Amerhart, Limited, and its corporate affiliates (“Amerhart”) welcome you. Since 1940 we’ve been a preferred supplier of leading brands of building materials for lumber yards, home centers, big box retailers, cabinet shops, store fixture manufacturers, and a variety of other channel partners in the Midwestern United States.
Eligibility. This Website is not directed to children under the age of 13, and it is our policy not to collect personal information on any person under the age of 13. By using this Website, you represent and warrant that you are at least 13 years old.
Uses. You may use the Website only for lawful purposes and in accordance with these Terms. You understand that this Website is available for your personal, non-commercial use only. Any other use is strictly prohibited.
You agree not to use this Website:
- In any way that violates any applicable federal, state, local or international law, rules or regulations (including, without limitation, laws relating to the sending of advertising or promotional material or commercial electronic messages such as but not limited to "junk mail," "spam," "chain letters," or any similar solicitations);
- In any manner that might interfere with, abuse or otherwise violate the legal rights of any third parties;
- To collect, intercept or harvest screen names, or collect, intercept or store personal data about other users;
- To provide access to the Website to someone who is not authorized or allowed to access it;
- To upload, post, e-mail, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable at our sole discretion;
- To upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit or communicate or which infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party; or
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Amerhart, may harm Amerhart, its corporate affiliates, or other users of this Website.
In addition, you agree not to:
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose;
- Use any manual process to monitor or copy any of the material on the Website;
- Use any device, software or routine that interferes with the proper working of the Website;
- Violate or attempt to violate the security of this Website, including without limitation (a) accessing data that is not intended for your use, (b) logging on to a server or account that you are not authorized to access, (c) probing, scanning or testing the vulnerability of any system or network related in any way to this Website without proper authorization, (d) breaching security or authentication measures without proper authorization, or (e) otherwise gain or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is located, or any server, computer or database connected to the Website;
- Introduce to the Website any viruses, Trojan horses, worms, logic bombs or other computer code, files, programs or material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or which is otherwise malicious or technologically harmful;
- Otherwise attempt to interfere with the proper working of the Website.
Accounts and Security. You acknowledge that that no commerce solution, interactive service, website, app, database or system (including this Website) is completely secure or "hacker proof," and Amerhart cannot anticipate all potential misuse of systems or data. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, or portions of it, using your user name, password or other security information. You agree to notify Amerhart immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. We have the right to disable any user name, password or other identifier (whether chosen by you or provided by Amerhart) and/or delete any account information held by Amerhart, at any time in our sole discretion for any or no reason, including if, in Amerhart’s opinion, you have violated any provision of these Terms.
Ownership and Copyright. This Website and its entire contents, features and functionality (including but not limited to all information, software, text, fonts, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Amerhart or its partners, affiliates, licensors, contributors 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 and treaties. Except as otherwise set forth in these Terms, no right, title or interest in or to any information or content on this Website is transferred to you.
If you believe that any content, information or other material on this Website violates your copyright, please see our Notice and Procedure for Making Claims of Copyright Infringement for instructions on sending us a notice of copyright infringement.
Trademarks. Amerhart, the Amerhart logo, and all related names, logos, product and service names, designs and slogans are trademarks of Amerhart or its affiliates or licensors. Nothing in these Terms grants any license to you to use Amerhart’s name or trademarks in any manner, and you must not use such marks without Amerhart’s express prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Limitations. If you access or use this Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries and any other information, materials, or products you obtain through the Website.
Availability. Our goal is for this Website to be available 24 hours a day, 7 days a week. However, there will be occasions when access to this Website will be interrupted for maintenance, upgrades, or other reasons, including reasons beyond our control. The features of, and content accessible through, this Website may be changed, suspended, retired, interrupted, or otherwise modified at any time without notice. Amerhart is not liable if for any reason all or any part of this Website is unavailable at any time or for any period. Amerhart makes no representation that this Website is appropriate for use, or will be available for use, in all geographic locations.
Disclaimer. The materials on this Website are provided "as is." Amerhart makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Amerhart does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Website or otherwise relating to such materials or on any sites linked to this site.
AMERHART DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS PROPERTY, ANY MATERIALS OBTAINED THROUGH IT, OR ON ANY WEBSITE LINKED TO IT, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY MATERIALS AND LINKS.
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMERHART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER AMERHART NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS PROPERTY. WITHOUT LIMITING THE FOREGOING, AMERAHRT DOES NOT WARRANT THAT THIS WEBSITE AND ANY CONTENT AND MATERIALS AVAILABLE ON OR THROUGH IT WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, SECURE OR ERROR-FREE, THAT ANY ERRORS OR DEFECTS IN THEM WILL BE CORRECTED, THAT OUR PROPERTIES AND THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE AND ANY CONTENT AND MATERIALS AVAILABLE ON OR THROUGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. AMERHART DOES NOT REPRESENT OR WARRANT THAT ANY OR ALL OF THE CONTENT APPEARING ON THIS SITE IS LEGAL IN YOUR COUNTRY OR JURISDICTION, AND YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LOCAL AND NATIONAL LAWS AND REGULATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.
Limitation of Liability. YOUR USE OF THIS WEBSITE AND ANY MATERIAL OBTAINED THROUGH IT IS AT YOUR OWN RISK. NEITHER Amerhart NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICES OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH THIS PROPERTY, WILL BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY WEBSITES LINKED TO IT, OR ANY CONTENT, MATERIALS, SERVICES OR ITEMS OBTAINED THROUGH THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR DESCRIPTION, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, AMERHART’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100 IN THE AGGREGATE.
THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.
Indemnification. You understand and agree that you are personally responsible for your conduct on this Website. You agree to indemnify and hold harmless Amerhart, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and third-party information providers from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages and reasonable attorneys' fees) resulting from, arising out or relating to your use, misuse, or inability to use this Website, or any violation by you of these Terms or any other agreement between you and us.
Agreement to Arbitrate. You agree that any claim or dispute with or against us, whether related to this agreement or otherwise, and any claim or dispute related to these Terms, this Website or any content, information or materials accessible on it shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement to arbitrate in this Section. If the value of the relief sought is $10,000 or less, either you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us (subject to the arbitrator's discretion to require an in-person hearing based on the circumstances). Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. Any in-person arbitration shall be conducted at a location in the Green Bay, Wisconsin, metropolitan area determined by the AAA pursuant to its rules and shall be conducted in English. This Agreement to Arbitrate shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, and shall not apply to (i) a claim relating to the enforcement or validity of intellectual property rights; (ii) a claim relating to an allegation of theft, piracy, or unauthorized use; or (iii) a claim for injunctive relief.
You and Amerhart both agree that (a) each of us can only bring claims against the other on an individual basis and there shall be no authority for any claims to be arbitrated on a class or representative basis; (b) arbitration can decide only your and/or our individual claims, and the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s); and (c) the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
You agree further that: (a) the arbitrator shall apply Wisconsin law consistent with the Federal Arbitration Act and applicable statutes of limitations, including principles of equity, and shall honor claims of privilege recognized at law; (b) the arbitrator shall not be bound by rulings in prior arbitrations involving us, but is bound by rulings in prior arbitrations involving both you and us to the extent required by applicable law; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (d) any arbitrator award may be entered as a judgment in any court of competent jurisdiction. This provision may be void, inapplicable, and unenforceable within the state of New Jersey.
Modifications. Amerhart may revise or update these Terms from time to time and without notice. Changes to these Terms will become effective when posted and will apply to all access and use of this Website as of the effective date. You should check this page from time to time so you are aware of any changes, as they are binding on you.
Waiver; Severability. No waiver of any provision or breach of these Terms shall be effective unless made in writing or shall operate as or be construed to be a continuing waiver of such provision or breach. In the event any portion of these Terms is held to be invalid or unenforceable, such portion shall be construed as nearly as possible to reflect the original intent of the parties, or if such construction cannot be made, such provision or portion thereof shall be severable from these Terms, provided that the same shall not affect in any respect whatsoever the remainder of these Terms, except that if any portion of the second paragraph of the Agreement to Arbitrate section is found to be invalid, unenforceable or illegal, then the entirety of this Agreement to Arbitrate shall be null and void, and neither you nor we shall be entitled to arbitrate their dispute.
Questions or Comments. If you have any questions or comments related to these Terms or this Website, please contact us at 1-800-236-2211 or [email protected].
Last updated: December 2019