Terms & Conditions of Use Agreement

Welcome to the website displayed at www.imaginationmillwork.com (this “Site”) is operated by Imagination Millwork, Inc. This Terms & Conditions of Use Agreement (“Agreement”) contains the terms and conditions for the use of this site and imaginationmillwork.com. As used in this Agreement, “we”, “us”, or “our” refers to Imaginationmillwork.com, “you” or “your” refers to the individual or entity using the Site, and “Site” refers to all viewable pages including page headers, custom graphics, button icons, links, and text, underlying program code, database content, products and accompanying services and documentation. By accessing, browsing and/or using this Internet Site, you acknowledge that you have read, understood, and do agree to be bound by these terms and conditions and comply with all applicable laws and regulations, including U.S. and International laws and regulations. Your use of and access to this Site is conditional upon your acceptance of this Agreement, including our Privacy Policy. We reserve the right, in our sole discretion, to modify or update this Agreement from time to time with immediate effect. It is your responsibility to review this Agreement periodically for updates.

Acceptance

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

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.

Rights to Contents and Intellectual Property

The copyrights to all materials, content and layout 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.

Prohibition Against Reverse Engineering

Under the foregoing license, you are prohibited from translating, decompiling, disassembling or reverse engineering or otherwise attempting to derive the source code for the operation of the Internet Site or creating derivative architecture based on the Internet Site or parts of the Internet Site. For purposes of this Agreement, "reverse engineering" shall mean the examination or analysis of the Internet Site software to determine its source code, structure, organization, and internal design, algorithms or program devices.

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.

Image Disclaimer

The product “blueprints,” photographs and other images shown are for illustrative purposes only and may not be an exact representation of the product. Imagination Millwork, Inc. reserves the right to change product images at any time without notice.

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.

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.

Purchasing Conditions

By placing an order with Imagiantionmillwork.com, you agree to be bound by the terms and conditions of this Agreement and the Business Policies of Imaginatinmillwork.com, as they are revised from time to time. Each order submitted is subject to acceptance by us. We reserve the right to accept or decline any order for any or no reason. Risk of any loss or damage to products you order from us shall transfer to you upon delivery of such products to you. Title to these items shall pass to you only upon full payment of the total price for such items. Until such full payment, you hereby grant us a purchase money security interest in such items ordered from us, and further agree to cooperate and assist us in the perfection of such interest.

Pricing and/or Typographical Errors

All prices listed are in U.S. Dollars.

In the event a product is listed at an incorrect price due to typographical error, or error in pricing information received from our suppliers, Imagination Millwork, Inc. obtains the right to refuse or cancel any orders placed for product listed at the incorrect price. Imagination Millwork, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or payment has been completed. If your credit card has already been charged for the purchase, and your order is canceled, Imagination Millwork, Inc. will immediately issue a credit to your credit card account in the amount of the incorrect price.

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.

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.

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.

Miscellaneous

In the event unauthorized charges appear on your credit card through no fault of your own and result expressly from using the Imaginationmillwork.com site, and for charges which your credit card company holds you liable, Imaginationmillwork.com may, at its option, cover the liability for up to $50.00, or provide you with a discount on Imaginationmillwork.com products, provided you notify your credit card provider in accordance with their reporting rules and procedures, and reasonably cooperate with Imaginationmillwork.com to stop the fraudulent use of your card. Imaginationmillwork.com will not be responsible or liable for any delay or failure to perform under this Agreement if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, revolution, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of Imaginationmillwork.com. This Agreement represents the complete agreement concerning this license and may be amended only by a written amendment executed by both parties. THE ACCEPTANCE BY Imaginationmillwork.com OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR AGREEMENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. You represent and warrant that, as the individual electronically agreeing to the terms of this Agreement, you are authorized and empowered to agree to this Agreement on behalf of yourself and any organization that you purport to represent.

Other Conditions

These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Imagination Millwork, Inc. signs them or not. We reserve the right to make changes to this site and these Conditions at any time without notification.

Imagination Millwork, Inc. • 5257 Buckeystown Pike, #347 • Frederick, Maryland 21704 • phone: 301.874.1160