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Terms and Conditions*

TERMS AND CONDITIONS OF USE

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.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF AND CONDITIONS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

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 Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Sites.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

Trademarks, trade names, service marks and logos used or displayed on the Sites are registered and unregistered trademarks, trade names and service marks of Timberline. Nothing contained on any of the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the Sites without the prior written permission of Timberline.

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

From time to time, the Sites may contain links to websites that are not owned, operated or controlled by Timberline, or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave our Site. Neither Timberline nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither Timberline nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from one of the Sites, you do so entirely at your own risk.

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.

You are solely responsible for your use of any comment sections, discussion forums, bulletin boards or other interactive features (“Interactive Areas”) and use them at your own risk. Timberline is not responsible for User Content submitted to any Site or posted in any comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of any Site. Timberline may in its sole and absolute discretion, but is not obligated to, monitor or review any User Content and you agree that Timberline will not be liable for User Content or any loss or damage resulting from User Content. Timberline shall have no obligations to use, return, review, or respond to any User Content. Timberline will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and you represent and warrant that you have all rights necessary to grant to Timberline the rights granted above and that none of your User Content are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

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 upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, impugn, malign, stalk or threaten others; (b) is offensive (such as, but not limited to, expressions of bigotry, racism, abusiveness, vulgarity, obscenity or profanity); (c) violates or promotes violation of any law or advocates or provides instruction on activity that would constitute a criminal offense or give rise to a civil liability; (d) contains advertising or any solicitation with respect to products or services without the prior written permission of Timberline in its sole and absolute discretion; (e) does not generally pertain to the designated topic or theme of any Interactive Area;

• 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 interfere with or disrupt any Site or the servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any Site;

• 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

Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by Timberline.

Any conduct that may in Timberline’s sole and absolute discretion restrict or inhibit anyone else from using or enjoying any Site will not be permitted. In addition to any remedies that Timberline may have at law or in equity, if Timberline reasonably believes that you have violated or are likely to violate the foregoing prohibitions, Timberline may take any action it deems necessary, in its sole and absolute discretion, to cure or prevent the conduct and/or violation, including without limitation, the immediate removal from the Site(s) of the applicable and/or related materials. Timberline will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Timberline to disclose tile identity of anyone posting such materials.

Account and Password

If you use any Site, you are responsible for maintaining the confidentiality of your account and password, if applicable, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Privacy and Security

We respect the privacy of our customers. Please read our Privacy and Security Policy which is designed to help you understand what information we gather online and what we do will that information. Privacy and Security Policy

Content Accuracy

Timberline tries to ensure that the information provided on any of our Sites or in any Timberline catalog or advertisement is accurate and up-to-date but does not guarantee the accuracy or completeness of the information provided on any Site or in any Timberline catalog or advertisement. Without in any way limiting the foregoing, Timberline disclaims any and all responsibility for the accuracy or completeness of any information on any Site, any catalog and/or any advertisement and disclaims any and all responsibility for the accuracy completeness of any content in User Content. Timberline reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time, including but not limited to pricing, size, availability and quantity information, without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to any information on the Sites, in catalogs and advertisements including product description, pricing and availability. Photos may vary. Pricing and shipping and handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.

DISCLAIMERS

YOUR USE OF THE SITES IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITES, IF PROVIDED, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER Timberline, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS WARRANTS THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES ON THE SITES. THE INFORMATION, MATERIALS AND SERVICES ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER Timberline, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH ANY OF THE SITES ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WRITTEN WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Timberline HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH ANY OF THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Timberline HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. Timberline MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

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

Timberline and its service providers, if any, assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing any Site or your downloading of any materials, from any Site.

IN NO EVENT WILL Timberline, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, NOR ITS SERVICE PROVIDERS, IF ANY, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF ANY SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING. WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF ANY Timberline PRODUCTS AND/OR ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF ANY OF THE SITES, ANY WEBSITES LINKED TO ANY OF THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER SUCH DAMAGES ARE FORESEEABLE OR UNFORESEEABLE, AND/OR WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLYTO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE 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 WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

IN THE EVENT OF ANY PROBLEM WITH ANY OF THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES IN THE EVENT OF ANY PROBLEM

WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH ANY OF THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE APPLICABLE SITE. UNDER NO CIRCUMSTANCES SHALL Timberline BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING. WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION).

Product Safety

Certain products displayed and/or sold on this Site, even if used properly, may cause serious injury. You are responsible to read all safety warnings and use instructions relating to the product and on the product packaging. You must also receive the necessary training for use of such products prior to their use. Timberline is not responsible for any injuries caused to you or others as a result of the use of its products or any other products sold on this Site.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

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.

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

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

Choice of Law; Jurisdiction

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.