Terms and Conditions

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Effective Date: June 1, 2025 

Please review these terms and conditions, which govern your use of Eccabinets.com (https://www.eccabinets.com), the East Coast Cabinets Personal Accounts (“Personal Account” or “MyEast Coast Cabinets Rewards Accounts”) and related services, and East Coast Cabinets Business Accounts (“PRO Accounts”) and related services, and any sites, applications, or mobile sites or applications, such as the East Coast Cabinets applications available on your mobile device and any other site on which these terms and conditions appear, platforms, and tools where these terms and conditions appear or are linked (collectively, the “Site” or “Sites”). Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions, and the Privacy and Security Statement (collectively, the “Terms”). The Sites are provided by Otis Development , LLC. (“East Coast Cabinets”) as a service to its customers, unless specifically provided otherwise on a Site. The Terms inure to the benefit of East Coast Cabinets and its parent, subsidiaries and affiliates.

Your Use of the Site

Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. 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, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.

Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such control protections is available on the websites GetNetWise (https://www.getnetwise.org) and OnGuardOnline (https://onguardonline.gov).

You agree that you will not do any of the following (collectively, the “Code of Conduct”):

• Restrict      or inhibit any other visitor from using the Site, including, without      limitation, by means of “hacking” or defacing any portion of the Site
• Use      the Site or content on or from the Site for any unlawful purpose
• Express      or imply that any statement you make is endorsed by East Coast Cabinets or      its subsidiary, parent or affiliate companies
• Submit      data or information to or otherwise transmit material through the Site      that is (i) copyrighted, protected by trade secret or otherwise subject to      third-party proprietary or intellectual property rights, including privacy      and publicity rights, unless you are the lawful owner of such rights or      have permission from the rightful owner to submit or transmit such data or      information; (ii) is unlawful, obscene, defamatory, libelous, threatening,      fraudulent, abusive, pornographic, harassing or encourages conduct      that would be considered a criminal offense, or does or would give rise to      civil liability or violate any law, rule or regulation, or is otherwise      objectionable or infringes East Coast Cabinets or any third party’s      intellectual property rights or other rights; (iii) is intended to      victimize, harass, degrade or intimidate an individual or group of      individuals on the basis of age, disability, ethnicity, gender, race,      religion or sexual orientation; or (iv) is nonpublic information about a      company or individual without the express written authorization to do so
• Engage      in spamming, flooding, phishing or other activity intended to gather      information unlawfully
• Transmit      any software or other materials that contain any harmful or malicious      code, including, without limitation, viruses, worms, time bombs, date      bombs, trojan horses and defects
• Modify,      adapt, sublicense, translate, sell, reverse engineer, decompile or      disassemble any portion of the Site
• Remove      any copyright, trademark or other notices of proprietary rights contained      on the Site
• “Frame”      or “mirror” any part of the Site without East Coast Cabinets prior written      authorization
• Use      any robot, spider, site search/retrieval application or other manual or      automatic device or process to retrieve, index, data mine or in any way      reproduce or circumvent the navigational structure or presentation of the      Site or its contents
• Harvest      or collect information about Site visitors
• Take      any action that imposes an unreasonable or disproportionately large load      on East Coast Cabinets infrastructure
• Use      the Site for any reseller activities. Reseller activities include (i)      purchasing products for the purpose of reselling those products through      any channel to downstream customers; (ii) placing orders on behalf of      other persons for commercial purposes; and (iii) extracting, scraping,      mining, copying or otherwise gathering information from the Site in      connection with your sale or another party’s sale of products (whether      purchased from East Coast Cabinets or another seller) through any channel      to downstream customers. Purchasing a product that will be used or      consumed as part of a home improvement or construction project performed      for another person does not constitute a reseller activity

You acknowledge and agree that (i) all information you provide with regards to a purchase of products and/or services, including, without limitation, credit card, wallet (e.g., ApplePay, etc.), or other payment information, is accurate, current and complete, and (ii) you may be subject to additional terms and conditions of the third-parties providing your chosen payment method. Additionally, you represent and warrant that you have the legal right to use the payment method you provide to us.

Placing Your Orders on the Site

• All      billing and registration information provided by you must be accurate,      complete and correct. Submitting inaccurate, incomplete or incorrect      information constitutes a breach of the Terms. By confirming your purchase      at the end of the checkout process, you agree to accept and pay for the      items, products and/or services that you have requested. 
• East      Coast Cabinets, its affiliates and subsidiaries, and Marketplace Sellers      (defined below), reserve the right, at their sole discretion, to (i)      refuse service and to terminate accounts if East Coast Cabinets believes      in its sole discretion that customer conduct violates applicable law or      the Terms, is harmful to the interests of East Coast Cabinets, its      subsidiaries or its affiliates or for any other reason; (ii) limit the      quantity of items purchased per person, per account, per household and per      order as determined in their sole discretion; and (iii) refuse or cancel      any order you place. These restrictions may be applied to the same      account, same credit card and/or the same billing and/or shipping address.      
• East      Coast Cabinets acknowledgment of an order signifies that we received your      order request, but it does not constitute acceptance of your order or a      promise to fulfill your order. We strive to provide accurate information      on the Site, but we cannot and do not guarantee the accuracy of all      information about items on the Site. You understand that information about      items on the Site, including, without limitation, price, availability,      specifications and images, may be incomplete or inaccurate. If we      determine that information about an item you ordered is inaccurate or      incomplete, we reserve the right to cancel that order and refund any      applicable charges. Any canceled order placed using a East Coast Cabinets      Gift Card will have a refund card mailed to the address listed within the      billing address line of the online order. 
• All      items and products purchased through the Site are made pursuant to a      shipment contract. The risk of loss and title for such titles pass to you      upon East Coast Cabinets delivery of the items or products to the carrier.      
• You      may choose to pick up eligible items in a single order from different East      Coast Cabinets stores. For instance, in the same order, you may choose to      pick up a hammer from one store, nails from a second store and lumber from      a third store. The online price for your items will be the price shown at      the time you start the checkout process. You understand that the online      price may be different from the in-store prices for the same item and will      be exclusive of store-specific sales, discounts, rebates or other      markdowns available for in-store purchases. 
• If you      wish to purchase products or services described on the Site, you will be      asked to supply certain information applicable to your purchase,      including, without limitation, credit card and other information. Your      Account will provide you a location to store your information and allow      you to make a future purchase without reentering information. You agree to      pay all charges incurred by you and any users of your account and your      credit card (or other applicable payment mechanism) at the price(s) in effect      when such charges are incurred. You will also be responsible for paying      any applicable taxes relating to your purchases. The amount of tax      displayed when you check out is an estimate and may be updated at the time      your card is charged in accordance with our billing policy. 
• Tools,      products, materials, techniques, building codes and local regulations      change; therefore, East Coast Cabinets assumes no liability for omissions,      errors or the outcome of any project. The reader must always exercise      reasonable caution, follow current codes and regulations that may apply,      and is urged to consult with a licensed professional if in doubt about any      procedures.

Information Posted on the Site

The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of East Coast Cabinets or any of its affiliates, subsidiaries or agents.

East Coast Cabinets cannot and does not guarantee the accuracy or completeness of the Materials displayed on the Site, including, without limitation, prices, product images, specifications, dimensions, availability and services, and any Marketplace Products provided by a Marketplace Seller. The Materials may contain technical inaccuracies, typographical errors, and errors or omissions related to the product descriptions, pricing and availability. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.

Copyrights, Trademarks and Patents 

All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by East Coast Cabinets, or its software, and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.  

The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of East Coast Cabinets and protected by applicable copyright laws.  

East Coast Cabinets grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. East Coast Cabinets and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to East Coast Cabinets or any third party’s intellectual property rights.

The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.  

The names, trade names, logos, service marks, trademarks and trade dress (collectively, “Trademarks”) on the Site are registered and unregistered trademarks of Otis Development, LLC, and other parties. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site. Otis Development, LLC, requires prior written approval for the use of the “East Coast Cabinets “ (East Coast Cabinets logo) or any other Otis Development, LLC Trademarks, as part of a link to or from any website. Otis Development, LLC, also requires prior written approval to use the East Coast Cabinets logo, East Coast Cabinets name and any other Otis Development, LLC marks in any form of advertising or any other commercial use. One or more patents may apply to the Site, including, without limitation: US Patent Nos. 5,528,490; 5,761,649; 5,930,474; 7,908,173; and 7,908,176. 

Content

You hereby grant East Coast Cabinets and its affiliates, licensees and sublicensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, store on its servers, publicly display, perform, promote, market, permit the online use of and otherwise use in any way Content and all information, data and materials derived from or based in whole or in part on any of the Content, in any format or media (“Content License”). “Content” means all text, images, artwork, technology, content, data, metadata, information, materials, plans, instructions, commands, dimensions, specifications, preferences, activity on the Site and other items, in each case (i) submitted, entered, provided, uploaded, recorded, performed, streamed or made available, in each case by you on, or (ii), generated, recorded, collected, or derived, in each case through your use of, the Site or any third party applications integrated with, or accessible through, the Site, including without limitation any analytics, summaries, programs, improvements, derivative works, compilations and outputs.

You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit East Coast Cabinets and its affiliates, licensees and sublicensees to use such Content in accordance with the terms of the Content License. This Content License is in addition to, and not in lieu of, the UGC License.

User-Generated Content

Identification of User Content: As part of your use of any of East Coast Cabinets Sites, as well as pursuant to your participation in or use of any of the other East Coast Cabinets Companies, Inc. and its affiliates’ (collectively “East Coast Cabinets Organization”) social media or other digital platforms (collectively our “Platforms”), or pursuant to your participation in or response to any other invitations or forums that may be made available or extended to you by or on behalf of East Coast Cabinets (collectively “Other Forums”) (hereinafter Sites, Platforms and Other Forums shall be collectively referred to as a “Content Hub” or “Content Hubs”), we welcome feedback, reviews, text, ideas, photos, videos, or any other content (all the foregoing referred to herein as "User Content ") that you submit through such Content Hub, as long as such User Content meets our requirements as set forth in these User Content Terms. 

• Grant      of Rights: When you share or publish User Content on a Content      Hub, you grant East Coast Cabinets Organization a worldwide,      non-exclusive, transferable, royalty-free, perpetual, irrevocable right      and license with respect to such User Content pursuant to these User      Content Terms (“License”). This License gives East Coast Cabinets      Organization the right to copy, publish, broadcast, publicly display,      edit, translate, transmit, perform, alter, feature, combine with other      material, adapt, reproduce, translate, reformat, incorporate, distribute,      modify, make derivative works of, feature and otherwise use (collectively      “Use”) such User Content, including Use of any form of      identification of any person or groups of people within such User Content      including without limitation their name(s), voice(s), image(s) (in each      instance, their “Identity”). Such Use may occur in any and all      media now known or hereafter developed, including without limitation on      and in East Coast Cabinets Organization websites, social media sites,      digital platforms and channels, as well as in print and broadcast media,      without any territorial or time limitations, for any purposes that East      Coast Cabinets deems necessary, desirable or appropriate. If you share or      provide your name, partial name, social media handle(s), or other      identifying information about yourself (each a “Source Identifier”)      on or in connection with the User Content on a Content Hub, East Coast      Cabinets Organization may use any such Source Identifier in connection      with its use of the User Content, in its sole discretion, and hereinafter      for purposes of these User Content Terms, the term “User Content” shall      include any Source Identifiers. In addition, this License allows East      Coast Cabinets Organization to sublicense any or all of the foregoing      rights, through multiple tiers, to the maximum extent permitted by law. East      Coast Cabinets and its sublicensees shall be referred to herein as “East      Coast Cabinets Etc.” The Licenses set forth herein shall survive the      termination of these User Content Terms.
• Release      of Claims: By submitting User Content, you expressly waive any and      all claims against East Coast Cabinets Etc. arising out of or relating to      our Use of any product, design, concept or other materials similar or      identical to anything contained in your User Content.
• Representations      and Warranties: By submitting any User Content to a Content Hub or      otherwise agreeing to these User Content Terms, you represent and warrant      that: 
• No      User Content includes the Identity of a Child (“Child” is defined as      someone who is under the age of 13).
• You      have all rights necessary to grant this License and any sublicenses. This      means among other things that:
• You      are the owner (author) of the User Content.
• If      you use the Identity of a third party in the User Content, you have their      written permission (or that of their parent/legal guardian if they are a      non-Child minor in their jurisdiction).
• Your      creation of the User Content complies with all applicable rules, laws and      regulations (“Applicable Law”) and the Use of the User Content by East      Coast Cabinets Etc. will not violate any Applicable Law or any third party      rights, including without limitation any copyright, trademark, trade      secret, privacy or other intellectual property rights of any third party; 
• Your      User Content is truthful, accurate and not misleading. To that end, you      confirm the following: 
• If      and to the extent your User Content contains a review, endorsement or      testimonial about a product or service (collectively “Review”),      such Review is based on your actual use of the product or experience with      the service that is the subject of the Review, and contains your true      opinion and belief based on such use or experience under normal use      conditions; and 
• to      the extent your User Content contains a Review, you confirm that you      received no compensation or other incentive to provide the Review, or if      you did, you have disclosed what compensation or incentive you received in      your User Content. 
• You      irrevocably waive any “moral rights” or other rights with respect to      attribution of authorship or integrity of materials regarding the User      Content that you may have under any applicable law under any legal theory.
• Additional      Terms: You understand and agree that User Content may be viewed by the      general public and you do not and shall not consider such User Content to      be private, proprietary or confidential. You agree that the License you      are granting to East Coast Cabinets is without any compensation of any      kind to you or others.

       You agree that any User Content that you share, publish or authorize us to Use:

• will      not cause injury to any person or entity when Used by East Coast Cabinets      Etc.; and
• does      not contain any profanity or threatening language, or material that could      be considered obscene, harmful, sexually explicit, indecent, lewd,      violent, abusive, or degrading; and
• does      not contain any malware, chain letters, mass mailings, or any form of      “spam”; and
• does      not promote any particular political agenda or contain any political      campaign messaging; and
• does      not include any commercial solicitation; and
• does      not contain defamatory remarks or, misrepresentations about East Coast      Cabinets Organization or its products, or other people, products,      services, or companies; and
• does      not include content that is derogatory or suggestive of violence toward      any individual or groups of people including based on ethnicity, race,      gender, religion, profession or age; and
• does      not include or promote any activities that may appear unsafe or dangerous;      and
• does      not promote the illegal, excessive or irresponsible consumption or use of      alcohol, drugs, tobacco, or firearms/weapons; and
• does      not include links to any of the content that is prohibited in this      list. 

      Notwithstanding anything to the contrary herein, nothing in these Terms shall restrict, impair or result in the waiver of any legal rights a consumer may have to publish truthful reviews or other statements about East Coast Cabinets, its employees or representatives, or any products or services offered by East Coast Cabinets.

• Integrity      and Authenticity: You agree that you will not use a false or      misleading email address, home or business address, impersonate another      person or entity, or otherwise mislead with respect to the origin of any      User Content you submit, including, without limitation, comments and      feedback you submit to a Content Hub. You agree that East Coast Cabinets      Etc. is not responsible for any User Content that you submit to a Content      Hub.
• East      Coast Cabinets Organization Responsibility for User Content Posted on      Content Hubs: East Coast Cabinets Etc. does not guarantee that User      Content submitted to a Content Hub will be used by East Coast Cabinets      Etc. or made publicly available. East Coast Cabinets Etc. does not      guarantee that User Content posted to a Content Hub will not be offensive,      defamatory or otherwise objectionable. East Coast Cabinets Etc. reserves      the right to remove any User Content from a Content Hub at any time      without notice and in East Coast Cabinets Etc. sole discretion; however,      you acknowledge and agree that East Coast Cabinets Etc. is under no      obligation to you to police, monitor or remove User Content or comments      made about User Content, and East Coast Cabinets Etc. makes no guarantee      with respect to the completeness, accuracy, integrity or quality of User      Content submitted to or appearing on any Content Hub or in any other      materials released by East Coast Cabinets Etc. East Coast Cabinets Etc.      has no control over third party use of your User Content, and no liability      for any misuse of your User Content. East Coast Cabinets Etc. does not      endorse any comments, opinions, advice or other statement made about or in      connection with your User Content.

Digital Millennium Copyright Act

Claims of Copyright Infringement. It is our policy to restrict access privileges of those who repeatedly infringe the copyrights of others. If you believe any materials accessible on or from the site (including content submitted by other users) infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) to East Coast Cabinets designated Copyright Agent (identified below), which sets forth the following information:

• Identification      of the copyrighted work you believe to be infringed. Please describe the      work and, where possible, include a copy or the location, e.g., URL, of an      authorized version of the work
• Identification      of the material that you claim to be infringing or to be the subject of      the infringing activity and that is to be removed or access to which is to      be disabled and information reasonably sufficient to permit East Coast      Cabinets to locate the material
• Your      name, address, telephone number and, if available, email address
• A      statement that you have a good faith belief that the use of the materials      is not authorized by the copyright owner, its agent or the law
• A      statement that the information you have supplied is accurate and      indicating that “under penalty of perjury” you are the copyright owner or      are authorized to act on the copyright owner’s behalf
• A      physical or electronic signature of the copyright holder or authorized      representative

The Copyright Agent designated by East Coast Cabinets to receive notifications of claimed infringement is:

DMCA Notices   c/o Compliance Department   East Coast Cabinets  50595 IN-933, South Bend, IN 46637, USA info@eccabinets.com

• Only      DMCA notices should go to the Copyright Agent. Any other feedback,      comments, requests for technical support and other communications should      be directed to East Coast Cabinets customer care at the contact      information listed under “Contact Us.” 

You acknowledge that if you fail to comply with all of the instructions above, your DMCA notice may not be valid.

Reinstatement Process. If your submitted materials were removed or the access thereof has been disabled and you believe that such materials are not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submitted materials, you may send a counter-notice containing the following information to East Coast Cabinets designated Copyright Agent:

• Your      original or electronic signature 
• Identification      of the content that has been removed or to which access has been disabled      and the location at which the content appeared before it was removed or      disabled 
• A      statement "under penalty of perjury" by you that you have a good      faith belief that the content was removed or disabled as a result of a      mistake or misidentification of the content 
• Your      name, address, telephone number and, if available, email address; a      statement that you consent to the jurisdiction of the Federal District      Court for the judicial district in which your address is located, or if      your address is located outside of the United States, for any judicial      district in which East Coast Cabinets is located; and that you will accept      service of process from the person who provided the original notification      of infringement or an agent of such person 
• If a      counter-notice is received by the Copyright Agent, East Coast Cabinets may      send a copy of the counter-notice to the original complaining party      informing that person that it may replace the removed content or cease      disabling it within ten (10) business days. Unless East Coast Cabinets      Copyright Agent receives notice from the person who submitted the DMCA      notice that the copyright owner has filed an action seeking a court order      to restrain the relevant user from engaging in infringing activity      relating to the materials submitted to the site or East Coast Cabinets      system or network, East Coast Cabinets may replace or restore access to      the relevant content in ten (10) to fourteen (14) business days after      receipt of the counter-notice, at East Coast Cabinets sole discretion

Warranty Disclaimer; Limit of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE, MARKETPLACE PRODUCTS OFFERED BY MARKETPLACE SELLERS, AND THE INTERNET IN GENERAL. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EAST COAST CABINETS, ALL OF EAST COAST CABINETS SUBSIDIARY, PARENT OR RELATED COMPANIES, CALL CENTERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE 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.

EAST COAST CABINETS AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT BY EAST COAST CABINETS OR EAST COAST CABINETS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EAST COAST CABINETS SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITE IS HOSTED AND/OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND/OR (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A HARMFUL NATURE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY. EAST COAST CABINETS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE. YOU AGREE THAT EAST COAST CABINETS AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE SITE, THE INABILITY TO USE THE SITE, OR ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EAST COAST CABINETS AND/OR ITS SUBSIDIARIES AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This disclaimer does not apply to intentional or wanton acts on the part of East Coast Cabinets. This disclaimer constitutes an essential part of these terms.

You should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EAST COAST CABINETS 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 DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE CODE OF CONDUCT; (2) ANY ALLEGATION THAT ANY CONTENT OR OTHER MATERIAL YOU HAVE SUBMITTED OR TRANSMITTED TO THE SITE INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY; AND/OR (3) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE SITE. 

Dispute Resolution

Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. East Coast Cabinets makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms, and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.  

East Coast Cabinets and You each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost and mutually beneficial outcomes. Therefore, You and East Coast Cabinets each agree that, before either of us may commence an arbitration or assert a claim in small claims court, You and East Coast Cabinets will engage in the following informal dispute resolution process:  

• You      must first present any claim or dispute to East Coast Cabinets by      contacting the customer care center to allow East Coast Cabinets the      opportunity to resolve any dispute. To initiate informal dispute      resolution, You must provide East Coast Cabinets your full name and      contact information; a description of your claim; information about the      specific purchase, transaction or matter at issue; your counsel’s name and      contact information, if applicable; and a description of the relief      sought.  
• You      and East Coast Cabinets will personally meet and confer, via      teleconference or videoconference, in a good faith effort to informally      resolve any claim covered by this provision. If either You or East Coast      Cabinets is represented by counsel, that counsel may, but is not required      to, participate in the informal dispute resolution conference.        
• Either      party may request arbitration or a proceeding in small claims court, as      applicable, if your dispute cannot be resolved within sixty (60) days,      unless an extension is mutually agreed upon by us.   
• Any      statute of limitations will be tolled while You and East Coast Cabinets      engage in the informal dispute resolution process described in this      section. 

Choice of Law, Jurisdiction and Venue:  

• You      agree that this agreement and your use of the Site will be governed by the      laws of the state of Indiana. By using the Site, you consent to the      exclusive jurisdiction and venue of the courts, tribunals, agencies and      other dispute resolution organizations in South Bend, Indiana, in all      disputes (i) arising out of, relating to or concerning this agreement, the      Site and your use thereof; (ii) in which the Site and/or this agreement is      an issue or a material fact; or (iii) in which the Site or this agreement      is referenced in a paper filed in a court, tribunal, agency or other      dispute resolution organization.  

Waiver of Rights:  

• YOU      AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY      CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON      A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH      RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.  
• EAST      COAST CABINETS AND YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN      ANY ACTION, PROCEEDING, COUNTERCLAIM, CROSS CLAIM OR THIRD-PARTY CLAIM      ARISING OUT OF OR RELATING TO ANY DISPUTE ARISING UNDER THIS AGREEMENT. IF      FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, EAST      COAST CABINETS AND YOU AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU      UNDERSTAND THAT BY THIS AGREEMENT YOU ARE WAIVING THE RIGHT TO HAVE ANY      DISPUTE HEARD AND RESOLVED IN COURT BY A JURY.   

Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.  

• Arbitration      is different than court. There is no judge or jury, but the arbitrator can      award damages. Arbitration is final, binding and subject to only limited      review by a court. By using the Site, you agree to give up your right to a      trial in court except for certain small claims as described below.  
• You      agree that this arbitration section shall survive termination of this      agreement. This section shall be broadly interpreted to encompass all      disputes or claims arising out of or relating to your use of the Site. Any      dispute or claim made by you against East Coast Cabinets or against any of      East Coast Cabinets subsidiary, parent or affiliated companies arising out      of or related to your use of the Site, whether based on contract, statute,      tort, fraud, misrepresentation or any other legal theory, will be resolved      by binding arbitration, except that either party may elect to have such      claims heard in small claims court if they qualify for hearing by such      court.   
• You      must first present any claim or dispute to East Coast Cabinets by      contacting the customer care center to allow East Coast Cabinets the      opportunity to resolve any dispute, as outlined more fully above. Either      party may request arbitration or a proceeding in small claims court, as      applicable, if your dispute cannot be resolved within sixty (60) days,      unless an extension is mutually agreed upon by us. The arbitration of any      dispute or claim shall be conducted by and under the rules of the American      Arbitration Association (or another nationwide arbitration organization,      provided both parties mutually agree on an alternative arbitral tribunal),      and there will be NO JURY TRIAL. Any arbitration demand must be signed by      the claimant and must include a description of the claim; information      about the specific purchase, transaction or matter at issue; and a      description of relief sought. 
• You      and East Coast Cabinets agree that this agreement evidences a transaction      in interstate commerce and this arbitration provision will be interpreted      and enforced in accordance with the US Federal Arbitration Act and federal      arbitration law. Any such arbitration shall be brought and held in      Charlotte, North Carolina, and will be conducted in the English language. An arbitrator may not (i)      award relief in excess of or contrary to what this agreement provides;      (ii) order consolidation or arbitration on a classwide or representative basis; or      (iii) award punitive damages or any other damages aside from the      prevailing party’s actual damages, except that (a) the arbitrator may      award on an individual basis damages required by statute and may order      injunctive or declaratory relief pursuant to an applicable consumer      protection statute, and (b) in the event the claim brought is frivolous,      unreasonable or without foundation, or claimant continues to prosecute a      claim after the claim becomes frivolous, unreasonable or without      foundation, claimant will be required to reimburse respondent for its      costs, expenses and reasonable attorneys’ fees, amounts paid in the      investigation, defense and/or settlement of such claims, and all other      amounts allowed by law. In any arbitration applying those rules applicable      to large and/or complex cases, the arbitrators may also apply the Federal      Rules of Evidence, and the losing party may have the award reviewed in      accordance with the review procedures set forth in the selected      arbitrator’s rules.   
• Any      arbitration shall be confidential, and neither you nor East Coast Cabinets      may disclose the existence, content or results of any arbitration, except      as may be required by law or for purposes of enforcement or appeal of the      arbitration award. The decisions of the arbitrators shall be binding and      conclusive upon all parties involved, and any judgment or decision on any      arbitration may be entered in and specifically enforced      in any court having proper jurisdiction.   
• If      any portion of this section is determined by a court to be inapplicable or      invalid, then the remainder shall be given full force and effect.   
• Claimant      will be required to pay any applicable filing fees. All administrative      fees and expenses of arbitration will be divided equally between you and East      Coast Cabinets. Unless an applicable statute expressly permits awarding      attorneys’ fees to the prevailing party, each party will bear the expense      of its own counsel, experts, witnesses, and preparation and presentation      of evidence at any arbitration hearing. However,      as noted above, in the event the claim brought is frivolous, unreasonable      or without foundation, or claimant continues to prosecute a claim after      the claim becomes frivolous, unreasonable or without foundation, claimant      will be required to reimburse respondent for its costs, expenses and      reasonable attorneys’ fees, amounts paid in the investigation, defense      and/or settlement of such claims, and all other amounts allowed by      law.   

Changes to the Terms

These Terms are subject to change. You agree that East Coast Cabinets may change, terminate, modify, add, end or delete any of these the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time. We will indicate any such change or modification by posting the updated version of the terms and conditions on East Coast Cabinets website and changing the “Effective Date” at the beginning of the Terms. Any change to the Terms after your last usage of the Site will not be applied retroactively.

East Coast Cabinets, in its sole and absolute discretion, reserves the right to update, change, terminate, suspend, modify, add, end or delete any of these Terms, the Additional Terms (including for both PRO and Personal Accounts), any Programs (as defined herein) or any subprograms, benefits, special offers or rewards, in whole or in part, at any time with or without notice. Any changes or modifications will be effective immediately upon posting the revisions to https://www.eccabinets.com/l/about/terms-and-conditions-of-use, which posting will constitute notice of any such changes or modifications. Your continued use or participation constitutes your agreement to any changes or modifications. However, any change to the Terms after your last usage of the Site will not be applied retroactively.

Miscellaneous

You specifically acknowledge that East Coast Cabinets has the right to correct any errors in the Program(s), including, without limitation, any typo