Agreement between User and allamericanreclaim.com
Welcome to allamericanreclaim.com. The allamericanreclaim.com website (the “Site”) is comprised
of various web pages operated by All American Reclaim, Inc. (“All American Reclaim”).
allamericanreclaim.com is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein (the “Terms”). Your use of
allamericanreclaim.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
allamericanreclaim.com is an E-Commerce Site.
We sell reclaimed barn wood, antiques, decor and reproduction antiques as well as other vintage
or unique items.
Privacy
Your use of allamericanreclaim.com is subject to All American Reclaim’s Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting allamericanreclaim.com or sending emails to All American Reclaim constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
All American Reclaim does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use allamericanreclaim.com
only with permission of a parent or guardian.
Cancellation/Refund Policy
45 day return policy on most items. Must contain original packaging and return shipping is the
responsibility of the buyer. Please email with any questions and concerns and we will do our best
to get you taken care of in a timely manner.
If breakage occurs in your shipment, please email us at AllAmericanReclaim@gmail.com . Include
pictures and descriptions. Please do not throw away packaging until all issues have been resolved
with shipping company. All claims of damage must be reported within 5 business days.
Links to Third Party Sites/Third Party Services
allamericanreclaim.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of All American Reclaim and All American Reclaim is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. All American Reclaim is providing these links to you only as
a convenience, and the inclusion of any link does not imply endorsement by All American Reclaim
of the site or any association with its operators.
Certain services made available via allamericanreclaim.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
allamericanreclaim.com domain, you hereby acknowledge and consent that All American Reclaim
may share such information and data with any third party with whom All American Reclaim has a
contractual relationship to provide the requested product, service or functionality on behalf of
allamericanreclaim.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
allamericanreclaim.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to All American Reclaim that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of All American Reclaim or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
All American Reclaim content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of All American Reclaim and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of All American Reclaim or our licensors except as expressly
authorized by these Terms.
International Users
The Service is controlled, operated and administered by All American Reclaim from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the All American Reclaim
Content accessed through allamericanreclaim.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless All American Reclaim, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
All American Reclaim reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with All American Reclaim in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and All American Reclaim agree otherwise, the arbitrator may
not consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. ALL AMERICAN RECLAIM, INC. AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ALL AMERICAN RECLAIM, INC. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. ALL AMERICAN RECLAIM, INC. AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ALL AMERICAN RECLAIM, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF ALL AMERICAN RECLAIM, INC. OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
All American Reclaim reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby
consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and All American Reclaim as a result of this agreement or use of the Site. All American
Reclaim’s performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of All American Reclaim’s right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by All American Reclaim with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and All American Reclaim with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and All
American Reclaim with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
All American Reclaim reserves the right, in its sole discretion, to change the Terms under which
allamericanreclaim.com is offered. The most current version of the Terms will supersede all
previous versions. All American Reclaim encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
All American Reclaim welcomes your questions or comments regarding the Terms:
All American Reclaim, Inc.
990 W. Northwest Highway
Lake Barrington, Illinois 60010
Email Address:
allamericanreclaim@gmail.com
Telephone number:
224-209-8283
Effective as of April 09, 2020