Timberia.org - Terms of Use Agreement

WEB SITE USER AGREEMENT AND TERMS OF USE

Welcome to TIMBERIA.ORG online website (“Site”). Any person or an entity who wants to access the Site or to use the services provided on the Site (“Services”) must accept the terms and conditions of this User Agreement (“Agreement”), without change or modification.

Read and review the following terms of service thoroughly before using the Site and Services. By registering with the Site or using the Services, you agree to be bound by all terms and conditions of this Agreement as it then reads. If you disagree to be bound by the terms and conditions of this Agreement, please refrain from using or accessing the Site or the Services.

TIMBERIA.ORG Proprietorship (hereinafter "TIMBERIA.ORG") reserves the right to modify any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any amendments, modifications and changes will be valid and effective upon posting of the revisions on the Site. You are solely responsible for reviewing such notifications and any modifications and changes. Your further use of the Site and the Services including but not limited to registering with the Site, posting or modifying your content at the Site discussion forum or at any of the four Site exchange message boards, search for information on the Site, and communicating through e-mail messages using the Site services will constitute your acceptance of such amendments, changes or modifications. If you do not agree to any changes to this agreement, do not persist to use the Services or the Site.

Copyright

Acceptable Site Use

The Site may be used only for lawful purposes by those users who wish to trade wood products, woodworking or logging tools and equipment or to market their consultant services and investment opportunities. Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you do not qualify, please do not use our Site. When you register with the Site or use the Services, you must provide your truthful identifiable personal and business information including your valid name, mailing address, phone number, and e-mail address and other information required for registration with the Site and the for the use ofSite Services. If you represent a company or organization you must have the sufficient authority to bind such company or organization to this Agreement.

Privacy Policy

Please review carefully our Privacy Policy, which contains a description of the information gathering and dissemination practices for this Site. As a condition to the use of the Site, users of this Site expressly agree to the terms set forth in our Privacy Policy, which is incorporated by reference in to this Agreement as if they were fully set forth in this Agreement.

Account and Password

TIMBERIA.ORg will grant you a password and account designation upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Use of RSS Feeds

RSS is a free service offered by TIMBERIA.ORG to individuals for private, noncommercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted toward the RSS content, are strictly prohibited. You must use the RSS feeds as provided by TIMBERIA.ORG, and you may not edit or modify the text, content, or links supplied by TIMBERIA.ORG. To request permission for a particular use not permitted by these terms of use, please contact us.

Donations and Payments

We do not charge fees for accessing the Site or using the Services. However, TIMBERIA.ORG may receive on and off Site donations from the Site users and accept payments from TIMBERIA.ORG sponsors and supporters in exchange of placing their ads on our Site. You agree that such donations and payments made to TIMBERIA.ORG are non refundable. You also agree that all transactions originated on the Site and handled by third party merchant services are subjects to terms of such merchant services, conditions and policies.

Prohibited Site Uses

You must not, and by using the Site and Services you agree not to:

post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
post any material that is not entirely your own or for which you do not have full rights to use;
post material that reveals trade secrets, unless you own them or have the permission of the owner;
post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement;
post advertisements or solicitations of business, post chain letters or pyramid schemes;
impersonate another person; or post material that contains viruses, trojans, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
use this Site in order to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or in a manner that is defamatory, obscene, threatening, abusive or hateful.
post any incomplete, false or inaccurate information about yourself, your organization, and/or your postings;
post, advertise, or promote any franchise, "pyramid" scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity that requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
delete or otherwise revise any material posted by any other person;
use any device, software, or routine to interfere (or attempt to interfere) with the proper functionality of the Site or any activity being conducted on this Site;
undertake any action that imposes an unreasonable or disproportionately large load on this Site's infrastructure including without limitation "flooding," "spamming," "mailbombing," or "crashing" the Site;
use (or attempting to use) any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate, to frame, or search the Site other than the search engine and search agents available on the Site and other than generally available third party Web browsers.
access data not intended for you or logging into a server or account that you are not authorized to access;
probe, scan, or test the vulnerability of a the Site or network or to breach security or falsely authenticate yourself without proper authorization;
forge any TCP/IP packet header or any part of the header information in any e-maill message or the Site forum posting;
attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site.

Venue

TIMBERIA.ORG is not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items or technology assets from the seller to the buyer, and nothing in this Agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon delivery of the item to the buyer by the seller.

No Warranties

THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM TIMBERIA.ORG AND ITS INFORMATION PROVIDERS, TIMBERIA.ORG AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF TIMBERIA.ORG AND TIMBERIA.ORG'S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, NONE OF TIMBERIA.ORG NOR TIMBERIA.ORG'S AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIMBERIA.ORG OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Disclaimers

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. TIMBERIA.ORG MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND TIMBERIA.ORG MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. TIMBERIA.ORG ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Limitation of Liability

TIMBERIA.ORG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF TIMBERIA.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TIMBERIA.ORG'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Third Party Information and User Submissions

The Site may contain information submitted by third parties including users of TIMBERIA.OR. This information may be offensive, harmful, inaccurate, or deceptive. Those third parties are solely responsible for the content, accuracy and originality of the information they submit. TIMBERIA.ORG has no control over such third party content and TIMBERIA.ORG is not responsible for such third party content. TIMBERIA.ORG does not evaluate or endorse any third party information. It is your responsibility to evaluate all information provided on the Site.

Although we do not have any obligation to monitor third party information, TIMBERIA.ORG reserves the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us in our sole discretion and to disclose any information necessary to satisfy the law, regulation, or government request. We also reserve the right to permanently block any user who violates these terms and conditions.

Any content, information or other communication you transmit or post through this Site will be considered non-confidential and non-proprietary. TIMBERIA.ORG will have no obligations with respect to such information or content. TIMBERIA.ORG and its partners will be free to copy, disclose, distribute, incorporate and otherwise use such information as all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. TIMBERIA.ORG will own all right, title and interest, including all related intellectual property rights, to any offer postings, suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Site ("Submissions") and if required, you agree to assign such Submissions to TIMBERIA.ORG free of charge. TIMBERIA.ORG may use such Submissions as it deems appropriate in its sole discretion.

Links to Third Party Web Sites

TIMBERIA.ORG may provide links to third-party web sites. TIMBERIA.ORG does not recommend and does not endorse the content on any third party websites. TIMBERIA.ORG is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. TIMBERIA.ORG does not endorse any product advertised on the TIMBERIA.ORG Site.

Indemnification and General Release

You shall remain solely liable for the material you post, upload or transmit to the TIMBERIA.ORG Site, including but not limited to the content posted to discussion forums and four exchange message boards of the Site. You agree to indemnify and hold harmless the TIMBERIA.ORG, including its chapters, members and partners, as well as their respective directors, officers, employees and agents, from any claim, action, demand, loss, expense or damages (including attorneys' fees and related costs) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

In the event that you have a dispute with one or more users, you agree to release the TIMBERIA.ORG (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Governing Law & Dispute Resolution

These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Massachusetts.

You agree that any dispute or controversy arising out of, or in connection with, this Agreement, will be settled by binding arbitration to held in the the Commonwealth of Massachusetts in accordance with the rules (the "Rules") then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will be final, conclusive and binding and judgment may be entered on the arbitrators’ decision in any court having jurisdiction. The arbitrator(s) will apply Massachusetts law to the merits of any dispute or claim, without reference to rules of conflicts of law. The arbitration proceedings will be governed by federal arbitration law and by the Rules, without reference to state arbitration law.

You understand that this arbitration clause constitutes a waiver of rights to a jury trial and relates to the resolution of all disputes relating to all aspects to the relationship between the parties.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver and Severability of Terms

The failure of TIMBERIA.ORG to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

No Agency

We are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and TIMBERIA.ORG by this Agreement.

Termination

You agree that TIMBERIA.ORG may, at its sole discretion, deny You access to the Site and disable any account and password associated with you for any reason, including, without limitation, if TIMBERIA.ORG believes that You have violated the terms of this agreement. TIMBERIA.ORG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services offered under this Site (or any part thereof) with or without notice. You agree that TIMBERIA.ORG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services offered under this Site.

Entire Agreement

This Agreement constitute the entire agreement between you and TIMBERIA.ORG and govern your use of the Services, superceding any prior agreements between you and TIMBERIA.ORG.