www.timberlake.com and the TimberlakeConnect App
Modifications of These Terms of Us
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.
Compliance with Applicable Law
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.
Personal and Non-Commercial Use Limitation
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.
Copyright Complaint Policy & How to Submit an Infringement Notice
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:
A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our websites or apps, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on our websites or apps should be emailed or mailed, at your choice, to:
It is our policy to respond expeditiously when we receive a clear and complete notice of alleged copyright infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If we receive proper notification of claimed copyright infringement, we will remove or disable access to material claimed to be the subject of infringing activity in accordance with the DMCA, and in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
Repeat Infringer Policy
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.
User Content, Submissions, and Other Interactive Areas
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:
Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that promotes illegal drug use, tobacco or firearms use;
Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited advertising or links to other commercial sites;
Anyone else’s personal information (such as someone else’s name, address, phone number, email address, Social Security number, credit card number or other personal information);
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such content is posted;
Content that communicates messages inconsistent with the positive good will of AWC; or
Content that, in the sole judgment of AWC, is objectionable, or which may expose the websites, apps, or their users to any harm.
Creating an Account
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.
Termination of Usage
Availability of the Websites and Apps
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.
Sweepstakes, Contests, Promotions, and Surveys
Eligibility to Use Our Websites and Apps
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.
Disclaimer of Warranty
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.
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.
Dispute Resolution Terms
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.
Agreement to Mediation and Arbitration
Exclusions from Arbitration
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.
Class Action Waiver
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.
Additional Terms for iOS Apps
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.”
How to Contact Us
American Woodmark Corporation
561 Shady Elm Road
Winchester, VA 22602