Terms of Use

We reserve the right to make changes to these Terms at any time. If we do, we will post an updated version here. Please check back from time to time to ensure you are aware of any updates or changes.

It is our policy to comply with all applicable laws and regulations in operating our websites and apps. We ask that you do the same. By using our websites and apps, you are presumed to accept this request, and are required to comply with all applicable laws and regulations.

AWC owns all rights, title and interest in its websites and apps, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the websites and apps, and the compilation of the content, code, data and materials on the websites and apps, including all intellectual property and proprietary rights. The content of our websites and apps is protected under United States and other copyright laws, and is the property of AWC. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content of our websites or apps, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of AWC is permitted. All words and symbols designated by ® or ™ and used on or in connection with AWC products or marketing materials on our websites and apps (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, AWC or other owners that have granted AWC the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with the prior written consent of AWC, and you may not remove or otherwise modify any trademark notices from any content.

Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying our websites and apps without our express written permission is prohibited. Any violation of this section may result in copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. We reserve the right to terminate your usage of our websites and apps if you infringe our or any other person’s intellectual property rights.

You may display and download our websites and apps onto a single device and print portions of the material from our websites and apps solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the websites or apps, or any content, products or services obtained through them.

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below (including paragraph numbers) in the order requested:

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or accountholders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to our websites and apps, and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

We offer features on our websites and apps that allow our customers to provide reviews, and share information about their experiences with our products (“Interactive Areas”). You do not have to use these features, but if you do, please use good judgment when posting in these communities or sharing information, photos, or videos with others. By using our websites or apps, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish through our websites or apps any of the following:

In order to access certain features of our websites and apps or participate in our contests or promotions, you may be required to create a user account with us (“Account”). Information you provide through your Account must be truthful. User names may not be offensive, deceptive or violate any other party’s rights. You are responsible for the security of your access codes and passwords, and agree that AWC is not liable for any unauthorized use of those access codes or passwords.

If you violate any of these Terms of Use, we may terminate any or all of your Accounts. If we terminate your Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of our websites or apps under your Account, your Account may be terminated immediately and we reserve the right to hold you liable for any and all damages we may suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of our websites or apps.

You may discontinue your use and access to our websites and apps at any time. However, these Terms of Use remain in force until terminated by us, which may be done at any time in our sole discretion. We may also, at any time, suspend or block your access to our websites and apps without notice for any conduct that we, in our sole discretion, believe is contrary to our best interests, in violation of these Terms of Use, or in violation of any applicable local, state, or federal laws or regulations. In the event of any such termination, the restrictions on your use of the material on the websites and apps (including with respect to intellectual property) shall survive such termination, and you agree to be bound by those terms. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use.

While we use commercially reasonable efforts to keep our websites and apps accessible, they may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine maintenance. We retain the right to determine the content, appearance, design, functionality and all other aspects of our websites and apps. We shall not be liable to you or any third party should we exercise any of these rights.

All prices displayed on our websites and apps are quoted in U.S. dollars and are valid in the continental United States only. Sales taxes are assessed as applicable. We reserve the right, without prior notice, to discontinue products, or change specifications and prices on products shown on our websites and apps. Please confirm availability with your authorized dealer prior to purchasing any product. We reserve the right to limit the order quantity of any items without prior notice.

Although we strive for accuracy in all elements of our websites and apps, including product listings, descriptions and images of products, there may be errors, inaccuracies or omissions that relate to product descriptions, pricing, promotions, offers, shipping prices, shipping times, availability, or other details. Because the actual colors you see displayed for products may vary depending on the monitor or device you use to access our websites and apps, we cannot guarantee that the colors and finishes you see on our websites and apps will accurately reflect actual product colors or finishes. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on our websites or apps is inaccurate at any time without prior notice (including after you have submitted your order). AWC is not responsible for your interpretation of or reliance on any information or content found on the websites or apps, and AWC makes no representations about the accuracy, reliability, completeness, or timeliness of the websites and apps, and is not responsible for the conduct, whether online or offline, of any person using the websites or apps, including any person’s violation of these Terms of Use.

Each contest, sweepstakes, raffle, survey, game, or other promotion we sponsor may have unique terms and/or rules that apply in addition to these Terms of Use. Please review the applicable rules as well as our Privacy Policy and these Terms of Use. If the promotion rules conflict with these Terms of Use, the promotion rules will govern.

You must be 18 years of age to access or use our websites or apps, or to create an Account with us.

You represent and warrant that (1) you are not a citizen of or located in a country or region that is targeted for comprehensive trade sanctions by the U. S. Government, (2) you will not access or use our websites or apps from such a country or region, and (3) you are not designated on the U.S. Treasury’s Specially Designated Nationals or Blocked Persons List or otherwise a person who is barred from doing business with U.S. persons or from receiving exports of goods or services from the U.S.

AWC is committed to ensuring that individuals with disabilities can access all of the goods, services, facilities, privileges, advantages, and accommodations we offer through our websites and apps. If you are having trouble accessing our websites or apps, please contact us for assistance.

AWC’S WEBSITES AND APPS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AWC HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO ITS WEBSITES, APPS, AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE WEBSITES OR APPS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES AND APPS IS AT YOUR SOLE RISK, AND assume the entire cost of all necessary servicing, repair, or correction to your system THAT MAY BE NEEDED DUE TO YOUR USE OF THE WEBSITES OR APPS. NEITHER AWC NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITES OR APPS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES OR APPS, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE WEBSITES OR APPS, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OFFERED THROUGH THE WEBSITES OR APPS, OR (D) THAT THE FILES AVAILABLE FOR DOWNLOAD FROM THE WEBSITES OR APPS, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES.

AWC disclaims all liability arising from or related to your use of the various tools available on the websites and apps 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 website, including, but not limited to measurements, mis-measurements, specifications, photographs, sketches, drawings, text, images, graphics, information, numbers, budgets, plans, and data.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AWC OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITES OR APPS, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES OR APPS, ANY CONTENT OBTAINED FROM THE WEBSITES OR APPS, EVEN IF AWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL AWC’S TOTAL AGGREGATE LIABILITY EXCEED, IN THE AGGREGATE FOR ALL CLAIMS ARISING UNDER THE TERMS OF USE, TWO HUNDRED AND FIFTY DOLLARS (USD $250.00) OR THE AMOUNT THAT YOU HAVE PAID US IN THE LAST SIX MONTHS FOR ACCESS TO OUR WEBSITES AND APPS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE THAT AWC WOULD NOT PROVIDE ACCESS TO ITS WEBSITES OR APPS IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN ANY jurisdiction THAT doES not allow A limitation or exclusion of liability IN ALL CIRCUMSTANCES, OUR liability shall be APPLIED to the extent permitted by law.

Our customer service team is here to assist you with any issues you may encounter with our websites, apps, services, or products. The following terms apply to disputes, which we are unable to resolve informally. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR CLAIM HEARD BY A JURY.

Any and all disputes, claims, and causes of action between you and AWC, including those arising out of or connected with our websites and apps, any benefits associated with them, these Terms and Conditions, or our Privacy Policy that cannot be settled through informal discussions shall be first submitted to mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to binding arbitration. Any dispute, claim, or cause of action that is not resolved by mediation shall be settled by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules, and we will reimburse those fees if your claims at issue seek less than $10,000. Likewise, we will not seek attorneys’ fees and costs in arbitration. Judgment on any award rendered by the arbitrator may be entered in any state or federal court of competent jurisdiction.

Notwithstanding the above, you or AWC may choose to pursue a dispute in court and not by arbitration if the dispute qualifies for resolution in small claims court. AWC may also seek injunctive relief, damages, or other appropriate relief in state or federal court if the dispute involves an infringement or threatened infringement of our intellectual property rights. Any such dispute brought by you or AWC in court shall be filed in the state or federal courts located in Winchester, Virginia and the Western District of Virginia, and you consent and agree to the personal jurisdiction and venue of these courts.

You agree that, to the maximum extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with AWC’s websites and apps, any products or services sold through them, these Terms and Conditions, or our Privacy Policy will be resolved on an individual basis, without resort to any form of class action or mass action. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.

You agree to bring any and all claims against AWC within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.

You agree to indemnify, defend, and hold harmless AWC, its parents and affiliates, together with their respective employees, agents, directors, officers, suppliers, and shareholders from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of your use of the websites and apps, your breach or alleged breach of these Terms of Use, or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of AWC or third parties.

In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of our mobile apps compatible with Apple Inc.’s iOS operating system.

You and AWC acknowledge that these Terms of Use are between you and AWC only, and not with Apple. AWC, not Apple, is solely responsible for its websites and apps, and the content therein.

Any license you have been granted in these Terms of Use is limited to a non-transferable license to use AWC’s apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using our mobile apps, such as your wireless data service agreement.

You and AWC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the websites and apps.

Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any of our mobile apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be AWC’s sole responsibility.

You and AWC acknowledge that AWC, not Apple, is responsible for addressing any of your claims or any third party claims relating to our mobile apps or your possession and/or use of our mobile apps, including, but not limited to: (i) product liability claims; (ii) any claim that our mobile apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You and AWC acknowledge that, in the event of any third-party claim that one of our mobile apps infringes that third party’s intellectual property rights, AWC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Any questions, complaints or claims with respect to our mobile apps should be directed to us, using the information found below under “How to Contact Us.”

You and AWC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you.

No delay or failure by AWC to enforce any provision in these Terms of Use shall constitute a waiver of any of our rights under these Terms of Use. Neither the receipt of any funds by AWC nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of AWC shall have any legal effect.

If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Any disputes arising out of or related to these Terms of Use and/or any use by you of our websites or apps shall be governed by the laws of the United States and the Commonwealth of Virginia, without regard to choice-of-law rules and without regard to conflicts-of-laws principles.

If you have any questions or comments about these Terms of Use, please feel free to contact us at the postal address below, via email to privacy@woodmark.com or by calling us at 1-844-885-0940.