Terms and Conditions
LEGAL TERMS AND CONDITIONS
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. Your use of the Web Site constitutes acceptance of these Terms and Conditions. By accepting the Terms and Conditions through Your use of the Web Site, you certify that you are either (i) 18 years of age or older, or (ii) you are at least 13 years of age and are using the Web Site under the supervision of a parent or legal guardian who has agreed to be bound the these Terms and Conditions on Your behalf. If You are under the age of 13, You are not permitted to use this Web Site. If you are a parent or legal guardian who has agreed to be bound by these Terms and Conditions on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Web Site, including all legal liability that such child may incur.
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.
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.
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.
You further agree to not do any of the following: (i) restrict or inhibit any other visitor from using the Web Site, including, without limitation, by means of “hacking” or defacing any portion of the Web Site; (ii) use the Web Site or content from the Web Site for any unlawful purpose; (iii) express or imply that any statement You make is endorsed by AWC; (iv) engage in spamming, flooding, phishing, or other activity intended to gather information unlawfully; or (v) transmit any software or other materials that contain harmful or malicious code, including, without limitation, viruses, worms, time bombs, date bombs, Trojan horses, and defects.
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 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.
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:
Kenneth J. Sweet
American Woodmark Corporation
561 Shady Elm Road
Winchester, Virginia 22602
Tel: (540) 665-9184
A claim of copyright infringement must be submitted in writing via either a physical or electronic medium and contain the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- 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.
- 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.
- 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.
- 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.
AWC will respond expeditiously to such written notice. AWC reserves the right at any time to disable access to or remove any material or activity accessible on or from this Web Site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. AWC also reserves the right and has a policy to terminate in appropriate circumstances the accounts of visitors who are repeat copyright infringers.
If You are the recipient of a notification of alleged copyright infringement that You believe is false and/or that the allegedly infringing material was wrongly removed in response to such notice, You may submit a written counter-notification to the address listed above that contains the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which You are located, or if Your address is located outside the United States, for any judicial district in which AWC may be found, and that You will accept service of process from the person who provided the original notification or an agent of such person.
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 Web 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 various tools available on the Web Site for use in organizing, creating, or otherwise planning for a renovation or new construction (“Planning Tools”). You agree that by using the Planning Tools, 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 WEB SITE’S MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE PLANNING TOOLS, 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 WEB 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.
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.
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 Planning Tools 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.
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, or third parties authorized by us, may store some information on Your computer’s hard drive as a “cookie” or similar type of file. We use this information to help us enhance the efficiency and usefulness of the Web Site, to improve customer service, and for marketing purposes. 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 and may be disclosed to third parties if You have requested information about a specific vendor or service identified on our Web Site, if You have opted in to receiving third party marketing emails, or as part of our agreements with third party service providers. We use third party services to improve the functionality of our site. These companies may collect data and/or serve ads when You visit our site and may use information from Your visit to this and other websites in order to provide advertisements about goods and services of interest to You. If You would like more information about this practice and to know Your choices about not having this information used by these companies, visit http://networkadvertising.org. 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. 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: the email address provided in the Copyright Infringement Section, above.
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, to defend our rights or property, or to respond to an emergency situation. We also reserve the right to disclose any information in our possession as part of a merger or sale of all or part of our business.
AWC employs reasonable security measures to protect the personal information You submit to us, once it is received.
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.