MILLWOOD, INC. – WEB SITE TERMS AND CONDITIONS OF USE
©2015 MILLWOODINC.COM and LIBERTYDIRECT.COM. ALL RIGHTS RESERVED. WELCOME TO LIBERTYDIRECT.COM operated by Millwood, Inc. (hereinafter referred to as either “Millwood” or in some places as “LIBERTYDIRECT.COM”) PLEASE REFER TO THE LEGAL NOTICE BELOW FOR MILLWOOD’S TERMS AND CONDITIONS OF USE. The website address for MILLWOODINC.com is http://www.millwoodinc.com, and the website address for LIBERTYDIRECT.COM is http://www.libertydirect.com. The mailing address is – 3708 International Boulevard, Vienna, Ohio, 44473.
THE EFFECTIVE DATE OF THIS AGREEMENT IS 05/15/2015
Agreement Between the User and Millwood
WELCOME TO MILLWOODINC.COM. THESE TERMS AND CONDITIONS OF USE (THE TERMS) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE USER OF THIS WEBSITE (THE SITE), AND MILLWOOD, INC., THE OWNER AND OPERATOR OF THIS SITE. YOUR ACCESS AND USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ALL PROVISIONS OF THESE TERMS, AS WELL AS ALL APPLICABLE LAWS. IT IS THEREFORE IMPORTANT THAT YOU READ THESE TERMS CAREFULLY BEFORE USING THE SITE AS THEY AFFECT YOUR RIGHTS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS SITE.
Modification or Changes to these Terms
THESE TERMS ARE SUBJECT TO CHANGE OR DELETION AT ANY TIME WITHOUT PRIOR NOTICE. ANY CHANGES WILL BE INCORPORATED BY REFERENCE INTO THE TERMS POSTED TO THIS SITE FROM TIME TO TIME. MILLWOOD ALSO RESERVES THE RIGHT IN ITS SOLE DISCRETION TO EDIT, DELETE, MODIFY, SUSPEND OR DISCONTINUE ANY CONTENT, FEATURE, ASPECT, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE AT ANY TIME. BY USING THE SITE, YOU AGREE TO REVIEW THE TERMS AS INCLUDED ON OR WITH ANY CONTENT AVAILABLE ON THE SITE, AS WELL AS ANY NOTICE THAT MILLWOOD MAY SEND YOU REGARDING THE TERMS. YOUR CONTINUED USE OF THE SITE REPRESENTS YOUR AGREEMENT TO ALL TERMS, INCLUDING NEW AND/OR MODIFIED PROVISIONS OF THE TERMS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF USE, YOU SHOULD NOT ACCESS THIS SITE, OR YOU SHOULD OTHERWISE NOTIFY US IN WRITING.
Electronic Communications and Communications in General, Express Consent of User
Visiting a Site such as Millwoodinc.com or LibertyDirect.com or sending emails to Millwood constitutes electronic communications and results in electronic records with Millwood. You expressly consent to electronic communications and records from Millwood. You expressly consent to receive electronic communications from Millwood and you expressly agree that all communications that Millwood provides you electronically, via email or on this Site, satisfy any legal requirement that such communications be in writing. You may withdraw such express consent at any time by contacting Millwood through email, mail, fax, or telephone, as follows:
[Millwood, Email: customerservice@Millwoodinc.com]
Millwood, Mailing Address: 3708 International Boulevard
Vienna, Ohio 44473
Millwood, Fax: +1 (330) 393-4401
Millwood, Telephone: (877) 891-9663 or +1 (330) 393-4400
The user’s withdrawal of express consent to electronic communications may, at Millwood’s discretion, result in the termination of the relationship between Millwood and the user.
When you provide Millwood your email address, the company will email you as necessary to process your order, respond to a request, or provide customer service assistance. Once you place an order on LibertyDirect.com, you will receive an email confirmation, and, in most cases, an email with package tracking information upon the shipment.
MILLWOOD MAY ALSO PROVIDE YOU, BY EMAIL, REGULAR MAIL, FAX, TELEPHONE, OR POSTINGS ON THIS SITE, NOTICES OR SERVICE AND TRANSACTION-RELATED ANNOUNCEMENTS (THE ANNOUNCEMENTS), INCLUDING BUT NOT LIMITED TO CHANGES TO THESE TERMS, CHANGES YOU MAKE TO YOUR “MYLIBERTY DIRECT ACCOUNT” PROFILE OR PASSWORD, AND DATA BREACH NOTIFICATIONS. BY ACCESSING AND USING THIS SITE YOU EXPRESSLY AGREE THAT MILLWOOD MAY SEND YOU SUCH NOTICES AND ANNOUNCEMENTS BY EMAIL, REGULAR OR EXPRESS MAIL, FAX, TELEPHONE (BETWEEN 8:00AM AND 5:00PM LOCAL TIME AT YOUR LOCATION), OR POSTINGS ON THIS SITE. WE WILL SEND NOTICES OR ANNOUNCEMENTS WHEN IT IS NECESSARY TO DO SO IN ORDER TO KEEP YOU INFORMED, IN PARTICULAR, BUT NOT LIMITED TO, WHEN SUCH NOTICES OR ANNOUNCEMENTS MAY AFFECT YOUR RIGHTS, YOUR SAFETY, THE SECURITY OF YOUR PERSONAL INFORMATION, THE WARRANTY OF A PRODUCT OR SERVICE YOU PURCHASED, OR AS REQUIRED BY THE LAW. For example, in the unlikely event that Millwood has reasons to suspect that its system has been the target of a cyber-attack, Millwood reserves the right to contact you by the most reasonable and expedient methods, including by email. We may also, but are not obligated to, notify you by email or other methods of communication when it appears that you have made changes to your “MyLiberty Direct Account” profile or password. In general, you may not opt-out altogether from these notices or announcements which are not intended to be promotional in nature. Please notify us by email, mail, fax, or telephone per instructions stated in this section if you do not wish to receive these messages by a certain method(s) of communication.
Millwood may also send you promotional electronic or communications about products, special offers, promotions, services or events that we believe may be of interest to you. Millwood intends to send promotional emails and communication only to those persons who wish to receive them. Millwood provides instructions on how to unsubscribe at the bottom of each email and within the “MyLiberty Direct Account” section of Millwoodinc.com which you may access by clicking here.
The safety and security of your personal information starts with you. YOU SHALL BE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD TO LOGIN INTO “MY ACCOUNT” ON THE SITE. THUS, YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE “MY ACCOUNT” USER ID AND PASSWORD, WHETHER OR NOT YOU AUTHORIZE SUCH ACTIVITIES. Any User ID and password for your access to the Site shall be for your personal non-commercial use only. You further agree to first immediately notify Millwood of any unauthorized use of your User ID or password of which you become aware and second, ensure that you exit and logout from your account at the end of each session.
Third Party Links
From time to time, this Site may contain links to other websites that are not owned, operated or controlled by Millwood or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither Millwood nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither Millwood nor any of its affiliates endorses, guarantees, or makes any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from this Site, you do so entirely at your own risk.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Millwoodinc.com on this Site and other than generally available third party web browsers (e.g., Internet Explorer, Mozilla Firefox, Safari, Chrome).
Nothing contained in this Site shall constitute an offer by Millwood to buy or sell products or services. No agreement to buy or sell products or services shall be formed by means of the use of this Site until a user places an order, and it is then accepted by Millwood in the manner described in the specific ordering information provided with the Millwood Terms and Conditions of Sale. Upon placing an order, the user agrees Millwood’s Terms and Conditions of Sale located at www.millwoodinc.com shall apply regarding the purchase and sale of the products (hereinafter the “Terms and Conditions of Sale.” The Terms and Conditions of Sale of Millwood, shall be the terms and conditions governing the purchase or sale, as the case may be, of all products and services. All product requests or orders are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such product requests or orders.
USER HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS OF SALE OF MILLWOOD, LOCATED AT www.millwoodinc.com AND AGREES THAT BY ORDERING PRODUCTS FROM MILLWOOD, USER IS ACCEPTING ALL OF THE TERMS AND CONDITIONS OF SALE OF MILLWOOD. ALL TERMS AND CONDITIONS PROPOSED BY USER WHICH ARE DIFFERENT FROM OR IN ADDITION TO THESE TERMS AND CONDITIONS, WHETHER CONTAINED IN A PURCHASE ORDER, ONLINE OR ON THE WEB, OR OTHERWISE, ARE UNACCEPTABLE TO MILLWOOD, ARE EXPRESSLY REJECTED BY MILLWOOD, AND SHALL NOT BECOME A PART OF THE CONTRACT BETWEEN THE PARTIES. USER ACKNOWLEDGES THAT MILLWOOD’S TERMS AND CONDITIONS OF SALE ARE INCORPORATED HEREIN AND MADE A PART OF THE CONTRACT, AND USER SHALL BE BOUND BY THE TERMS AND CONDITIONS. USER IS DEEMED TO HAVE REVIEWED AND ACCEPTED THE TERMS AND CONDITIONS UNLESS USER NOTIFIES MILLWOOD, IN WRITING TO THE CONTRARY. USER FURTHER AGREES THAT BY PLACING AN ORDER, USER HAS THE AUTHORITY AND POWER ON ITS OWN, OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF ANY OTHER PERSON OR ENTITY, AND AS SUCH, USER SHALL BE BOUND HEREBY.
Millwood reserves the right to cancel or refuse any order at any time without notice. Some situations that may result in the cancellation of an order may include, but are not limited to, limitations on quantities available for purchase, inaccuracies, errors in product or pricing information, or problems that are identified by our Marketing Department. Similarly, in some cases, we must contact you to obtain and verify additional information before accepting an order. If your order is canceled for any reason or additional information is required, Millwood will contact you by email and/or by telephone. Please be sure that you verify your contact information on the order as it must be valid to be accepted. If the contact information is fictitious or invalid, Millwood reserves the right to cancel an order. For user convenience, under most circumstances, credit card will be authorized for the amount of the sale when the order is ready to be picked in the warehouse. Your information will be verified for accuracy and the credit card will be charged in full at the time the order is shipped. If you decide to cancel an order that has an authorized payment status, our Billing Department will void this authorization.
SPECIAL ORDERS AND/OR NO CANCEL-NO RETURN ITEMS WILL REQUIRE FULL NON-REFUNDABLE PAYMENT BEFORE THE ORDER IS PLACED. UNDER NO CIRCUMSTANCES WILL THIS VALUE BE REFUNDABLE IN THE EVENT THAT THE ORDER DOES NOT SHIP DUE TO CUSTOMER CANCELLATION OR REFUSAL AT THE TIME OF DELIVERY.
INTERNATIONAL CUSTOMERS/NON-U.S. CUSTOMERS are responsible for understanding their country's international buying laws and should be aware that all international purchases are subject to additional brokerage, duty or tax fees that are collected at the time of delivery unless otherwise noted by Millwood. Millwood is not responsible for these charges as the company has no affiliation with tax systems set forth by countries outside the U.S.A. If the consignee/receiver refuses to pay these additional charges at the time of delivery, Millwood will instruct the shipping carrier to abandon the package. Abandoned packages are destroyed at the shipping warehouse of the local shipping carrier’s pick up facility. Millwood will not be held responsible for any abandoned packages due to these circumstances. Please read the additional provisions specifically applicable to International Users and Orders, see below.
This Site is controlled, operated, and administered by Millwood from our offices in the USA. If you access this Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site’s content accessed through Millwoodinc.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Please be advised that your country may impose duty fees, or other taxes based on the product origin and/or value. These fees and taxes are based on your country's import policy, and may be imposed in addition to the purchase price and shipping/handling fees collected by Millwood prior to shipment. All such fees and taxes are the sole responsibility of the recipient and any and all charges incurred by Millwood will be charged to the customer. Millwood is not responsible for such fees/taxes on returned items. If you are concerned about possible additional charges, please contact your local Import/Customs authority for more information. All charges, sales, returns, and exchanges will be calculated in US dollars. Millwood is not responsible for fluctuations in currency value.
Accuracy of Information and Typographical Errors
While Millwood strives to provide accurate product pricing and shipping information, pricing, typographical errors or inaccuracies may occur. Millwood does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. Millwood makes no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where the web site’s content is illegal is prohibited. All information, content and material comprising or made available on this Site serves informative purposes only and is not binding upon Millwood. Millwood recommends that users exercise their own skill and care with respect to their use of this Site and that users carefully evaluate the accuracy, currency, completeness and relevance of the material on the Site for their purposes. In certain cases, Millwood cannot confirm product and/or shipping pricing until after an order has been placed. In the event that a pricing, typographical error or inaccuracy exists with any product or service offered, Millwood reserves the right to cancel or refuse an order at any time without notice. In general, in most instances involving pricing, typographical error or inaccuracy, Millwood will contact you for further instructions or cancel your order with an email and/or telephone notification. Shipping price discrepancies may exist on any order regardless of size. If a shipping price discrepancy exists, Millwood will contact the purchaser by email and/or telephone in order to offer revised shipping options. Prices and availability are subject to change without notice.
Returns and Exchanges
Millwood only accepts returns received by Millwood within thirty (30) calendar days from the time the original order was shipped from Millwood’s facility or supplier. All returns must be authorized by a member of the Customer Service Department (CSD), who will provide a Authorization number specific to the return in question. The return form must be filled out entirely. If your return is not authorized by Millwood, Millwood will refuse your return and will assume no responsibility for receiving any packages.
All returns are subject to a fifteen percent (15%) restocking fee. Millwood may provide a store credit in lieu of a refund to the original payment method used by mutual agreement with the customer. This is to be authorized with Millwood when setting up the return. All products must be returned in new condition and in the original packaging that the products were shipped in, including any identifying stickers, manuals or manufacturer information. If the item was shipped in a sealed container, the item must be returned in the same sealed container without evidence of tampering. Millwood reserves the right to inspect all returned items, and may deny a return based on such inspection of the product(s). Millwood does not accept returns on special orders, commonly referred to as “No Cancel/No Return products,” see applicable provision in these Terms.
Any domestic orders that are returned to Millwood as refused by receiver or non-deliverable will be subject to a return handling fee and will be processed as a return in compliance with our standard return policy, including a fifteen percent (15%) restocking fee. Any international orders that are refused orreturned to Millwood may be subject to additional charges for shipping, handling, duties, fees and taxes. All international returns must be shipped with duties, fees and taxes prepaid by the sender. Millwood reserves the right to refuse delivery of packages that require payment of duties, fees and taxes that have not been prepaid by the sender.
All returns must be sent to after issuance of written authorization from Millwood to:
Attention: Customer Service Department
(Return Authorization Number)
3708 International Boulevard, Vienna, Ohio 44473.
Failure to follow the return process may result in the loss of your product, a delay of your refund and/or refusal of the package at the time of delivery. It is recommended that you save the tracking number for your return shipment in the event that the package is misplaced or lost, so that you may file a claim with the shipping carrier you have chosen.
Damaged/Missing Items in Shipment
If you have received a damaged item, you must notify the customer service Department within five (5) business days to initiate a damaged package claim. It is required that you keep all the packaging materials, box(es) and broken items until the shipping carrier completes the investigation.
If you are missing any items from your order, you must notify the customer service Department within five (5) business days of receiving the items. If you fail to report damaged and/or missing items in your shipment within five (5) business days of receiving the package, replacement items will not be shipped out under any circumstances.
Replacement orders will be placed pending the authorization provided by the shipping carrier you have selected on the original order. UPS typically requires up to eight (8) business days from the time the claim is started. USPS can require five (5) to ninety (90) business days, depending on the country. Please note that this is the policy of the shipping carrier and not Millwood’s. Millwood will only provide replacement products for damaged or missing items. Millwood will not provide refunds for any damaged or missing item under any circumstances. Millwood does not guarantee that any packages will be credited by the shipping carrier until the investigation process is complete. Millwood will not, under any circumstances, provide a lost package replacement part until the investigation process is complete. Customers who bypass our Damaged/Missing Items policy and purchase replacement products prior to the receipt of shipping claim confirmation agree and understand that a credit is not guaranteed until the shipping carrier’s investigation is complete.
If you do not receive your package and the tracking information shows that the package has been delivered, you must notify Millwood right away so that we can initiate a lost package tracer with the shipping carrier you have originally selected. Replacement products will not be sent until the shipping carrier completes the tracer request and grants permission for replacement product(s) to be shipped. UPS typically requires up to eight business days from the time the claim is started. USPS usually requires five (5) to ninety (90) business days, depending on the country. Please note that this is the policy of the shipping carrier and not Millwood’s. Millwood does not guarantee that any packages will be credited by the shipping carrier until this investigation process is complete.
Millwood will not, under any circumstances, provide a lost package replacement until the investigation process is complete. Customers who bypass our Lost Packages policy and purchase replacement products prior to the receipt of shipping claim confirmation agree and understand that a credit is not guaranteed until the shipping carrier’s investigation is complete.
Millwood will not provide refunds for any lost package(s) under any circumstances.
Ownership and Rights, including Copyrights and Intellectual Property
All content of the Site (including, without limitation, any computer source code, object code, HTML code or other code comprising this Site) is owned by or licensed to Millwood. The copyright in and to this Site and all content is owned by Millwood. Millwood retains and reserves all rights in and to this Site and all content. The reproduction, distribution, transmission, display or use of this Site and any content is prohibited without the prior written consent of Millwood.
Millwood grants you permission to display, copy, distribute, print and/or download the content on this Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result thereof. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the content, graphics, the Site or any related code or software. All content, graphics, code and software used on or incorporated into the Site, and the arrangement or integration of all such content, graphics, code and software are subject to copyrights held by or licensed to Millwoodinc.com, Inc., and all rights thereto are specifically reserved.
Millwood’s intellectual property may not be used in connection with any service or information that is not Millwood’s. Millwood intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages Millwood. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this Site are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. You may not mirror any content contained in this Site on any other web site or server.
Digital Millennium Copyright Act, Transmission of Third Party Content
You may not copy to, upload to, post to or otherwise distribute on, this Site anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution.
Any material for which permission has been granted to copy, upload, post or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof.
The unauthorized use, uploading, posting and/or distribution of content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.
MILLWOOD, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, ARE NOT LIABLE FOR DAMAGES RESULTING FROM ANY INFRINGEMENT RESULTING FROM YOUR ACTIONS INVOLVING COPYRIGHTED OR PROPRIETARY RIGHT PROTECTED MATERIAL.
Millwood pursuant to the Digital Millennium Copyright Act designates its Marketing Department to receive complaints and notices of suspected copyright infringement. If you believe that your work has been copied and is accessible on this Site in a way that constitutes infringement, you may notify Millwood by providing the Marketing Department the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located;
4. Your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Millwood Marketing Department can be reached via e-mail at email@example.com and by phone and regular mail at:
3078 International Boulevard
Vienna, Ohio 44473
Phone: (330) 393-4400
You are prohibited from copying to, uploading to, posting to or otherwise distributing on, this Site any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for Millwood, its shareholders, employees, agents, affiliates or any such similarly situated persons or entities.
Ownership of Third Party Content
Millwood may display Content supplied by visitors and other third parties on its web site. Millwood maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.
MILLWOOD, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILLIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
MILLWOOD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, (WHETHER EXPRESS OR IMPLIED) INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ANY CONTENT COMPRISING THIS SITE SUPPLIED BY THIRD PARTIES.
MILLWOOD SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS SITE SUPPLIED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS SITE SUPPLIED BY THIRD PARTIES.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MILLWOOD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MILLWOOD, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS SITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS SITE (COLLECTIVELY, THE SITE RELATED PARTIES) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SITE-RELATED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. FURTHER, THE SITE-RELATED PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. THE SITE-RELATED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MILLWOOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MILLWOOD DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MILLWOOD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MILLWOOD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, DETERIORIATION OR CORRUPTION OF FILES, DELETIONS OR CORRUPTIONS OF EMAIL, CONNECTION WITH YOUR USE OF, OR INABILITY TO USE THIS SITE, OR WHICH RESULT FROM ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, OR ANY OTHER CAUSE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE OR DISRUPTING COMPUTER CODE.
SOME STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE EXISTENCE OF THIS GENERAL DISCLAIMER OF WARRANTIES AND LIABILITIES SHALL NOT MAKE THIS ENTIRE AGREEMENT VOID AND THE TERMS OR PROVISIONS NOT ALLOWED BY STATE LAWS APPLICABLE TO YOU SHALL BE DEEMED SEVERABLE WITHOUT FURTHER IMPAIRMENT TO THESE TERMS.
Enforceability, Severability, and Governing Law
In the event any of these Terms or provisions of these Terms shall be held invalid, void, or for any reason unenforceable, that condition or provision shall be deemed severable. The validity and enforceability of the remaining Terms and provisions shall be unimpaired and the unenforceable Term or provision shall be replaced by such enforceable Term or provision as comes closest to the intention underlying the unenforceable Term or provision while complying with applicable law.
By accessing or using this Site for any purpose, the user acknowledges and agrees that this agreement and all transactions with Millwood are subject to the laws of the State of Ohio (without regard to principles of conflict of laws) and the federal law of the United States of America, regardless of where the user lives or works or where he or she accesses the Site. The user hereby acknowledges and agrees that any dispute or any action seeking legal or equitable relief that may arise between the user and Millwood will be governed by the laws of the State of Ohio and shall be subject to the jurisdiction of the local, state, or federal courts located in Trumbull County, Ohio, USA.
A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form during the normal course of business.
No agency, partnership, joint venture, or employment relationship is created as a result of these Termsand the user does not have any authority of any kind to bind Millwood in any respect.
I understand that by using this Site, I am subject to the terms and conditions set forth herein. Notwithstanding the foregoing, I accept and agree to be bound by all such terms and conditions.
You or Millwood may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place and charges that you incur prior to such termination. Millwood reserves the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
IF YOU DO NOT UNDERSTAND ANY OF THE FOREGOING TERMS OR IF YOU HAVE ANY QUESTIONS OR COMMENTS, PLEASE DO NOT HESITATE TO CALL THE Marketing DEPARTMENT TOLL FREE WITHIN THE U.S. AT (877) 891-9663, OR +1 (330) 393-4400 DURING NORMAL HOURS OF OPERATION (MONDAY-FRIDAY 8:30am-5:00pm).