a. GENERAL PROVISIONS

Carter Lumber Company considers personal information, such as your name, postal and email addresses or telephone number, to be private and confidential. Accordingly, the personal information you provide is stored in a secure location, is accessible only by designated staff or authorized agents, and is used only to market our products or better serve our customers. Except as otherwise provided in these terms and conditions of use, Carter Lumber will not disclose any personal information to other organizations.

If you are concerned about the information you have provided to us, or would like to review, update or delete that information, please contact us at Customer Service. We will make reasonable efforts to comply with your wishes.

If you do not wish to receive marketing or promotional materials from us, please send an email to Customer Service with the words “remove from marketing lists” in the subject line and retype the email address to be removed in the text of the email for verification purposes. Carter Lumber employs reasonable security measures to protect the personal information you submit to us, once it is received.

b. INFORMATION COLLECTION

When you browse this Carter Lumber website, you may do so anonymously. Personal information is collected on a voluntary basis. Some areas of the website may request that you voluntarily supply us with personal information, including your name, email address, et cetera, for purposes such as correspondence, site registration, making a purchase, or participating in on-line surveys. Carter Lumber may also retain electronic communications you send to our customer service representatives, web master or other associates. These may be shared only within Carter Lumber as a means to continually improve customer service.

Carter Lumber tracks information about the visits to its website and pages. For example, statistics are compiled that show the daily number of visitors to a site, the daily requests received for particular files on a site, and what countries those requests come from. These aggregated statistics are used to customize our website to better meet your needs and may also be provided to others, but the statistics contain no personal information and will not be used to gather such information.

There is a technology called cookies which can be used to provide you with tailored information from a website. A cookie is an element of data that a website can send to your browser, which may then be stored on your system. This website may use cookies so that we can better serve site users. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.

c. INFORMATION USE

Carter Lumber may use the information you give us in order to better serve our customers. Such use shall include, but is not limited to, providing a service, measuring customer interests in our various products and services and informing users about new products, services and programs.

This information may be used on information provided in surveys, information that may indicate purchasing preferences or emails sent to the Carter Lumber website. Any lists used to send you product and service offers are developed and managed under strict conditions designed to safeguard the security and privacy of customer personal information. Carter Lumber will use reasonable efforts to address all requests to remove, modify, alter or change any information on any postal mail or email lists upon your request.

d. DISCLOSURE

Because Carter Lumber considers the individual information we maintain to be confidential, our policy is to disclose no personal information gathered on-line to third parties unless release is required by law or as pertinent to judicial or government investigations or proceedings. Carter Lumber does not sell, rent, distribute, display or transmit personal information to other organizations.

If you are a California resident and a Carter Lumber customer, you are nevertheless entitled to request and receive the following information:

1. the categories of information Carter Lumber disclosed to third parties for the third party’s direct marketing purposes during the preceding calendar year;
2. the names and addresses of third parties that receive such information; and
3. if the nature of the third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed.

You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. Carter Lumber’s designated e-mail address for such requests is website@carterlumber.com.

e. SECURITY

Carter Lumber places the utmost importance on protecting information transmitted via this website and will take security precautions to protect all such information and its transmission to this website and its storage and use with the website. However, while Carter Lumber will take measures to secure and protect from loss, misuse and alteration any information transmitted by you with this website, Carter Lumber does not guaranty or warrant that any use of this website is totally secure.

f. CHILDREN

If you are under the age of thirteen, do not use this website. This website is not designed to target or collect information from children under the age of thirteen. Pursuant to the Children’s Online Privacy Protection Act, if you are a parent or legal guardian and believe your child is accessing our site, contact us immediately. If we discover on our own that a child has accessed this website, we will delete any gathered information, will not use the information for any purpose, and will not disclose such information to third parties.

g. EMAIL POLICY

In compliance with the federal CAN-SPAM Act, if you do not wish to receive marketing or promotional materials from us, please send an email to customer service with the words “remove from marketing lists” in the subject line and retype the email address to be removed in the text of the email for verification purposes.

h. OTHER WEBSITES

The Carter Lumber website may contain links to other websites not owned or controlled by Carter Lumber. Carter Lumber makes every effort to link only to sites that share our high standards and respect for privacy. However, we have no control and are not responsible for the content,reliability, or the privacy practices employed by other sites. By inclusion in this website, Carter Lumber does not endorse, recommend, sponsor or warrant any contest, products or services or other information on such site. No other site may link to this website without the express written consent of Carter Lumber.

1. AGREEMENT

Welcome to the Carter Lumber Website. This page states the terms and conditions under which you, the website visitor (You) agree to use this website, which is owned by Carter Lumber. Please read this Agreement carefully. THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER LIMITATIONS OF LIABILITY FROM CARTER LUMBER TO YOU. PLEASE READ THIS PAGE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, AND AGREE NOT TO USE THIS WEBSITE IN ANY UNLAWFUL MANNER OR AS PROHIBITED UNDER THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

2. CHANGES TO THE AGREEMENT

Carter Lumber reserves the right, at its sole discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Please check this page periodically for changes. Your continued use of this site following the posting of changes to these terms will mean that you accept those changes.

3. PRIVACY POLICY

See our Privacy Policy

4. COPYRIGHTS

Copyright 2012 Carter Lumber, Kent, Ohio, U.S.A., all rights reserved. The text, images, graphics, sound files, animation files, video files and their arrangements and any other material displayed on Carter Lumber’s website are all subject to the ownership rights of Carter Lumber and/or any copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be printed, copied, reproduced, distributed, transmitted, stored, displayed, modified or posted to any other site. This Carter Lumber website also contains images that are subject to copyrights of third parties, who may or may not be affiliated with Carter Lumber.

5. USE OF SITE MATERIAL

The contents of this website, such as text, graphics, images and other content (the site material) are subject to the ownership rights of Carter Lumber and are protected by copyright under both United States and foreign laws. Carter Lumber authorizes you to view and download a single copy of the site material for your personal, noncommercial use, subject to your compliance with the provisions of these terms and conditions of use. Any unauthorized use of this site material may violate copyright, trademark and other applicable laws. You agree to retain all copyright and other proprietary notices contained in the original site material on any copy you make of the site material. You may not sell or modify our site material or reproduce, display, distribute, transmit, license, or otherwise use the site material in any way. Use of the site material on any other website or in a network environment is prohibited, without the express written consent of Carter Lumber. The products and services contained in the site material are available through the local Carter Lumber retail stores.

6. TRADEMARKS

The names, marks and logos appearing on the site material are, unless otherwise noted, trademarks owned by or licensed to Carter Lumber or a third party. Any unauthorized or unlawful use of these marks including, but not limited to, the use on another website as part of a link, except as provided in these terms and conditions of use, is strictly prohibited. From time to time, Carter Lumber makes fair use in this website of trademarks owned and used by third parties. Any such marks are clearly noted, and Carter Lumber makes no claim to ownership of those marks.

7. NOTICE AND PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS

If you believe your copyrights are infringed upon by our website, please provide Carter Lumber with a written notice that contains 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 upon;
3. a description of where the material that you claim is infringing is located on our site;
4. your address, telephone number and email 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, and the law; and
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 authorized to act on the copyright owner’s behalf.

We will only respond to those notices that substantially comply with the above requirements. We will notify you of the results of our investigation of your claim by the method of contact you use to file your notice with us. Your claim should be sent to our Corporate Office.

8. USER SUBMISSIONS

Carter Lumber welcomes your comments on our website, products and services. However, you acknowledge that if you send us photographs, videos, creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the information), the information shall be deemed and shall remain Carter Lumber’s property. By submission of any information to us, except as otherwise provided herein, you assign to us and we shall exclusively own all known or hereafter existing rights to such information of every kind and nature globally and shall be entitled to unrestricted use of the information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information or any other person or entity and without restriction to treat the information as confidential. As a user of this website, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to use material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another use or any other person or entity; send sexually explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; impersonate another person; or transmit any other information that may be unlawful. By submitting information to this website, you represent and warrant that you have any and all rights to transfer and assign the information to Carter Lumber and Carter Lumber is free to use such information without restriction and as provided in these terms and conditions of use.

9. TERMINATION

Carter Lumber reserves the right to expel users and prevent their further access to this website for violating these terms or the law and reserves the right to remove any communications from this web site. The violation of any of the terms and conditions set forth on this legal terms and conditions page shall result in the immediate revocation of your license to use the site material and obligate you to immediately destroy any copies of the site material in your possession.

10. SURVEYS AND CONTESTS

From time to time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level, etc.) Contact information will be used only to notify the winners and award prizes. Survey information will be used to monitor or improve the use and satisfaction of this site.

11. DISCLAIMER OF DAMAGES

Any information provided on this website is subject to change without notice. While reasonable efforts have been made to make this website helpful and accurate, Carter Lumber cannot warrant that all site material is error free, or up to date. You hereby assume all risks associated with the use of this website and should not rely upon any site material for any whatsoever. In no event shall Carter Lumber, its affiliates, or any third parties mentioned on the website be liable for any damages whatsoever (including, without limitation, incidental, consequential or punitive damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use material on this website or sites linked to this website, whether based on warranty, contract, tort, or any other legal theory whether or not Carter Lumber is advised of the possibility of such damages. ALL SITE MATERIALS ARE "AS-IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED. CARTER LUMBER DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARTER LUMBER DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL OR DAMAGING COMPONENTS. CARTER LUMBER DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR ABILITY TO USE THIS SITE. YOU AGREE THAT YOU WILL BE LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THIS WEBSITE.

12. INDEMNITY

By using this website, you agree to defend, indemnify, and hold harmless Carter Lumber, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Carter Lumber may become obligated to pay arising or resulting from your use of the site.

13. DISPUTE RESOLUTION

By using this website, you agree that any and all disputes arising out of the use of this website shall be settled by arbitration administered by the American Arbitration Association (AAA) under its commercial arbitration rules (such arbitration to be held in Akron, Ohio, before three (3) arbitrators and to commence within fifteen (15) days of the appointment of the last arbitrator by the AAA). Any judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The use of this website and these terms and conditions of use shall be governed by the laws of the state of Ohio, without regard to conflict of law provisions. The sole jurisdiction for any legal proceedings brought from use of this website or these terms and conditions of use shall be in Akron, Ohio. Neither you nor Carter Lumber will participate in a class action or class-wide arbitration for any claims covered by these terms and conditions. Any waiver by Carter Lumber of a breach of any provision of these terms and conditions of use shall not operate or be construed to be a waiver of any other breach of that provision or any breach of any other provision of these terms and conditions of use. If any one or more of the provisions contained in these terms and conditions of use shall be held to be illegal, invalid, unenforceable or void in any respect by any arbitration proceeding or court of competent jurisdiction, these terms and conditions of use and any provision herein shall not be rendered null and void and shall not be affected or impaired. These terms and conditions of use contain the entire agreement between you and Carter Lumber with respect to the use of this website and hereby supersede all previous agreements with respect to the use of this website. Carter Lumber may modify or amend these terms and conditions of use at any time without notice to you or any third party. Use of this website and these terms and conditions of use shall not create any joint venture, partnership, agency relationship or employment relationship between you and Carter Lumber. Use of this website is not authorized in any locality, state or country that does not give full effect to all provisions of these terms and conditions of use.

14. PROMOTIONS DISCLAIMER

Quantities may be limited. Not responsible for typographical errors. Pictures may vary from actual product. Not all items stocked at all stores. Prices may be subject to change with changing market prices. Details on product warranties are available at the store. See store for details.

15. CONTACT US

If you have any questions or comments regarding the use of this website or these terms and conditions of use, please contact Carter Lumber. Carter Lumber will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments.