MILLARD LUMBER TERMS OF SERVICE AND LICENSE AGREEMENT

Updated 5/29/2018

PLEASE READ THE FOLLOWING TERMS OF SERVICE AND LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, USING, ACCESSING, OR PURCHASING ANY PRODUCT OR SERVICE THROUGH ANY PART OF THE MILLARD LUMBER WEBSITE OR SERVICES OR THE MILLARD LUMBER MOBILE APPLICATION (IF AVAILABLE)

The following are the terms and conditions for use of http://www.millardlumber.com/, any affiliated sub-domains, and any affiliated websites on which these Terms are posted, and their related services (the "Website") and the Millard Lumber Mobile Application (as applicable and if available) and its services (the "Application") (collectively the Website and the Application are referred to as the "Services"). The Services are owned and operated by Millard Lumber Inc., a US Domestic Corporation ("Millard Lumber," or "us," or "we").

By downloading or using the Application, accessing the Services, continuing to access the Services, purchasing any products or services through the Services, or submitting any information through the Services, and in consideration for the services Millard Lumber provides to you, YOU (the terms "you" or "yours" includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE SERVICES (the "Terms"). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

I. OVERVIEW

Millard Lumber offers its customers high quality construction and design services and products. Your purchase of any product or service from Millard Lumber is also subject to the Millard Lumber Standard Conditions & Terms of Sale, available at http://www.millardlumber.com/terms-of-sale/. Product prices and availability are subject to change.

The information provided on the Website and Services are for informational purposes only and is not a substitute for obtaining the advice or services of an appropriate professional. Check your state and local codes before starting any project. Follow all safety precautions. While Millard Lumber strives to provide accurate and complete information, Millard Lumber is not responsible for damages or injuries resulting from the use of the information contained in the Services.

II. REGISTRATION, ELIGIBILITY FOR SERVICES, PAYMENT, AND INFORMATION SUBMISSION

Registration. In order to utilize some of the Services' features, you may need to register and create an account. In order to create an account, you must complete the registration process by providing Millard Lumber with complete and accurate information as prompted by the registration form, including contact information, a username, and password. You shall protect your password and take full responsibility for your own and third-party activities that occur under your account. You agree to notify Millard Lumber immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.

Refusal of Service. Millard Lumber reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party's intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by Millard Lumber in its sole discretion.

Payment. If you make any payments or purchases through the Services, you agree to pay all applicable charges and fees for those purchases and to comply with the terms of the applicable payment processor. Unless otherwise stated, all prices are stated in U.S. Dollars.

Information Submission and Age Restriction. By submitting any information, including any User Content as defined below, through the Services, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Services. Millard Lumber does not intend to use the Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional.

III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES

Millard Lumber reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website or Application. The most current version of these Terms will be located on, or available through, the Application and Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the "Updated" date indicated at the top of this page with the date that revisions to these Terms were last made. We will not notify you of any such changes by email or other personal contact. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.

IV. PROPRIETARY RIGHTS

Except as expressly provided for in the non-exclusive license contained in Section X below, Millard Lumber expressly reserves all right, title, and interest in and to the Services and the Services' content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.

V. PURCHASES, SUBSCRIPTIONS, AND REFUNDS

Terms & Conditions of Sale. Your purchase of any product or service from Millard Lumber is also subject to the Millard Lumber Standard Conditions & Terms of Sale, available at http://www.millardlumber.com/terms-of-sale/, these Terms, and the terms and conditions stated on the applicable order form(s).

Purchases. Product prices offered on the Services may vary from other advertised prices due to varying conditions in different geographic markets, and prices are subject to change at any time. If you purchase any product through the Services, you agree to comply with the terms of the applicable payment processor. All features, content, specifications, products and prices of products and services described or depicted on the Services are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Millard Lumber makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Services at a particular time does not imply or warrant that these products or services will be available at any time. While we will use our best efforts to fulfill all orders, Millard Lumber cannot guarantee the availability of any particular product displayed on the Services. Millard Lumber reserves the right to discontinue the sale of any product listed on the Services at any time without notice.

Free Trials. Millard Lumber may offer its products or services through free trial offers from time to time. The failure to cancel your free trial during the stated period will result in you being charged for the associated purchases beginning at the end of the trial period. For more details, please review the specific terms of the free trial offer, if applicable. Millard Lumber does not guarantee that any portion of the Services will always be available for free.

Subscriptions. Millard Lumber may offer certain products or services on a subscription basis. Under such a subscription, you will be charged for the subscription products or services every period until you cancel your subscription. Please review the specific terms of your subscription for more information.

Refund Policy. Unless otherwise stated, refunds are not guaranteed. Please see the Millard Lumber Standard Conditions & Terms of Sale for additional terms for returns and refunds.

Personal Use. You may only use the Application and the Services for your own use. You may not re-sell or redistribute the Application or Services.

VI. THIRD-PARTY SERVICES

The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third-parties is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party's services must be resolved directly between user and the third-party. Millard Lumber disclaims all warranties or representations regarding any third-party services.

Millard Lumber, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.

VII. USER-GENERATED/THIRD-PARTY CONTENT

Overview. The Services may, from time to time, allow users and third-parties to upload, post, or otherwise transmit user-generated content, including, but not limited to, photos, videos, reviews, and other forms of data or communications ("User Content").

User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively "Post") through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party's intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.

By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Millard Lumber a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.

You assume all risks associated with your Posted User Content on the Services, including anyone's reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Testimonials and Photographs. If you Post or otherwise transmit to Millard Lumber a testimonial statement or photograph or video depicting your results using any service or product, you grant, and warrant and represent that you have the right to grant Millard Lumber a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any Millard Lumber advertising materials.

By Posting or sending any testimonials of your results, you represent that the testimonial statement is true, that you used the service or product as directed, and that the testimonial accurately depicts your experience using the service or product.

If you no longer wish Millard Lumber to use your written testimonial statement or photograph or video, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.

If you received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial.

Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Website or Application. Millard Lumber reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of Millard Lumber.

Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), Millard Lumber is only a distributer, and not the publisher or speaker, of any User Content. As such, Millard Lumber cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Millard Lumber does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Millard Lumber be responsible for any loss or damage resulting from any person's reliance on any User Content.

Reservation of Rights. Subject to Section VIII below regarding the DMCA, Millard Lumber reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Millard Lumber's sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Millard Lumber reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.

Information Storage and Access. Millard Lumber reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. Millard Lumber will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Millard Lumber's servers.

Suggestions. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Millard Lumber and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.

IX. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS

While Millard Lumber attempts to provide all Services and Application features to all users, use of the Application and the Services may be limited for some or all users due to conditions outside of Millard Lumber's control. As a result, not all advertised features may be available to you at all times. Some of these conditions include, but are not limited to, the following: Your mobile device or your wireless carrier may limit the features available to you. Your data or messaging plan may limit your use of the Services. Your wireless voice and/or data signal may make access to the Applications or some of its feature intermittent or unavailable. The Application and its features may not be available in some geographic locations.

Millard Lumber is not liable, and expressly disclaims any representations or warranties, regarding access to the Services or Application through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Millard Lumber does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs you incur to access the Services or Application through your mobile device.

X. MILLARD LUMBER MOBILE APPLICATION LICENSE (IF AVAILABLE)

Millard Lumber may, from time to time, choose to make available for download a Millard Lumber mobile Application. If Millard Lumber makes an Application available, the terms of this license apply to your download and use of the Application. Millard Lumber does not guarantee that any Application will be developed or available.

License. In order to use some of the Services' features, you may need to download the Application. Subject to, and in accordance with, these Terms, Millard Lumber grants to You, and You accept from Millard Lumber, a limited, revocable, non-exclusive, and non-transferable license to use the Application, if available. Millard Lumber reserves all rights not expressly granted to You hereunder. This license is automatically revoked if you violate any of these Terms.

Source Code. The grant of this license is not, and shall not be construed as, a grant of any right to You to use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in creating, developing or implementing the Application, including updates or modifications thereto. Without limiting the foregoing, You shall have no rights to receive any source code for the Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Application for any purpose.

Prohibitions. You must not do, or permit others to do, any of the following: (a) copy or modify the Application in any way, except as expressly permitted in these Terms; (b) remove or modify Millard Lumber's copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Application or Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Application's source code or object code or other runtime objects or files distributed with the Application; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Application or Services; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Application or Services, in any form, to any third-party (including in any service bureau or similar environment); (f) use the Application or Services to process the data of third parties; (g) use, install, or make available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP); or (h) use the Application or Services to infringe on any person's right of privacy. In addition, You will not violate or attempt to violate the security of Millard Lumber's networks or servers, including (i) access data not intended for You or log into a server or account which You are not authorized to access; (j) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (k) attempt to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing

You are also prohibited from taking any actions in violation of the prohibitions and requirements set forth in Section XIII below.

Infringement. If a third-party claims that the Application or the Services infringes its patent, copyright or trade secret, or any similar intellectual property right, Millard Lumber will defend You against that claim at Millard Lumber's expense and pay all damages that a court finally awards, provided that You promptly notify Millard Lumber in writing of the claim, and You allow Millard Lumber to control and You cooperate with Millard Lumber in, the defense or any related settlement negotiations. If such a claim is made or appears possible, You agree to permit Millard Lumber to modify the Application or Services in order to attempt to avoid such claims. If Millard Lumber determines that this alternative is not reasonably available, You agree to uninstall or return the Application on Millard Lumber's request, and without any further liability or obligation of Millard Lumber. Further, Millard Lumber shall have no obligation whatsoever for any claim based on Your modification of the Application or Your combination, operation, or use with any product, data or apparatus not specified or provided by Millard Lumber. THIS PARAGRAPH STATES MILLARD LUMBER'S ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. If no Application is currently available, this provision nonetheless applies to any claim of infringement regarding the Website or Services.

Maintenance or Support. Millard Lumber is not under any obligation to provide maintenance or support for the Application. Millard Lumber may provide maintenance or support for the Application in Millard Lumber's sole discretion.

Uninstallation. You may, at any time, uninstall the Application by utilizing your mobile device's procedures for uninstalling downloaded applications. However, Millard Lumber may retain collected data after the uninstallation.

Third-Party Terms. You must comply with applicable third-party terms of service when using the Application, including any terms required by your mobile carrier or device manufacturer.

Apple and Google-Specific Terms. The following additional terms and disclosures only apply to you if you use the Application through the Apple or Google operating systems, if available and as applicable:

Apple

This is a custom end-user license agreement between you and Millard Lumber, and not with Apple. Millard Lumber, and not Apple, is solely responsible for the Application, the Services, and the related content.
Millard Lumber grants you the non-transferable right to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
In the event of any failure of the Application to conform to any applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of to conform to any warranty, if any, will be the sole responsibility of Millard Lumber.
Millard Lumber, and not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of the HealthKit and HomeKit frameworks, if applicable.
In the event of any third-party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, Millard Lumber, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any questions, complaints, or claims with respect to the Application should be directed to Millard Lumber, Inc. at the notice address below.
You must comply with applicable third-party terms of agreement when using the Application.
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Google

This is a separate end user license agreement between you and Millard Lumber, and not with Google.
Subject to, and in accordance with, these Terms and any required payments, Millard Lumber grants to You, and You accept from Millard Lumber, a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application on your device that can access Google Play. The user may include, but is not limited to, a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play are subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the Services (except in-app and subscription products, which cannot be shared) and share it with other family members in their family group. This license is automatically revoked if you violate any of these Terms.
You are allowed unlimited reinstalls of the Application, unless and until Millard Lumber removes the Application from the Google Play or any other Google-branded distribution platform.
Millard Lumber, and not Google, will have the sole responsibility to undertake or handle support and maintenance of the Application or any complaints about the Application, subject to these Terms.
Millard Lumber, and not Google, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; (c) intellectual property claims; and (d) claims arising under consumer protection, privacy, or similar legislation, if applicable.
Millard Lumber, and not Google, is solely responsible for Millard Lumber's breach of any agreement with Google, any applicable third-party contract or terms of service, or any applicable law or regulation.
Any questions, complaints, claims, or issues regarding defects or performance issues with respect to the Application should be directed to Millard Lumber, Inc. at the notice address below.
The collection, use, and distribution of your information is governed by the Millard Lumber Privacy Policy and by downloading and/or using the Application you agree to be bound by the terms of that Privacy Policy.

XI. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS

The information provided on the Website and Services are for informational purposes only and is not a substitute for obtaining the advice or services of an appropriate professional. Check your state and local codes before starting any project. Follow all safety precautions. While Millard Lumber strives to provide accurate and complete information, Millard Lumber is not responsible for damages or injuries resulting from the use of the information contained in the Services.

Millard Lumber does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the products or services made available through the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Application and the Services may be from time to time inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Millard Lumber's control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. Millard Lumber disclaims any liability as a result of any user's inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider.

Further, Millard Lumber expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, sold, offered, reviewed, recommended, linked to, or pictured on or through the Services. Millard Lumber does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. Millard Lumber does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Millard Lumber be responsible for any loss or damage resulting from any person's reliance on any such product or service descriptions, reviews, or specifications contained on the Services. All products and services made available through the Services are sold by independent sellers and not sold by Millard Lumber.

THE SERVICES AND ANY PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MILLARD LUMBER EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MILLARD LUMBER DOES NOT WARRANT THAT THESE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR PRODUCTS, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. ALL PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES ARE SOLD BY THE SELLER AND NOT BY MILLARD LUMBER.

We do not guarantee that the Services, or any products sold through the Services, will be compatible with all software or with all devices.

When you use the Application on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.

XII. HYPERLINKS

A link from the Services to a non-Millard Lumber website does not mean that Millard Lumber endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. Additionally, we suggest you review the linked site’s terms of service and privacy policy, and if you do not agree to be bound by the terms of that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Millard Lumber expressly disclaims any liability related to such sites. Millard Lumber also prohibits unauthorized hypertext links to the Services or the framing of any content available through the Services. Millard Lumber reserves the right to disable any unauthorized links or frames.

XIII. COMPLIANCE AND PROHIBITED ACTIONS

You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.

You may not purchase any products through the Services which are prohibited in your jurisdiction.

In order to protect the integrity of the Services, Millard Lumber reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by Millard Lumber to limit, restrict, or prevent access to the Services.

You may not reproduce, copy, bulk download, redistribute, or resell any content contained within the Services without the express written consent of Millard Lumber. You may not use any software, devices, scripts, crawlers, robots, or other automated processes to copy, scrape, or systematically acquire any content contained within the Services without the express written consent of Millard Lumber. You may not frame or mirror any Millard Lumber website or content without the express written consent of Millard Lumber.

XIV. INDEMNIFICATION

You agree to indemnify, hold harmless and defend Millard Lumber, its managers, members, directors, employees, agents, or affiliates (collectively the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, (iv) your unauthorized use of the Services, or (v) your purchase, sale, or use of any product or service purchased through the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

XV. LIMITATIONS OF LIABILITY

MILLARD LUMBER WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY DAMAGE OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, OR (F) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF MILLARD LUMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, MILLARD LUMBER'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY PRODUCTS SOLD THROUGH THE SERVICES SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE MILLARD LUMBER PRODUCTS OR SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.

XVI. TERMS AND TERMINATION

You may terminate these Terms at any time by closing your account, discontinuing your use of the Services, uninstalling the Application, and providing Millard Lumber with a notice of termination. Please review these Terms and our Privacy Policy for information about what we do with your account when terminated. We may terminate your account, suspend your ability to use certain portions of the Services and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, your User Content, other content on the Services, or any other related information. In the event of any termination of these Terms, any provisions by which their nature should continue following termination of these Terms shall so continue.

XVII. PRIVACY, USE, AND DISSEMINATION OF PERSONAL INFORMATION

The Services are governed by the Millard Lumber Privacy Policy which is incorporated into these Terms by this reference. Please read the Privacy Policy before accessing the Services or providing any personal information through the Services.

By providing any personal or non-personal information to Millard Lumber through the Services, or by using the Services, you automatically grant, and warrant and represent that you have the right to grant Millard Lumber a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate your collected personal and non-personal information in order to provide the services contemplated under these Terms, to manage your account, to send you communications, or for any other lawful purpose in Millard Lumber's sole discretion.

Millard Lumber, and any third-parties to which Millard Lumber provided your contact information, may contact you via any method of communication you submitted through the services, including, but not limited to, email, cell phone, or text message. By providing Millard Lumber your contact information, you agree to receive communications from Millard Lumber or other third-parties who obtained your contact information from Millard Lumber.

XVIII. ADVERTISEMENTS

Millard Lumber may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. You agree that Millard Lumber may place advertising on the Services and you agree not to block such advertising.

XIX. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.

The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Any use of our services by prohibited persons, will result in immediate account termination, user content removal, and if needed, notification to the US DOT/OFAC.

XX. APPLICABLE LAW AND VENUE

These Terms shall be governed by and construed under the laws of the state of Nebraska without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the state and federal courts located in Douglas County, Nebraska. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The products and services provided by Millard Lumber hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Any notices to Millard Lumber must be sent to:

Millard Lumber Inc.

PO Box 45445

Omaha, NE 68145

[wood@millardlumber.com]

via first class or air mail or overnight courier, and are deemed given upon receipt.

XXI. MISCELLANEOUS

These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties, with the exception of a separate written license agreement for certain products sold through the Website. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between Millard Lumber and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

1886092.02

Millard Lumber Holiday Hours 2022!