Terms of service

Terms and Conditions for the Use of Our Website and the Online Sale of Goods

THIS PAGE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS) TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS (OR CLASS ACTIONS).  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR STATE, COUNTRY, OR JURISDICTION, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products through themillworkoutlet.com, and any internal links found on said website (but excluding any external links to websites operated by third-parties) (the "Site"). These Terms are subject to change by AMERICAN MILLWORK, LLC d/b/a The Millwork Outlet (“The Millwork Outlet”) (referred to herein as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

The Site is hosted by Shopify Inc (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products to you.

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. Acceptance of your order and the formation of the contract of sale between The Millwork Outlet and you will not take place unless and until you have received written confirmation from the Millwork Outlet that it has accepted your order. You have the option to cancel your order at any time before we have sent your written order confirmation by promptly calling our Customer Service Department at (574) 635-5494, or by emailing sales@themillworkoutlet.com.

2. Prices and Payment Terms.
a. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices may not include taxes or charges for shipping and handling. All such taxes and charges for shipping and handling will be added to your merchandise total.

b. Notwithstanding anything in these Terms which could be read or interpreted to the contrary, we are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Without limiting the foregoing, occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice, including after you have submitted your order. We undertake no obligation to update, amend or clarify information on the Site, unless otherwise required by law.

c. We reserve the right to modify prices, or to suspend or discontinue the sale of any products, without notice at any time. We shall not be liable to you, or to any third-party, for any price modification, or for any suspension or discontinuance of the sale of any products.

d. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. If payment is made by an accepted and approved credit or debit card, you represent and warrant that (i) the credit or debit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit or debit card for the purchase, (iii) charges incurred by you will be honored by your credit or debit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping and handling, if any. If payment is not made by credit or debit card and is instead made by any other method acceptable to us, you represent and warrant that (i) the payment information you supply us is true, correct, and complete, (ii) you are authorized to make payment through the method selected for the purchase, (iii) charges incurred by you will be honored, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping and handling, if any.

e. You understand that any communications provided to us (with the exception of credit card information which is always encrypted during transfer over networks), may be transferred unencrypted and involve: (i) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

f. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without our express written permission.

3. Shipments; Delivery; Title and Risk of Loss.

a. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process.

b. Title and risk of loss pass to you upon our transfer of the products to the carrier. Any shipping and delivery dates provided to you are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

4. Limitation of Orders and Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

We reserve the right to refuse service to any person for any legally-permissible reason at any time.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on the Site is void where prohibited by law.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5. Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days from the date of shipment, and provided such products are returned in their original condition. Any products that have been cut or altered, in any manner whatsoever, are not eligible for a refund. Products that are not returned in their original condition are not eligible for a refund. No partial refunds for products which are ineligible for a refund shall be provided. To return products, you must email sales@themillworkoutlet.com to obtain a return authorization approval. No returns of any type will be accepted without first emailing sales@themillworkoutlet.com and obtaining a return authorization approval.  Please note, however, that a return authorization approval does not guarantee that we will issue you a refund.  Refund determinations are made at the time the returned products are received by us and we determine that said products have been returned in their original condition.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.  All returns may be subject to a 3.0% restocking fee.

Refunds are processed within approximately 7 business days of our receipt of the unaltered merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

If your product arrives to you damaged or broken, please take a picture of the damaged or broken product, along with the details of your order, to sales@themillworkoutlet.com.  If the product is unusable, we will promptly ship a replacement product to you at no charge, provided that you first return the damaged or broken product. 

6. LIMITED WARRANTY

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE. 

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS.

HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT THE MAJORITY OF THE PRODUCTS FOR SALE ON THE SITE ARE WOOD PRODUCTS.  WOOD IS AN ORGANIC MATERIAL THAT GROWS NATURALLY IN OUR WORLD.  ACCORDINGLY, THE WOOD THAT YOU PURCHASE MAY HAVE NATURALLY-OCCURING BLEMISHES, DISCOLORATION, KNOTS, MINOR WARPING, MINOR CRACKS, AND OTHER IMPERFECTIONS. THESE MINOR IMPERFECTIONS SHALL NOT BE DEEMED A DEFECT IN MATERIALS FOR PURPOSES OF THIS LIMITED WARRANTY.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

a. Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product.

b. What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials in products purchased from the Site.

c. What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

    1. transportation;
    2. storage;
    3. improper use;
    4. improper installation;
    5. failure to follow the product instructions or to perform any preventive maintenance;
    6. modifications;
    7. combination or use with any products, materials, processes, systems or other matters not provided or authorized in writing by The Millwork Outlet;
    8. unauthorized repair;
    9. normal wear and tear; or
    10. external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

d. What is the Period of Coverage

Unless otherwise expressly required by law, the limited warranty shall start on the date that your products are shipped by us to you, and shall last for ninety 90 days (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

In the event the law of an applicable jurisdiction expressly requires that we provide a warranty to you that lasts longer than 90 days, then our warranty shall be limited to the shortest duration permitted by applicable law.

e. What Are Your Remedies Under This Warranty

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge, or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you.

f. How Do You Obtain Warranty Service

To obtain warranty service, you must email our Customer Service Department at sales@themillworkoutlet.com during the Warranty Period. Such email should include any pictures or other evidence that the product(s) received by your are defective.

g. Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, OR BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN SUCH STATES, OUR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

h. What can you do in case of a dispute with us?

The informal dispute resolution procedure detailed in Section 16 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

7. Limitation of Liability for Use of the Site.

We do not guarantee, represent, or warrant that your use of the Site will be uninterrupted, timely, secure or error free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.  You acknowledge that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, and for any reason, without notice to you.

We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.  In the event you seek to return a product because the color of the product displayed on your monitor does not precisely match the color of the product received, the shipped product will not be eligible for a refund.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. In no case shall The Millwork Outlet, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, or for any other claim related in any way to your use of the Site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content posted, transmitted, or otherwise made available via the Site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

8. Intellectual Property. You acknowledge and agree that The Millwork Outlet is, and will remain, the sole and exclusive owner of all applicable intellectual property rights in and to each product made available on this Site, if applicable, and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not, and will not, have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.

9. Third-Party Services.To the extent we rely on third-party services (for example, credit card processing services), or provide you with access to third-party tools over which we neither monitor nor have control or input, you acknowledge that: (i) The Millwork Outlet shall not be liable or responsible for your use of such third-party services or tools; and (ii) that the Millwork Outlet has no control or input into such third-party services or tools. Without limiting the foregoing, you acknowledge and agree that we may provide access to such third-party services and tools “as is” and “as available” without any warranties, representations, conditions, or endorsements of any kind.  We shall have no liability whatsoever arising from or relating to your use of third-party tools and services.  Any use by you of tools and services offered by third-parties through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools and services are provided by the relevant third-party provider(s).  You further acknowledge that, in the future, we may offer new third-party services or tools through the Site.  Such new third-party services or tools shall also be subject to these Terms.

10. Third-Party Links. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to us.

11. Indemnification. You agree to indemnify, defend and hold harmless The Millwork Outlet and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents the Terms incorporate by reference, or your violation of any law or the rights of a third-party.

12. User Comments, Feedback and Other Submissions. If you send certain submissions to us, including without limitation, creative ideas, suggestions, proposals, plans, feedback, or any other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time and at our sole discretion, and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you provide to us. We are and shall be under no obligation to: (1) maintain any Comments in confidence, (2) pay compensation for any Comments (regardless of whether we implement, follow, or utilize any suggestions contained in the Comments), or (3) respond to any Comments. In addition, we may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable (in our sole discretion) or violates any party’s intellectual property or these Terms. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments that you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or by any third-party.

13. Privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. A copy of our Privacy Policy may be viewed here: https://themillworkoutlet.com/policies/privacy-policy.

14. Force Majeure. We shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the our control or reasonable control, including, without limitation, the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquakes, tornados, epidemics, pandemics (including, without limitation, medical pandemics), or other potential disasters or catastrophes; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond our reasonable control.  In the event a Force Majeure Event makes it impossible or impracticable for us to ship a product to you within 45 days of the date of your purchase, then you shall be entitled to a refund upon request.  If no request for a refund is received, the product(s) will be shipped to you as soon as reasonably practicable.

15. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana.

16. Dispute Resolution and Binding Arbitration.

a. YOU AND THE MILLWORK OUTLET ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY, WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS, BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

b. The arbitration will be administered by an arbitrator who is an attorney licensed in the State of Indiana, and recognized as an arbitrator by the National Academy of Distinguished Neutrals (“NADN”), in accordance with the policies of the NADN then in effect, except as modified by this Section 16.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

c. You may elect to pursue your claim in small-claims court in Elkhart County, Indiana rather than arbitration if you provide us with written notice of your intention do so within 60 days of the date of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

d. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE MILLWORK OUTLET WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

e. If any provision of this arbitration provision is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

17. Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 17 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

18. No Waivers. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of The Millwork Outlet.

19. No Third-Party Beneficiaries. These Terms do not, and are not intended to, confer any rights or remedies upon any person other than you. Accordingly, you agree that these Terms shall not apply to any third-party beneficiaries.

20. Prohibited Uses. In addition to the other prohibitions set forth in these Terms, you are prohibited from using the Site, or any content on the Site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, libel, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other legally-recognized protected class or characteristic; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

21. Notices.

a. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to frequently check the Site and to keep your email address current.

b. To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to American Millwork, LLC, 4840 Beck Drive, Elkhart, IN 46516, or (ii) via email with delivery confirmation to sales@themillworkoutlet.com. Notices provided by personal delivery will be effective immediately upon our receipt of said notice. Notices provided by overnight courier, or registered or certified mail, shall be effective two business days after they are received by us.  Notices provided by email transmission (with delivery confirmation) shall be effective three business days after the email is received by us.

22. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

23. Updates to Terms. You can review the most current version of the Terms at any time by visiting this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Terms. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Site (including, but not limited to, your purchase of any of our products) following the posting of any changes to these Terms constitutes acceptance of those changes. Questions about these Terms may be sent to us via email at sales@themillworkoutlet.com.

24. Headings The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

25. Entire Agreement. These Terms, and the Privacy Policy incorporated by reference in Section 13 above, shall be deemed the final, entire, and integrated agreement and understanding between you and us on the matters contained in these Terms, and shall supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.