute the entire agreement between You and AWC with respect to Your use of this Web Site.