Hancock Lumber

Terms of Use

Effective date – September 17, 2021

These Terms of Use (“Terms”) are entered into between You and Hancock Lumber (“Hancock,” the “Company,” “us”, “we”, or “our”) and govern your access to and use of https://www.hancocklumber.com website, including any content, functionality, and services offered on or through https://www.hancocklumber.com (the “Website”) .

Your access to our Website is subject to your unconditional acceptance of all of the terms and conditions contained herein and in all other operating rules and policies published by us and which we may modify or revise from time to time in our sole discretion and without notification to you, which modifications or revisions you hereby expressly agree to be bound to, including our Privacy Policy found at https://www.hancocklumber.com/privacy-policy/ and Terms of Sale found at [insert link], any other customer agreement or transaction materials that you sign or accept, and any other materials that may be published or otherwise made available to you from time to time by us (collectively, the “Agreement”). BY ACCESSING ANY AREA(S) OF THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE AGREEMENT. If you do not agree to any of these Terms or to any other portion of the Agreement, please do not use the Website.

This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company in your state of residence, are fully able and competent to enter into and accept the terms of the Agreement, including all policies and agreements incorporated therein, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18 (or legal age to form binding contract), you hereby expressly agree to be fully responsible for such child’s use of the Website, including all financial charges and legal liability that such child may incur.

  1. Intellectual Property
    The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Hancock grants you permission to view and use the Website, including any text, graphics, software, images, designs, icons, and all others materials contained on this Site (collectively, “Content”) in connection with your use of the Website only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Website is strictly prohibited. These Terms do not transfer from Us to You any of Our or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Hancock Lumber and its licensors. If you violate any of these Terms, your permission to access and use this Website and the Contents of the Website, automatically terminates and you must immediately cease all access to and use of this Site and the Content.

  1. Third Party Services

In using the Website, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”). If you use any Third Party Services, you understand that:
• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
• You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.

  1. Accounts
    Where use of any part of our Website requires an account, you agree to provide us with complete and accurate information when you register for an account. A single email address can be associated with an account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

  1. Termination

We may terminate or suspend your access to all or any part of our Website at any time, with or without cause, and with or without notice, effective immediately.

If you wish to terminate the agreement or your Hancock Lumber account, you may simply discontinue using our Website.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  1. Disclaimer; limitation of liability

OUR WEBSITE IS PROVIDED “AS IS” AND IS AVAILABLE ON AN “AS AVAILABLE” BASIS. HANCOCK LUMBER AND ITS SUPPLIERS AND LICENSORS CALL CENTERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NEITHER HANCOCK LUMBER, NOR ITS SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, REPRESENTATIVES AND LICENSORS, MAKE ANY WARRANTY THAT OUR WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED; OR THAT THE WEBSITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND THAT IF YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, OUR WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.
TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE WEBSITE IS HOSTED AND/OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION IS STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; AND/OR (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, OR OTHER ITEMS OF A HARMFUL NATURE,  WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY A THIRD PARTY. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. YOU AGREE THAT COMPANY AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE WEBSITE, THE INABILITY TO USE THE WEBSITE, OR ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED IN TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY AND/OR ITS SUBSIDIARIES AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Indemnification
    YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, ATTORNEYS, ASSIGNS, SUCCESSORS-IN-INTEREST, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, LICENSEES AND SUBLICENSEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) AND OTHER EXPENSES THAT ARISE OUT OF: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS; (2) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE WEBSITE.
  2. Online Purchases and Other Terms and Conditions
    All purchases through our Website or other transactions for the sale of goods or services, or information formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale https://www.hancocklumber.com/terms-and-conditions/ which are hereby expressly incorporated by reference into these Terms. You understand that the Terms of Sale, together with all other applicable policies and agreements including our Privacy Policy, all of which are expressly incorporated by reference into these Terms (including in the opening paragraphs thereto), form the Agreement (as defined herein) to which you agree to be bound.
  3. Information About You and Your Visits to the Website
    All information we collect on this Website is subject to our Privacy Policy https://www.hancocklumber.com/privacy-policy/ which is hereby expressly incorporated by reference into these Terms. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  4. Prohibited Uses
    You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way described below, the determination of which is in our sole discretion:
    • In any way that violates, or may violate, any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or which otherwise is fraudulent in nature.
    • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits, or may restrict or inhibit, anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, harms or may harm the Company or users of the Website, or which may expose them to liability.
    Additionally, you agree not to do any of the following acts or otherwise perform any act or omission which is consistent with any of the following acts, as determined by us in our sole discretion:
    • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
    • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Website.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Website or otherwise perform any act or omission which we determine in our sole discretion so interferes with the Website.
  5. Links from the Website
    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  6. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, all matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) including any dispute or claim arising out of or related to the Agreement (of which these Terms form a part), shall be governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine or any other jurisdiction).

The proper venue for any claims or disputes arising out of or relating to these Terms or the Website, including any dispute or claim arising out of or related to the Agreement (of which these Terms form a part), will be the state and federal courts located in Cumberland County, Maine, United States.

  1. Arbitration
    At the Company’s sole discretion, it may require you to submit any claims or disputes arising out of or relating to these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and including any dispute or claim arising out of or related to the Agreement (of which these Terms form a part) to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maine law.
  2. Waiver and Severability
    No waiver by the Company of any term or condition set out in these Terms, or as otherwise set forth in the Agreement, shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and/or under the Agreement shall not constitute a waiver of such right or provision.
    If any provision of these Terms, or any provision set forth in the Agreement, is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and/or the Agreement will continue in full force and effect.
  3. Entire Agreement
    These Terms, our Privacy Policy, our Terms of Sale, and all other operating rules and policies published by us and which we may modify or revise from time to time in our sole discretion and without notification to you, which modifications and revisions you hereby expressly accept, including without limitation any other customer agreement or transaction materials that you sign or accept (all of which are expressly incorporated by reference herein and referred to collectively throughout these Terms as the “Agreement”) constitute the sole and entire agreement between You and Hancock Lumber regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
  4. Changes

Hancock Lumber reserves the right, at our sole discretion, to modify or revise these Terms at any time. If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication describing in general terms the nature of the material changes. If you disagree with our changes, then you should stop using our Website. Your continued use of our Website will be subject to the new, modified, or revised Terms upon their publication to the Website. You should make every effort to periodically return to this Website to review the then-current version of these Terms to review any such changes.