Effective Date: December 14, 2022

MLLC Website Terms of Use

These terms of use (“Terms”) govern your use of the MasterBrand Cabinets LLC. (“MLLC,” “we,” “us,” or “our”) website located at http://www.masterbrand.com (or any successor sites or URLs) and other websites administered by MLLC where these Terms are posted and any online services MLLC provides (collectively, “Site”). By accessing, using, or posting anything to the Site, you agree to these Terms and to use the Site in accordance with all applicable laws and regulations. We may update these terms from time to time, and the most recent version of the Terms will be posted on the Site. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Site, or updating the date at the top of these Terms. Your continued use of the Site after such changes constitutes your acceptance of these updated Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE. BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 17, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 17, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND MLLC WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

1. Eligibility and Use Restrictions

Users under 18 years of age (or the age of legal majority where the user lives) may only use our Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Site. If you are a parent or legal guardian and you believe that your child under the age of 18 is using our Site without your consent, please contact us at privacy@masterbrand.com.

2. Ownership of Intellectual Property

(a) All content on the Site that we provide, including text, graphics, logos, icons, images, headers, illustrations, audio clips, video clips, and software is owned or licensed by MLLC or the content providers and is protected by law, including United States and international copyright laws. Except as expressly authorized in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means.

(b) The name MasterBrand, MasterBrand Cabinets, MLLC, and those brands listed on our Site, and our logos, product or service names, slogans, and the look and feel of the Site are our trademarks and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Site are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

3. The License to Use the Site

MLLC grants you a limited, non-exclusive, and revocable license to access and use the Site and its contents for personal, family, or household purposes in accordance with these Terms and not for any commercial purposes. The content on the Site that is posted or otherwise made available by MLLC, including any text, graphics, photographs, videos, illustrations, images, and other content and their selection and arrangement, and all related intellectual property rights, are owned by MLLC or our third-party content providers and are protected under both United States and foreign laws. Subject to your compliance with these Terms, you may download material from the Site that MLLC makes available for download for your personal use; however, you may not transmit, broadcast, upload to any computer, mobile, or other device, create derivative works of, or make commercial use of the Site or any material provided or obtained through the Site, including, the names, photographs, videos, images, and other information used in any User Content (as defined below). Any use of the Site and its contents other than as specifically authorized by these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted under these Terms and violate our intellectual property rights. You acknowledge that we or our third-party content providers retain ownership of any materials posted on or made available through the Site and that you are not acquiring any ownership rights by downloading copyrighted materials.

4. User Content

(a) You represent and warrant that all information or material that you submit, create, post, store, or share to the Site, including any images, photographs, graphics, or pictures (“User Content”), is owned by you, is true, accurate, and current. When you post or otherwise share User Content on or through our Site, you understand that your User Content and any associated information may be visible to others and is non-confidential and MLLC has no confidentiality obligation of any kind with respect to such information. By submitting any User Content to or through the Site, you represent and warrant that:

  • (i) you are the copyright owner of such User Content;
  • (ii) you have the rights necessary to grant the licenses and sublicenses described in these Terms; and
  • (iii) your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any rights of publicity or privacy, intellectual property rights, or other proprietary rights, or cause injury to any person or entity.

(b) Except for the license you grant below, as between you and us, you retain all rights in and to your User Content, excluding any portion of the Site included in or associated with your User Content. You grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation of any kind to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.

(c) In addition, MLLC is free to use, without obligation of any kind to you or any third parties, any ideas, concepts, techniques, or know-how contained in any communication (including any User Content) you send through the Site for any purpose whatsoever, without any further consent, notice, and/or compensation to you or any third parties. You also acknowledge and agree that MLLC may develop on its own, or through vendors it engages, ideas, concepts, and materials that may be similar or identical in theme, idea, format, or other respects to your User Content.

(d) You acknowledge and agree that MLLC does not have now, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or any other intellectual property or confidentiality, privacy and/or publicity interest in and to any User Content submitted by you.

(e) We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.

(f) You may not create, post, store, or share any User Content that:

  • Is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material or content and to grant the right to use such materials or content as provided in these Terms (this includes, a prohibition on submitting a photograph of or including another person without that person’s permission);
  • Contains or depicts any false information or misrepresentation that could result in liability or damage to MLLC or any third party;
  • Is unlawful, obscene, defamatory, libelous, threatening, pornographic, graphic or gratuitously violent, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate;
  • Impersonates another person, including submitting photographs of another person as your own;
  • Transmits worms, viruses, corrupted data, other malicious codes, or other harmful, disruptive, or destructive files or content;
  • Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent; or
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, or may expose us or others to any harm or liability of any type.

(g) Enforcement of any part of this Section 4 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 4 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms or that objectionable material will be promptly removed after it has been posted.

(h) We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:

  • Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including for any violations of applicable law or these Terms;
  • Terminate or suspend your access to all or part of the Site, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
  • Take any action with respect to your User Content that is necessary or appropriate, in our sole discretion, to ensure compliance with applicable law and these Terms, or to protect our rights or those of a third party, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
  • As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Site.

5. Prohibited Conduct

(a) You will not use our Site if you are not eligible to use our Site in accordance with these Terms and will not use our Site other than for its intended purpose. Further, you will not, in connection with our Site:

  • Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • Use or attempt to use another user’s account or information without authorization from that user and us;
  • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Site, except as expressly permitted by us or our licensors in writing;
  • Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
  • Use our Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Site or that could damage, disable, overburden, or impair the functioning of our Site in any manner;
  • Reverse engineer any aspect of our Site or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
  • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Site;
  • Develop or use any applications or software that interact with our Site without our prior written consent;
  • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
  • Use our Site for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

(b) Enforcement of this Section 5 is solely at our discretion, and failure to enforce this Section 5 in some instances does not constitute a waiver of our right to enforce it in other instances.

6. Product Listings

(a) The Site may make available listings, descriptions, and images of products, as well as references and links to products and coupons or discounts for products (“Listings”). Such products may be made available by us or by third parties, and any listings, descriptions, and images are being provided for general information purposes. The availability through the Site of any listing, description, or image of a third-party product does not imply our endorsement or guarantee of such product or affiliation with the provider of such product. We attempt to ensure that any such Listings are complete, accurate, and current, but despite our efforts, the Listings may occasionally be inaccurate, incomplete, or out-of-date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Listings (including any features, specifications, and prices contained within). Such Listings and the availability of any product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures, specifications, and similar descriptions are approximate and are for convenience only.

(b) We use commercially reasonable efforts to provide accurate product photography and illustrations, the rendering and color accuracy for which are subject to currently available print and web technologies. Due to variations in an individual user’s monitor settings, calibrations, color printing settings, and lighting sources, we cannot guarantee that any cabinets or other products you purchase based on use of our Site will be an exact match to the colors represented on our Site or on a home printer output. To ensure highest satisfaction, we suggest you view an actual sample from your nearest dealer for best color, wood grain, and finish representation.

7. Third-Party Sites

The Site may allow you to access and interoperate with third-party websites, software applications, and data services that are not under our control (“Third-Party Sites”). Your access to and use of any Third-Party Sites is governed by the terms and conditions for such offerings provided to you at the time you access such Third-Party Sites, as well as any applicable third-party rules, requirements, or terms, and you hereby agree to adhere to such terms. MLLC has no obligation to monitor Third-Party Sites, and we may block or disable access to any Third-Party Sites (in whole or part) through our Site at any time. MLLC makes no representations whatsoever concerning the content of those websites. The fact that we have provided a link to a Third-Party Site is NOT an endorsement, authorization, sponsorship, or affiliation by MLLC with respect to such Third-Party Site, its owners, or its providers. We provide these links only as a convenience to you. We have not tested any information, software, or products found on these Third-Party Sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

8. Data You Provide

(a) You may provide certain information to us in connection with your access or use of our Site, or we may otherwise collect certain information about you when you access or use our Site. You agree to receive emails, and other types of communication from us via the Site using the email address or other contact information you provide in connection with the Site.

(b) Further, if you decide, or if at any time you are asked, to register for or complete an application available through any part of the Site, you agree to:

  • (i) provide true, accurate, and complete information about yourself as prompted by the registration or application form; and
  • (ii) maintain and promptly update the data to keep it true, accurate, current, and complete.

(c) For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

9. Login Names and Passwords

(a) Certain areas and features of the Site may be accessible only to users who have been issued a login name and password (collectively “User Account”). For the purposes of accessing the Site, the User Account remains the property of MLLC. MLLC may, at its discretion, cancel or suspend the User Account and deactivate or delete any related information and/or files associated with the User Account or bar access to such information and/or files at any time without any notice or liability to you or any other person.

(b) MLLC is not under any obligation to verify the actual identity or authority of any person using a User Account to access and use the Site. MLLC may act upon any communication that is given with the use of a User Account. MLLC may, at its discretion, and at any time, require proof of the identity of any person seeking to access and use the Site and may deny access to and use of the Site or parts of it or refuse to accept or act upon any communication if MLLC is not satisfied with such proof.

(c) If you have been issued a User Account, you: (i) represent that you are a resident of the United States, have reached the age of majority where you live, and can form legally binding contracts under applicable law; (ii) represent that are not a person barred from receiving services under applicable law; (iii) agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by any registration form(s) on the Site (the “Registration Data”); and (iv) will keep the User Account secure and confidential at all times and not disclose the User Account to any other person or permit any other person to use the User Account.

10. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about us or our products or Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, products, or Site, or to improve or develop new products, services, or the Site in our sole discretion. We will exclusively own all improvements to, or new, products or services, based on any Feedback. You understand that we may treat Feedback as nonconfidential.

11. Indemnification

(a) To the fullest extent permitted by applicable law, you will indemnify, defend, and hold MLLC, its affiliates, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “MLLC Parties”) harmless from and against any losses, liabilities, claims, demands, damages, and expenses, including reasonable attorneys’ fees and costs (collectively “Claims”), arising out of or related to:

  • (i) your access to or use of the Site;
  • (ii) your User Content or Feedback;
  • (iii) your violation of these Terms;
  • (iv) any violations of these Terms or applicable law that arises from the use of User Content; or
  • (v) your conduct in connection with the Site. Upon our request, you will furnish any documentation, substantiation, or releases necessary to verify your compliance with these Terms.

(b) You will promptly notify MLLC of any third-party Claims involving an MLLC Party, cooperate with MLLC Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). The MLLC Parties will have control of the defense or settlement, at MLLC’s sole option, of any third-party Claims.

12. Notices of Intellectual Property Infringement

If you are a trademark or copyright owner and you believe that your intellectual property rights have been violated, please access and follow our Proprietary Rights Complaints Notification Process.

13. Sweepstakes and Contests

From time to time, MLLC may make sweepstakes, promotions, and contests available to users of the Site and others (“Promotions”). All Promotions are governed by these Terms and the applicable official rules of the respective Promotion that we publish or otherwise make available. By participating in a Promotion offered through the Site, you signify your agreement and acceptance of these Terms and the applicable official rules. If the official rules for a Promotion conflict with these Terms, the official rules for the Promotion will govern.

14. Disclaimers

(a) YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, LINKS TO OTHER WEBSITES, OR ANY OTHER MATERIAL INCLUDED IN THE SITE OR THE ACCURACY OR CONTINUED AVAILABILITY OF ANY OF THE FOREGOING.

(b) WHILE WE PROHIBIT CERTAIN CONDUCT AND CONTENT, YOU UNDERSTAND THAT WE CANNOT BE RESPONSIBLE FOR THE CONTENT DISSEMINATED VIA THE SITE AND YOU NONETHELESS MAY BE EXPOSED TO CERTAIN CONTENT. THEREFORE, YOU USE THE SITE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING: (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF THE SITE; AND (III) ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN ADDITION, WE DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE OR ERROR FREE.

15. Limitation of Liability

(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MLLC AND THE OTHER MLLC PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF MLLC OR THE OTHER MLLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) THE TOTAL LIABILITY OF MLLC AND THE OTHER MLLC PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SITE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO US $20.

(c) MLLC DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITE.

(d) THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF MLLC OR THE OTHER MLLC PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

16. Release

To the fullest extent permitted by applicable law, you release MLLC and the other MLLC Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

17. Dispute Resolution; Binding Arbitration

(a) PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MLLC TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND MLLC FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND MLLC AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. MLLC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

(b) FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

(c) For any dispute or claim that you have against MLLC, that MLLC has against you, or that you have or MLLC has arising from or relating to these Terms, our products, or our Site, or any aspect of the relationship between you and MLLC as relates to these Terms, our products, or our Site, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and MLLC agree to attempt to first resolve the Claim informally via the following process:

  • If you assert a Claim against MLLC, you will first contact MLLC by sending a written notice of your Claim (“Claimant Notice”) to MLLC by certified mail addressed to Legal Department, One MasterBrand Cabinets Drive, Jasper IN, 47546 or by email to legal@masterbrand.com. The Claimant Notice must:
    • (i) include your name, residence address, email address, and telephone number;
    • (ii) describe the nature and basis of the Claim; and
    • (iii) set forth the specific relief sought.
  • If MLLC asserts a Claim against you, MLLC will first contact you by sending a written notice of MLLC’s Claim (“MLLC Notice”), and each of a Claimant Notice and MLLC Notice, (a “Notice”) to you via email to the primary email address associated with your account. The MLLC Notice must:
    • (i) include the name of an MLLC contact and the contact’s email address and telephone number;
    • (ii) describe the nature and basis of the Claim; and
    • (iii) set forth the specific relief sought.
  • If you and MLLC cannot reach an agreement to resolve the Claim within thirty (30) days after you or MLLC receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or MLLC first send the applicable Notice so that the parties can engage in this informal dispute-resolution process

(d) Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or MLLC, including any disputes in which you or MLLC seek injunctive or other equitable relief for the alleged unlawful use of your or MLLC’s intellectual property or other infringement of your or MLLC’s intellectual property rights (“IP Claims>”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 17(a), will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

(e) These Terms affect interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

(f) All Claims must be submitted to the American Arbitration Association (the “AAA”) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA.

(g) The then-current version of the AAA’s Consumer Arbitration Rules, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and MLLC:

  • YOU AND MLLC AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND MLLC ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against MLLC or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
  • For any arbitration you initiate, you will pay the consumer filing fee, and MLLC will pay the remaining AAA fees and costs. For any arbitration initiated by MLLC, MLLC will pay all AAA fees and costs.
  • For all arbitrations where the Claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply:
    • (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate;
    • (ii) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and
    • (iii) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.
  • If you or MLLC submits a dispute to arbitration and the arbitrator orders any exchange of information, you and MLLC agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and MLLC agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
  • The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
  • The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against MLLC or against you by the same or coordinated counsel or are otherwise coordinated.
    • In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and MLLC understand and agree that when twenty-five (25) or more similar claims are asserted against MLLC or you by the same or coordinated counsel or are otherwise coordinated, resolution of your or MLLC’s Claim might be delayed. For such coordinated actions, you and MLLC also agree to the following coordinated bellwether process. Counsel for claimants and counsel for MLLC shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
    • This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved.
    • The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or MLLC’s case is selected for a bellwether process, withdrawn, or otherwise resolved.
    • A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against MLLC or you.

(h) To the extent permitted by law, any Claim by you or MLLC relating in any way to these Terms, our products or our Site, or any aspect of the relationship between you and MLLC as relates to these Terms, our products, or our Site, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and MLLC will not have the right to assert the Claim.

  • (i) You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at legal@masterbrand.com or by certified mail addressed to Legal Department, One MasterBrand Cabinets Drive, Jasper IN, 47546. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
  • (a) You may reject any change we make to Section 17 (except address changes) by personally signing and sending us notice within 30 days of the change via email at legal@masterbrand.com or by certified mail addressed to Legal Department, One MasterBrand Cabinets Drive, Jasper IN, 47546. If you do, the most recent version of Section 17 before the change you rejected will apply.
  • (b) If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, including, because it is found to be unconscionable,
    • (i) the unenforceable or unlawful provision will be severed from these Terms,
    • (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17, and
    • (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
  • (c) Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section 17 of the Terms or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

18. Governing Law

Any Claims will be governed by and construed and enforced in accordance with the laws of the State of Illinois, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 17, then the state and federal courts located in the County of Lake, Illinois, will have exclusive jurisdiction. You and MLLC waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

19. Severability

If any portion of these Terms other than Section 17 is found to be unenforceable or unlawful for any reason, including because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms, (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms, and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

20. Termination

Notwithstanding any other provision of these Terms, MLLC may in its discretion, without any notice or liability to you or any other person, change, discontinue, modify, restrict, suspend, or terminate the Site, or any part thereof, including: (a) restricting the time the Site is available; (b) restricting the amount of use permitted; and (c) restricting any user’s right to use or access the Site. MLLC may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Site without any notice or liability to you or any other person.

20. General Terms

(a) MLLC’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties with respect to the Site and supersede all prior or contemporaneous agreements, representations, statements, understandings, and communications, whether oral, written, or electronic, of the parties. We may modify or update these Terms at our discretion from time to time, and the modified or updated terms will be effective when they are posted to the Site. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise set forth in these Terms, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between you and MLLC may be conducted electronically.

(b) You acknowledge and agree that no partnership is formed between you and MLLC and neither you nor MLLC has the power or the authority to obligate or bind the other. The failure of MLLC to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of MLLC, shall not be deemed a breach of these Terms.

MasterBrand Cabinets SMS Terms and Conditions

The MasterBrand Cabinets LLC is committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy and the security of the customer and their data. You can review our full privacy policy here: https://www.masterbrandcabinets.com/privacy-policy.

By participating in the MASTERBRAND Cabinets messaging program, you agree to be bound by these SMS Terms and Conditions. MasterBrand alerts are designed to provide contacts with text alerts related to the services they are receiving from MasterBrand.

Program Description: MasterBrand offers its text messaging program whereby MasterBrand, and any applicable service providers, will text message you to provide you with information concerning your account activity with MasterBrand and services or resources. By signing up for the text messaging program, you expressly consent to receive text messages from MasterBrand at the telephone number(s) that you provide.

Your Mobile Telephone Number: You also acknowledge that you are the current wireless service plan subscriber and/or an authorized user of the mobile phone number(s) that have been linked to your account or you have been granted permission by the wireless service plan subscriber and/or authorized user of the mobile phone number(s) to enroll the mobile phone number(s) in this service.

Opt-in Information: You grant express permission to send automated text messages to the enrolled mobile phone number(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these Terms and Conditions. You are not required to agree to receipt of text messages in order to receive any service from MasterBrand.

When you opt-in to the service, we will send you a message to confirm your signup. Text MASTERBRAND to 50214 to receive alerts from MasterBrand. Msg. Frequency of messages vary. Msg&data rates may apply. Text HELP for help, Text STOP to cancel

Opt-Out Information: To stop receiving text messages from MasterBrand, text STOP,END, CANCEL , UNSUBSCRIBE, or QUIT to the short code from which the text messages are being sent. You will then receive an additional text message confirming your decision to opt out.

You can cancel this service at any time. Just text "STOP" to 50214. After you send the message

"STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

If you want to join again, just sign up as you did the first time and we will start sending messages to you again.

Message Frequency: If you have opted into receiving text messages, you expressly consent and acknowledge that some messages are sent based on your interaction with MasterBrand and may vary in frequency depending on your account activity and your communication with MasterBrand.

Customer Support: To request more information, text HELP to the short code from which the text messages are being sent. You may also receive assistance by emailing at privacy@masterbrandcabinets.com or by calling (812) 481-7879

If at any time you forget what keywords are supported, just text "HELP" to 50214. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Cost: Message and data rates may apply, as provided in your mobile phone service rate plan. Check with your mobile phone carrier for your plan details.

Supported Carriers List:

  • AT&T
  • ACS/Alaska
  • Advantage Cellular (DTC Wireless)
  • Aio Wireless/Cricket
  • Appalachian Wireless
  • Atlantic Tele-Network International (ATN)
  • Bandwidth
  • Bluegrass Cellular
  • Buffalo Wireless
  • C Spire Wireless
  • CableVision
  • Carolina West Wireless (CWW)
  • CellCom USA
  • Cellular Network Partnership (PIONEER)
  • Cellular One of East Central Illinois
  • Chariton Valley Cellular
  • Chat Mobility USA
  • Copper Valley
  • Coral Wireless (Mobi PCS)
  • Cross Telephone Company (MBO Wireless)
  • Duet IP (Maximum Communications New Core Wireless)
  • Element Mobile (Flat Wireless)
  • Epic Touch (Elkhart Telephone)
  • GCI Communications Corp
  • Golden State Cellular
  • Google Voice
  • i Wireless (IOWA Wireless)
  • Illinois Valley Cellular (IV Cellular)
  • Immix (Keystone Wireless)
  • Inland Cellular Telephone Company
  • Leaco
  • Live
  • Mosaic (Consolidated or CTC Telecom)
  • MTA Communications
  • MTPCS (Cellular One Nation)
  • Nex-Tech Wireless
  • Northwest Missouri Cellular Limited
  • Panhandle Telecommunications Systems (PTCI)
  • Peoples Wireless
  • Pine Belt Wireless
  • Pine Cellular
  • Revol Wireless USA
  • RINA
  • Sagebrush Cellular (Nemont)
  • SI Wireless/Mobile Nation
  • SouthernLinc
  • Sprint/Boost/Virgin
  • SRT Wireless
  • Texas RSA 3 Ltd (Plateau Wireless)
  • Thumb Cellular
  • T-Mobile/MetroPCS
  • U.S. Cellular
  • Union Telephone Company (Union Wireless)
  • United Wireless
  • Verizon Wireless
  • Viaero Wireless
  • West Central Wireless (5 Star Wireless)

T-Mobile is not liable for delayed or undelivered messages.

Changes in terms: MasterBrand reserves the right to change these Terms and Conditions or cancel text messages service at any time. Any changes shall take effect when posted on MasterBrand Cabinet website. Your continued use and acceptance of text messages from MasterBrand after changes are made to the Terms and Conditions are deemed as acceptance of the modified Terms and Conditions. Therefore, please check these Terms and Conditions on a regular basis to ensure that you are aware of any change.

Limitation of Liability: To the maximum extent permitted by applicable law, you hereby agree that MasterBrand shall not be liable for any direct, indirect, consequential, special, incidental, punitive or any other damages, even if MasterBrand has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of Masterbrand text messages. The wireless carriers are not liable for delayed or undelivered messages. Furthermore, MasterBrand shall not be liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages.

Indemnity: To the maximum extent permitted by applicable law, you expressly agree to indemnify, defend and hold harmless MasterBrand from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses (including reasonable attorneys' fees), judgments or penalties of any kind or nature whatsoever arising from your use or receipt of MasterBrand text messages.