Maxwell's Hardware
Terms & Conditions of Use
Welcome to our website! Access to and use of www.atwoods.com and its derivative sites (collectively, the "Site"), which is owned and operated by Atwood Distributing, L.P.’s ("Atwoods,” “us,” or “we”), is subject to the following terms and conditions and all applicable laws. By accessing and using this Site, you accept the following terms and conditions, without limitation or qualification. Please read them carefully.
Please also review our Privacy Notice, which also governs your visit to our Site, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Atwoods and protected byUnited States and international copyright laws. The compilation of all content on this site is the exclusive property of Atwoods, with copyright authorship for this collection by Atwoods, and protected by U.S. and international copyright laws.
TRADEMARKS
Trademarks: Atwoods, Atwoods Ranch and Home, and Atwoods Ranch and logo are either registered trademarks or trademarks of Atwood Distributing, L.P. in the U.S. and/or other countries. These trademarks and Atwoods’ trade dress may not be used without the express written consent of Atwoods or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Atwoods, this Site, or Atwoods’ products and services. All other trademarks not owned by Atwoods that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Atwoods.
LICENSE AND SITE ACCESS
Except as otherwise stated, the contents of this Site including, but not limited to, any and all copyright, trademarks, the text and images contained herein and their arrangement, including all intellectual property rights therein (collectively the "Atwoods Materials"), are the sole and exclusive property of Atwoods or its licensors. You may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any Atwoods Materials.
Atwoods grants you a limited, revocable, license to access and make personal, non-commercial use of this Site, subject to these terms and conditions. This license does not create a business or professional services relationship with Atwoods. Links on this site may lead to services or sites not operated by Atwoods. These sites are not under the control of Atwoods and Atwoods is not responsible for any content of any linked site or any link in a linked site, or any changes or updates to such sites. Atwoods makes no warranties whatsoever and takes no responsibility for any information contained on those linked sites. All such information and links provided on this Site are intended solely for the convenience of users of this Site and do not represent any endorsement, advertisement, sponsorship of, concurrence with, or warranty with respect to the linked sites or any information, products or services contained in or offered through such sites. Atwoods reserves the right at all times to disclose any information Atwoods deems necessary to satisfy any applicable law, regulation, legal process, or to edit, refuse to post or remove any information or materials, in whole or in part, in Atwoods sole discretion.
YOUR MEMBERSHIP ACCOUNT
If you become a registered user of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further represent and warrant that the information you provide in creating an account with Atwoods in order to use its services is true and accurate and that you are the sole person accessing the account with your user information. Atwoods relies upon this warranty in providing you access to the Site as a registered user.
If you are under 18, you may use the Site only with involvement of a parent or guardian and, by becoming a registered user of the Site, you represent that you are either (i) 18 or older or (ii) are using the site with the consent and involvement of your parent or legal guardian.
Atwoods reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Atwoods may immediately terminate your account if any activity suggests your account has been compromised or shared with others or if you have breached any of your obligations under these terms and conditions. If you believe your account has been terminated in error, you may submit a request to Atwoods to have your account termination reviewed. If Atwoods determines in its sole discretion that the termination was in error, Atwoods will re-activate your account, which shall be your sole and exclusive remedy.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
You may post reviews, comments, and other content, as well as submit suggestions, ideas, comments, questions, or other information to the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Atwoods reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Atwoods, its affiliates, and assigns a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Atwoods and its affiliates, assigns, and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Atwoods and its affiliates and sublicensees for all claims resulting from content which you supply. Atwoods has the right but not the obligation to monitor and edit or remove any activity or content. Atwoods takes no responsibility and assumes no liability for any content posted by you or any third party.
PRODUCTS PURCHASED FROM THE SITE
All items purchased from the Site are made pursuant to a shipment contract that includes terms and conditions in addition to those herein, which may pass the risk of loss and title for such items you upon delivery to the carrier. You are responsible for reading and complying with such contracts.
Atwoods attempts to ensure that product descriptions are as accurate as possible. However, Atwoods does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free.
By making a purchase from the Site, you authorize Atwoods to share certain personal information with its strategic partners in order to process your payment, and you further acknowledge and agree that Atwoods is not responsible for any act or omission of those strategic partners with respect to your personal information.
DISCLAIMER OF WARRANTIES
THIS SITE, THE ATWOODS MATERIALS, AND THE SERVICES HEREIN ARE PROVIDED BY ATWOODS ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATWOODS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ATWOODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATWOODS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ATWOODS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
ATWOODS WILL ALSO NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER ACTUAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE ATWOODS MATERIALS, OR ANY CONTENT ON OR ACCESSED THROUGH THIS SITE OR ANY SITE LINKED TO, OR ANY COPYING, DISPLAYING OR USE THEREOF, THE UNAVAILABILITY OF THIS SITE, DAMAGE TO YOUR COMPUTER, OR ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF THIS SITE, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR IN CONTEMPLATION OF THE PARTIES, EVEN IF ATWOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR THE PRODUCTS, PROGRAMS OR SERVICES OFFERED IN THIS SITE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY PRODUCTS, SERVICES OR PROGRAMS PROVIDED THROUGH THIS SITE.
THE NEGATION OF DAMAGES SETFORTHABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ATWOODS. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting this Site, creating an account with Atwoods, or obtaining materials from the Site, you agree that the laws of the state ofOklahoma, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Atwoods.
DISPUTES
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in Oklahoma City, Oklahoma, except that, to the extent you have in any manner violated or threatened to violate Atwoods’ intellectual property rights, Atwoods may seek appropriate available relief in any state or federal court in the state of Oklahoma, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to atwoods.com. We reserve the right to make changes to our site, policies, and these terms and conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
INFRINGEMENT NOTICE
If you believe that any content appearing on the site has been copied in a way that constitutes copyright infringement please forward the following information to the Copyright Agent named below:
– Your name, address, telephone number, and email address;
– A description of the copyrighted work that you claim has been infringed;
– The exact URL or a description of where the alleged infringing material is located;
– A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
– 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.
Atwood Distributing, L.P.
500 South Garland
Enid, OK 73703
(844) 4ATWOOD
Please note that while Atwoods seeks to preserve any and all exemptions from liability that may be available under applicable law, this is not a stipulation that Atwoods is subject to the United States Digital Millennium Copyright Act, or similar laws of other jurisdictions, or that Atwoods is a “service provider” as defined by such acts or elsewhere in the law.
QUESTIONS:
Questions regarding these terms and conditions, our Privacy Policy, or other policy related material can be directed to our support staff through our Contact Us form, or in writing to:
Atwood Distributing, L.P.
500 South Garland
Enid, OK 73703
(844) 4ATWOOD
Any rights not expressly granted herein are reserved.
Copyright Notice: 2014 Atwood Distributing, L.P. All Rights Reserved.
Trademarks: Atwoods, Atwoods Ranch and Home, and Atwoods Ranch and logo are either registered trademarks or trademarks of Atwood Distributing, L.P. in the U.S. and/or other countries. The names of other entities, products or services mentioned herein or on the Site may be the trademarks of their respective owners.
Thank you for visiting us at atwoods.com
