Acceptance of Terms
Welcome to Waypoint Living Spaces®' ("Waypoint's") website. This page states the Terms and Conditions under which you may use the site ("Terms"). Please read this page carefully. By using this website, you agree to be bound by these Terms. Therefore, if you cannot accept these Terms, please do not use this site. Waypoint reserves the right to revise these Terms without notice to you by updating this posting. Therefore, you should visit this page periodically to review the Terms. Use of the site after any changes are posted to these Terms constitutes your acceptance of those changes.
Trademarks, Copyrights, and Restrictions
All materials on this site, including, but not limited to images, illustrations, graphics and text are protected by copyright under both United States and foreign laws. Unauthorized use of this material violates copyright, trademark, and other laws. You may not copy, republish, upload, post, transmit, or distribute in any way our site material. However, you may view and download a single copy of the material on this web site solely for your personal, non-commercial home use only, provided that all copyright and other notices contained in the materials are left intact. Any modification of this material or use of the material for any other purpose constitutes an infringement of Waypoint's copyright and other proprietary rights. Use of this material on any other web site or other networked computer environment is prohibited.
This site contains links to third party sites. Waypoint is not responsible or liable for the content of any such sites, or for the content of any sites that may be linked to this site. Links are provided for your convenience only and you access them at your own risk. The inclusion of any link on this site does not imply endorsement by Waypoint of the site. Third parties that wish to place a link on their website to a Waypoint web page may not do so without Waypoint's prior consent. In addition, any such approved links must refer to our company name or product names only in a plain text font and format and must follow our general trademark guidelines.
Privacy and Protection of Personal Information
The content of this site and the software it is based on or incorporates is provided "as is and "as available" and without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose or noninfringement. Waypoint makes no warranty as to the quality, accuracy, completeness or validity of any material and does not warrant that the functions contained on the website will be uninterrupted or error-free, or that defects will be corrected, or that the site content is free of viruses. Where applicable law does not allow the exlusion of implied warranties, the foregoing exclusions may not apply to you.
Under no circumstances or any theory of law shall Waypoint be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or the inability to use, this site, even if Waypoint has been advised of the possibility of such damages. In states where limitations of liability are not allowed or are limited, Waypoint's liability in such states shall be limited to the extent permitted by law. Although Waypoint has made every effort to display products and their colors as accurately as possible, the displayed colors of products will depend upon the monitor of the user and Waypoint cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Customers should view actual products before making purchasing decisions.
This site is controlled and operated by or on behalf of Waypoint from Virginia. Waypoint does not represent or warrant that any site materials are appropriate or available for use in other locations. If you choose to access the site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
Choice of Law
These Terms shall be governed by and construed in accordance with the laws of Virginia, as it is applied to agreements entered into and performed within that state. Any action brought to enforce this Agreement or matters related to this site shall be brought in either the state or federal courts of Virginia. If any provision is deemed void, unlawful, or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of these Terms shall remain in force. These Terms contain the entire agreement between you and Waypoint regarding the subject matter hereof.
Upon Waypoint's request, you agree to defend, indemnify, and hold harmless Waypoint, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) which Waypoint may become obligated to pay arising or resulting from your use or misuse of the site material or your breach of these Terms. Waypoint shall use reasonable efforts to provide notice to you of any such action or claim and reserves the right to assume or participate, at its expense, and to assume control over, the investigation, settlement and defense of any such action or claim, in which event, you agree to cooperate with Waypoint.
Information You Submit
During your correspondence with us that originates from this site, we may collect personal information about you such as your email address or other information that you choose to supply. We may request certain information from you in order to provide customer service to you, but you may always choose to respond electronically or not. We will use any information that you submit only to reply to your email or customer service request. We might also use that information to let you know of our other products or services in which you may be interested.
We do not sell or disclose information about your individual visits to our site or information that you might give us through the site, such as your name, address, email address or telephone number, to any outside companies; however, if you send us an inquiry relating to our products purchased through one of our business partners, we reserve the right to disclose such information to the business partner that sold your our products for customer service purposes. We may also share such information: (a) with our trusted partners under confidentiality agreements to help communicate with you about offers from us; (b) during legal procedures such as subpoenas and court orders; (c) if we merge with or are acquired by a third party; or (d) in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving threats to the physical safety of any person, violations of our Terms, or as otherwise required by law.
Internet technology does not allow for absolutely accurate reproduction of wood, stain or colors. See your dealer for samples of actual colors.
Waypoint Living Spaces® Consumer Lifetime Limited Warranty
The manufacturer of Waypoint Living Spaces® cabinetry hereby warrants to the original purchaser, for residential applications only, that all Waypoint® cabinetry, cabinets and accessories are free from defects in materials and workmanship. This warranty runs for as long as you own your home and begins upon the date of delivery to you. This warranty is expressly limited to repair or replacement of the defective part at the manufacturer of Waypoint® cabinetry, and does not include labor for removal or replacement. This warranty does not extend to defects caused by improper handling, storage, installation, assembly or disassembly, intentional damage, product modifications, exposure to the elements including humidity which may result in warping or splitting, accidental misuse, abuse or negligence.
Natural woods may vary in texture, color and wood grain, and exhibit subtle changes as they age. For example, wood joints may eventually have visible cracking around the joint area and cabinet colors may darken or lighten over time. Sunlight, smoke, moisture, household cleaners and other environmental conditions may cause materials to vary from their original color and/or to warp, split or crack. These variations are considered to be the nature of the material in relation to their environmental exposure and are not covered under this warranty.
Additional Limitations and Disclaimers
The manufacturer of Waypoint® Cabinetry makes no other warranties other than those set forth herin and all other warranties are hereby disclaimed. The implied warranties of merchantability and fitness for a particular purpose are limited in duration to the length of the limited warranty period. The limited warranties set forth herin are limited to the first, and original buyer and are not transferable thereafter. In no event shall American Woodmark be liable for incidental or consequential damages to the purchaser or to any third party, including, without limitation, damages arising from personal injury, lost profits, loss of business opportunity, loss of property, economic losses, or statuatory or exemplary damages, whether from negligence, warranty, strict liability or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long an implied warranty lasts, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
All claims for defective cabinets and accessories must be submitted to the manufacturer in writing and must specify the defects present in the cabinets and accessories. After the manufacturer has had an opportunity to inspect the cabinets and accessories, it will, at their discretion, either replace defective cabinets and accessories or repair any defects in the cabinets and accessories. All claims must be submitted to the following address: Waypoint Living Spaces® Claims Department, Post Office Box 1980, Winchester, Virginia 22604.