BY ACCESSING THIS WEBSITE, YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS THIS WEBSITE. THE COMPANY RESERVES THE RIGHT TO AMEND, CHANGE, MODIFY, OR DELETE ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN OR ANY POLICY OR GUIDELINE OF THE SITE, AT ANY TIME IN ITS SOLE DISCRETION, WHICH SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE REVIEW THESE TERMS AND CONDITIONS UPON EACH USE AS THEY MAY HAVE CHANGED (see the “Last Updated” legend at the end of these Terms and Conditions). PLEASE NOTE THAT ANY AND ALL DISPUTES RELATED TO THE USE OF THIS WEBSITE MUST BE RESOLVED VIA FINAL AND BINDING ARBITRATION, AS MORE FULLY ADDRESSED BELOW.
PLEASE NOTE: If you are under the age of 13, you are not permitted to use the Site. If you are age 13-17, your parent or legal guardian must agree to be bound by these Terms and Conditions on your behalf and further agree to be fully responsible for your use of the Site, including all financial charges and legal liability that you may incur.
The TERMS AND CONDITIONS OF USE ("Terms and Conditions") apply exclusively to the user’s access to and/or use of, the website of Dunn Lumber Company, Inc., a Washington corporation ("Dunn Lumber Co." or the “Company”), located at www.DunnLumber.com (the "Site") and the information, services, products provided herein, and related delivery services (collectively, the "Services"). These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with the Company, or its subsidiaries or affiliates, for products, services or otherwise. In the event of a conflict between these Terms and Conditions and the terms or conditions of any other agreement you may have with the Company, the terms of such other agreement shall control. Furthermore, if you are using the Site on behalf of any entity or other party, you represent and warrant that you are authorized to accept these Terms and Conditions on such entity's or party’s behalf, and that such entity or party agrees to indemnify and hold the Company harmless for violations by you, the entity, or other party of these Terms and Conditions.
The Company may in its sole discretion and at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive any fees required to use the Site; or (iii) offer opportunities to some or all Site users. The Company further reserves the right, without notice and at its sole discretion, to terminate your account, access, and/or your use of the Site and to block or prevent future access to and use of the Site: (i) for any reason, (ii) for no reason, or (iii) if you violate any of these Terms and Conditions. Upon any such termination, your right to access and/or use the Site will cease immediately. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be accessing and/or using the Site (see Licensing and Site Access and Anti-Spam policy below).
Please review our Security and Privacy Notice, which also governs your visit to the Site, to understand our privacy practices (the "Additional Terms"). By using the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms and Conditions, and any reference to these Terms and Conditions includes the Additional Terms.
By using the Site or sending e-mails to the Company, you are deemed to consent (“opt in”) to receive emails from the Company, which may include commercial emails. You agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. In order to "opt-out" of receiving commercial emails from the Company, you must fully and completely follow the instructions for unsubscribing (as set forth in the emails that you receive from the Company). The Company shall be provided a reasonable period to update its files to reflect an opt-out election by the user.
All content included on the Site such as text, graphics, logos, images, audio clips, video, data, software, and other material (collectively, the "Content") is owned or licensed property of the Company and/or its suppliers or licensors and is protected by applicable copyright, trademark, patent or other proprietary rights. The Company and its suppliers and licensors expressly reserve all intellectual property rights in all Content and grant no right or license to utilize such Content without their prior written consent.
DunnLumber.com, “Your Deck Headquarters”, and any other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of the Company under United States and/or foreign law (collectively, the “Brand”). The Brand may not be used (i) in connection with any product or service that does not belong to the Company, (ii) in any manner that is likely to cause confusion among customers, or (iii) in any manner that disparages or brings the Company into disrepute. All other trade names, trademarks, and trade dress that appear on this Site that are not owned by the Company are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
The Company grants you a limited license to access and make use of the Site and the Content but only to the extent such access and/or use does not violate these Terms and Conditions. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any Brand or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express prior written consent from the Company. You may not use any meta tags or any other "hidden text" utilizing the Brand or other proprietary information without the express prior written consent of the Company. You may not use any direct linking or source-calling of any media presented on this Site.
Any unauthorized use of this Site immediately terminates your Site access and limited license to use the Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Company, its affiliates, or its products or services in a false, misleading, derogatory, disparaging, or otherwise offensive matter.
You may download, print and copy the Content so long as such actions are in compliance with these Terms and Conditions, provided that you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any unauthorized commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms and Conditions.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer with respect to the Site. You are responsible for all activities that occur using your account/password with respect to the Site. If the Site is breached and your personal information has been determined to have been compromised, the Company will to the extent required by applicable law notify you of any such issue.
If you post content or submit material, submit suggestions, ideas, comments, questions, or other information, such content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. The Company reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content.
If you post content or submit material, and unless we indicate otherwise in writing, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any location and in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
All items purchased from the Site are made pursuant to a separate agreement or contract. Unless otherwise stated in the separate agreement, all risk of damage, loss, and title for such items pass to you once such items are delivered to the carrier.
In the event that an item is mispriced on the Site for any reason, the Company reserves the right in its sole discretion to: (i) confirm with you whether you would like to continue with the order at the correct price or (ii) cancel the order and notify you of such cancellation. Please note that prices and availability of items on the Site are subject to change without advance notice.
Please note that there may be certain orders that the Company is unable to accept and must cancel. The Company reserves the right, at its sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged immediately upon placing your order and your order will be shipped within the time stated on the product specific page or as indicated under the "Shipping Policies" section of the Site. If your order is unable to ship within a reasonable period, your funds will be held as a deposit until the product ships. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by the Company’s credit and fraud avoidance department. The Company may also require additional verifications or information before accepting any order. The Company will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after payment received, the Company will issue a credit to the charged payment method for the amount of the initial charge, less applicable fees, tolls, and/or surcharges required by law.
The Company reserves the right in its sole discretion to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same payment account and to orders using the same billing and/or shipping address, or email address. The Company will provide notification to the customer e-mail and/or billing address provided should such limits be applied. The Company also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact the Company’s Customer Service department.
The Company makes every effort to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. If a product you purchase from the Company is not as described, your sole remedy is to return it in unused condition and obtain a refund of the purchase price.
The Company has also made every effort to display the colors and finishes of the products that appear on the site accurately. However, as the actual colors you see will depend on your monitor, the Company cannot guarantee that your monitor's display of any color or finish will be accurate. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
No product sold on this Site is marketed as Native American produced, a Native American product, or the product of a particular tribe, or related arts and crafts organization.
The information contained on the Site, including all contact information, telephone numbers, fax numbers, and electronic mail message addresses, may not be harvested, used for purposes of solicitation or any other purpose inconsistent with the informational objectives of the Site, or republished in any form without prior written permission from the Company.
The physical location of the headquarters of Company and contact information:
Dunn Lumber Company, Inc.
3801 Latona Ave NE
Seattle, WA 98105
You understand that placing an order through the Site may result in charges to you for the services or goods that you receive ("Charges"). Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges required by law. The Company reserves the right to withhold the provision of services or goods until it has received and deposited full payment. Charges paid by you are final and non-refundable, unless otherwise determined by the Company.
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
Anyone who accesses and/or uses the Site hereby agrees to defend, indemnify and hold harmless the Company, its directors, officers, employees, managers, employees, representatives, and assigns (collectively, “Representatives”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (i) any content or information that you post, store or otherwise transmit on or through the Site, (ii) your use of or inability to use the Site and/or Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the user content, your conduct, (iii) your violation of these Terms and Conditions, and/or (iv) your violation of the rights of any third party.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS OR INJURY YOU MAY EXPERIENCE THAT IS CAUSED BY OR RESULTING FROM YOUR ACCESS OR USE OF THE SITE OR RELIANCE ON ANY INFORMATION OBTAINED FROM THE COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INFORMATION ON THE WEBSITE.
THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, EVEN IF THE PARTY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE SITE OR ANY OF THE PRODUCTS OR SERVICES OBTAINED OR ACQUIRED THROUGH SUCH USE. NEITHER THE COMPANY NOR ITS REPRESENTATIVES SHALL BE RESPONSIBLE OR LIABLE FOR ANY WEBSITE INFORMATION A USER MAY OBTAIN ON OR THROUGH THE WEBSITE, AND ANY USE OF THE WEBSITE AND/OR RELIANCE ON SUCH WEBSITE INFORMATION IS SOLELY AT YOUR OWN RISK.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY THE COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM THE COMPANY ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
The Services may include software applications, which enable users to arrange and schedule transportation, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with the Company ("Third Party Providers"). Moreover, the Services may also include an option to receive transportation, logistics and/or delivery services for a stated price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by the Company in a separate written agreement with you, the Services are made available to you solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH THE COMPANY AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES, OR AS A TRANSPORTATION CARRIER.
By accessing and/or using this Site, you expressly agree that any dispute relating to or arising from the access or use thereof that cannot be settled by the parties through direct negotiation shall be resolved by binding arbitration to be conducted in Seattle, King County, Washington. A party may initiate arbitration of a dispute by serving the other party or parties with a written demand for arbitration, describing the dispute and identifying the relief sought with respect to it. Within twenty (20) days following service of a written demand for arbitration, the parties involved in the dispute shall attempt to reach agreement upon the selection of a qualified impartial arbitrator. If the parties cannot agree upon an arbitrator within twenty (20) days from the date written demand for arbitration is served, the party demanding arbitration may commence an action for the limited purpose of obtaining appointment of an arbitrator by the Presiding Judge of the Superior Court of the State of Washington for King County. The arbitration shall be conducted in accordance with the provisions of the Uniform Arbitration Act, RCW Chapter 7.04A. The arbitrator may grant injunctive or other relief as part of an interim or final award. Any arbitration award may be enforced by judgment entered in the Superior Court of the State of Washington for King County.
These Terms and Conditions shall be governed by and construed under law of the state of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws, and irrespective of the fact that any one of the parties is now or may become a resident of a different state. Any action or proceeding arising out of or related to these Terms and Conditions or your access and/or use of this Site must be brought in the state or federal courts located in Seattle, King County, Washington.
We reserve the right to change these Terms and Conditions, or the policies and conditions that govern the use of the Site at any time in our sole discretion. We encourage you to review the Site and these Terms and Conditions periodically for any updates or changes. By continuing to use the Site after being notified of a change to these Terms and Conditions, you accept such update.
Last updated February 27, 2024