Hancock Lumber

Terms of Use

Effective date – July 19, 2023

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 our website, www.hancocklumber.com, including any content, functionality, and services offered on or through www.hancocklumber.com (the “Website”).

Access to and use of the Website is subject to your unconditional acceptance of all the terms and conditions contained herein and in all other operating rules and policies published by Hancock; all of which we may modify or revise from time to time at our sole discretion and without notification to you and by which you agree to be bound. Further, you hereby expressly agree to be bound by our Privacy Policy, our Terms and Conditions of Sale, any other customer agreement or transaction materials that you may sign or accept, and any other materials that may be published or otherwise made available to you by Hancock from time to time (collectively, the “Agreement”). BY ACCESSING ANY AREA(S) OF THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE AGREEMENT, INCLUDING THESE TERMS. 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 enter into 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 that you meet all of the foregoing eligibility requirements. If you do not meet all such 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 enter into a 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.

Intellectual Property
The Website and its entire contents, features, and functions (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 other materials contained on the Website (collectively, “Content”) only in connection with your use of the Website. All other uses, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the Content or the Website is strictly prohibited. No right, title, or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company or our third-party licensors of intellectual property. If you violate any of these Terms, your permission to access and use the Website and its Contents will automatically terminate and you must immediately cease all access to and use of the Website and any Content.

Third Party Services
In using our Website, you may also encounter and use third-party services, products, software, embeds, or applications (“Third-Party Services”). If you use any Third Party Services such as Renoworks, you understand that:

  • Any use of a Third-Party Service is at your own risk, and Hancock shall not be responsible or liable to anyone for Third-Party Services or their websites.
  • You acknowledge and agree that Hancock shall not be responsible or liable for any damage or loss caused or alleged to have been caused by or in connection with the use of any content, goods, or services available on or through any Third-Party Services or web sites.

Accounts
In instances where an account is required to use of a part of the Website, you agree to provide us with complete and accurate information when registering for such 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 updated and for keeping your password secure. You are responsible for maintaining the security of the account that you use to access the Website and Hancock’s products and services. You agree not to share or misuse your access credentials. You agree to notify us immediately of any unauthorized access to or use of your account or any similar security breach.

Termination
We may immediately terminate or suspend your access to all or part of the Website at any time, with or without cause or notice. If you wish to terminate the Agreement and/or your Hancock Lumber account, you should discontinue using our Website. All provisions of these Terms, which by their nature should survive termination, shall survive such termination, including, without limitation, sections concerning intellectual property, ownership, warranty disclaimers, indemnities, and limitations of liability.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
OUR WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HANCOCK LUMBER AND ITS SUPPLIERS, 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, OR LICENSORS, MAKE ANY WARRANTY THAT THE 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 WEBSITE IS HOSTED ARE FREE OF VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND THAT IF YOU DOWNLOAD 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 THE 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. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE. YOU AGREE THAT THE 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 OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR A BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE. THE FOREGOING DISCLAIMER INCLUDES DELAYS IN BEING ABLE TO USE THE WEBSITE, THE INABILITY TO USE THE WEBSITE, 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.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE 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; OR (2) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE WEBSITE.

Online Purchases and Other Terms and Conditions
All purchases made through our Website, or other transactions related to the sale of our products or services, or information formed through the Website or resulting from visits made by you, are governed by our Terms and Conditions of Sale, which are hereby expressly incorporated by reference into these Terms. You understand that the Terms and Conditions 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.

Information About You and Your Visits to the Website
All information we collect on this Website is subject to our 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 personal information, in compliance with the Privacy Policy.

Prohibited Uses
You may only use the Website for lawful purposes and in accordance with these Terms. You agree not to use the Website in any manner described below, the determination of which is at Hancock’s sole discretion:

  • In any manner 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 United States or other countries), or which is otherwise fraudulent in nature.
  • To impersonate or attempt to impersonate the Company, Company employees, other Website users, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing) that is not yourself.
  • To engage in conduct that restricts or inhibits, or may restrict or inhibit, another user’s use or enjoyment of the Website, or which, as determined by Hancock at its 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 engage in any of the following acts, or otherwise perform any act or omission that is consistent with any of the following acts, as determined by Hancock at its sole discretion:
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website, including such user’s 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 Website’s Content.
  • Use any manual process to monitor or copy any of the Website’s Content, 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 operation of the Website.
  • Introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website or the Company.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is hosted, 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.
  • Attempt to interfere with the proper operation of the Website or otherwise perform any act or omission that we may determine at our sole discretion, interferes with the Website.

Links from the Website
The Website may feature advertisements and sponsored links that direct users to external websites operated by third parties. Such links are provided for your convenience only. Hancock has no control over the contents of these third-party websites and is not responsible for any loss or damage that may arise from your use of such third-party websites. If you decide to access any third-party websites linked in this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Jurisdiction and Applicable Law
Except to the extent that 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.

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 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.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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.

Entire Agreement
These Terms, our Privacy Policy, our Terms and Conditions of Sale, and all other operating rules and policies published by us (which we may modify or revise from time to time at 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.

Changes
Hancock Lumber reserves the right, at our sole discretion, to modify or revise these Terms at any time. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. 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.