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  TERMS OF USE

1. Acceptance: Welcome to the website displayed at www.imaginationmillwork.com (this “Site”) is operated by Imagination Millwork, Inc. Your use of and access to this Site is conditional upon your acceptance of these Terms of Use Including our Privacy Policy. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these Terms of Use periodically for updates.

AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

2. Rights to Contents and Intellectual Property: The copyrights to all materials, content and lay-out of this Site (Including text, user and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Imagination Millwork, Inc. its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without Imagination Millwork, Inc.’s express prior written consent.

Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by Imagination Millwork, Inc. or its parents, affiliates or subsidiaries and may not be used by you without the prior written consent of Imagination Millwork, Inc. or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site.

3. Use of this Site: Imagination Millwork, Inc. maintains this Site for your education, information and personal entertainment. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Site is prohibited except with Imagination Millwork, Inc’s express prior written consent. All rights not expressly granted here are reserved to Imagination Millwork, Inc.

You may not use any computer program tools Including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them. These individuals shall be ultimately responsible for the actions and behavior of their Tools on this Site and any violations of these Terms of Use as a result thereof.

4. Disclaimers: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, IMAGINATION MILLWORK, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INC.LUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

5. Limitation of Liability: In no event shall Imagination Millwork, Inc., its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, Including without limitation any direct, special, Incidental, indirect, exemplary, punitive or consequential damages, Including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

6. Indemnification: You agree to indemnify and hold harmless Imagination Millwork, Inc., its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, Including reasonable attorneys'' fees, resulting from any violation of this Agreement, or the failure to fulfill any obligations relating to your account Incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

7. Pricing: All prices are listed in U.S. Dollars.

8. Termination: At its sole discretion, Imagination Millwork, Inc. may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.

9. Linking Policy: This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Imagination Millwork, Inc. Each linked to website has its own terms and conditions of use and Privacy Policy, as described in that site's legal notice/terms of use. Those terms and conditions may be different than these Terms of Use/Privacy Policy, and we urge you to read each website's legal notice/terms of use carefully before you use that site. Imagination Millwork, Inc. does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. Imagination Millwork, Inc. does not endorse the content, or any products or services available, on such sites. Imagination Millwork may, at its discretion, remove any link. If you link to such sites you do so at your own risk.

10. Dispute Resolution, Choice of Law and Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to imaginationmillwork.com or to products you purchase through imaginationmillwork.com shall be submitted to confidential arbitration in Maryland, except that, to the extent you have in any manner violated or threatened to violate imaginationmillwork.com's intellectual property rights, Imaginationmillwork.com may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Imaginationmillwork.com.

These Terms of Use are effective as of June 2009.

Imagination Millwork, Inc. • 4821 Winchester Boulevard, Unit 110 • Frederick, Maryland 21703 • phone: 301.514.855

©2009 Imagination Millwork, Inc. All rights reserved.


 
 
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