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Sites Governed by Terms and Conditions
Welcome to the Timberline site. This site and other sites that may currently exist and/or be established by Timberline (each, a “Site”, and collectively, the “Sites”) as a service to its customers are governed by these Terms and Conditions of Use. Timberline requests that you carefully read these Terms and Conditions and our Privacy and Security Policy before using any of our Sites.
Timberline does not sell products for purchase by children. If you are under 18, you may use the Sites only with the involvement of a parent or guardian. Please refer to our Privacy and Security Policy for information regarding our Children’s Privacy Policy.
Changes to Terms and Conditions
Timberline may revise these Terms and Conditions at any time, at its sole and absolute discretion, by posting an updated version on the Sites. Any changes that we make will be effective immediately upon posting. Please check this page periodically for changes. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Sites.
Registration Data and Privacy
In order to access some of the services on this site, you may be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms and Conditions of Use.
Use of Site
The design and all text, graphics, images, information, content, and other material displayed on the Sites (whether or not such can or cannot be downloaded from any of the Sites) are either the property of, or used with permission by, Timberline and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of Timberline, if owned by Timberline, or the owner of such material, if owned by a third-party. You may not modify the information or materials located on any of the Sites in any way, manner or form or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, private or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Trademarks
Linking to the Sites
Creating or maintaining any link from another website to any page on any of the Sites without Timberline’s prior written permission is prohibited. Running or displaying any of the Sites or any material displayed on any of the Sites in frames or through similar means on another website without Timberline’s prior written permission is prohibited. Any permitted links to any of the Sites must comply will all applicable laws, rule and regulations.
Third Party Links
User Information and User Content
Other than personally identifiable information, which is subject to Timberline’s Privacy and Security Policy, any material, information, suggestions, ideas, concepts, know-now, techniques, questions, comments, reviews, messages, recommendations, or other communication or other user-generated content (including, without limitation, videos, photos or other materials or items) you transmit or post to any Site in any manner (“User Content”) are and will be considered non-confidential and non-proprietary, even if the User Content is in a password-protected area. Timberline, and each of its affiliates and/or their designees, may use any or all User Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing, in any manner whatsoever, for any or all commercial or non-commercial purposes. Without limiting the foregoing, Timberline reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Timberline is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to Timberline. Timberline shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties. If it is determined that you retain moral rights (including rights of attribution or integrity) in any User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to tile publication, use, modification, deletion and exploitation of the User Content by Timberline or each of its affiliates and/or their designees; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Timberline and its affiliates and/or their designees, from any claims that you could otherwise assert against any of them by virtue of any such moral rights. You also permit any other user to access, view, store, or reproduce the User Content for that user’s personal use. If User Content is shared with third parties, those third parties may have retained copies of your User Content. In addition, if we make use of your User Content before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete tile User Content. Terminating your account on a Site will not automatically delete your User Content.
Timberline may refuse or remove any User Content without notice to you. Without limiting the foregoing, Timberline retains the right to remove any or all User Content that includes any material Timberline deems, in its sole and absolute discretion, inappropriate, unacceptable or not proper for its Sites.
Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, discriminatory or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Without in any way limiting the foregoing, if you submit any User Content or participate in an Interactive Area, you agree to abide by the following rules of conduct:
• you will not impersonate any person or entity, including, but not limited to, any Timberline employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• you will not interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about any other user or posting private information about a third party;
• you will not upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component;
• you will not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid Schemes,” or any other form of solicitation; and
• you will not upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right, and you bear the burden of demonstrating that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right. Without in any way limiting the foregoing, you represent and warrant that you have tile consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by Timberline and that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American
Account and Password
Privacy and Security
Content Accuracy
DISCLAIMERS
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
Product Safety
Indemnification
Security and Password
Participation in Promotions
E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and Timberline to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. You hereby consent to tile exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Suffolk County, New York in all disputes (a) arising out of, relating to, or concerning any of the Sites, any Timberline product and/or these Terms and Conditions, (b) in which any of the Sites and/or these Terms and Conditions are an issue or a material fact, or (c) in which any of the Sites and/or these Terms and Conditions are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of any of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions, including without limitation this paragraph and tile warranty disclaimers and liability exclusions above. Timberline has endeavored to comply with all legal requirements known to it in creating and maintaining each of the Sites, but makes no representation that materials on any of the Sites are appropriate or available for use in any particular jurisdiction. Use of any of the Sites is unauthorized in any jurisdiction where all or any portion of such Site may violate any legal requirements and you agree not to access such Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms and Conditions is at your own risk and, if any part of these Terms and Conditions are invalid or unenforceable under applicable law, tile invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of tile original provision and the remainder of the Terms and Conditions shall govern such use.
With the prior written agreement of Timberline, any claim, dispute or controversy arising out of, relating to or concerning any of the Sites and/or these Terms and Conditions may be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in New York, New York. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
Termination
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. You are personally liable for any orders that you place or charges that you incur prior to termination. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We reserve the right to change, suspend, or discontinue all or any aspect of any of the Sites at any time without notice.
Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department at 800-445-0077 Monday through Friday 9:00 a.m. to 5:00 p.m. EST.
Entire Agreement
These Terms and Conditions, the Privacy and Security Policy, and terms of sale of any Timberline products sold to you constitute the entire agreement between you and Timberline with respect to the Sites. These Terms and Conditions, the Privacy and Security Policy, and terms of sale of any Timberline products sold to you supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Timberline with respect to the Sites. No modification or waiver of these Terms and Conditions, the Privacy and Security Policy, and terms of sale of any Timberline products sold to you shall be effective unless authored by Timberline, or unless they are physically signed in blue ink by an Timberline executive officer. Any adjudicated waiver of any breach of These Terms and Conditions, the Privacy and Security Policy, and terms of sale of any Timberline products sold to you shall not be deemed to be a waiver of any unwaived provision or of any other breach or future breach. A printed version of these Terms and Conditions, the Privacy and Security Policy, and terms of sale of any Timberline products sold to you, and/or of any notice given by Timberline, in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of any of the Sites to the same extent and subject to tile same conditions as other business documents and records originally generated and maintained by Timberline in printed form.
All other trademarks not owned by Timberline or its affiliates that appear on any of the Sites are the property of their respective owners, who mayor may not be affiliated with, connected to, or sponsored by Timberline or its affiliates or subsidiaries.
Miscellaneous
Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
No Money Back Guarantee
Unless otherwise agreed to in writing by an authorized executive officer of Timberline, all sales hereunder are final and, unless obligated by law, Timberline shall not in any way be obligated to accept any returns of any product or refund any money to you or to any other person for products purchased.