TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact with Timberlee Tool & Trade, also known as Timberlee and our subsidiaries and affiliates, in association with the use of the Timberlee website, which includes http://timberleeusa.com/ and its services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Timberlee Tool & Trade provides its customers with the finest American made goods to fully equip the modern woodsman.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this Terms of Service.
The User acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Timberlee Tool & Trade. At its discretion, Timberlee Tool & Trade may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Timberlee Tool & Trade does hereby reserve the right to cancel and cease offering any of the aforementioned services and or products. You, as the end user, acknowledge, accept and agree that Timberlee Tool & Trade shall not be held liable for any such updated, modifications, revisions, suspensions, or discontinuance of any of our services and/or products. Your continued use of the services provided after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications and as such frequent review of this agreement and any and all applicable terms and policies shall be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updates, modified, or revised terms you must stop using the provided services.
Furthermore, the user understands, acknowledges and agrees that the services offered shall be provided "AS IS" and as such Timberlee Tool & Trade shall not assume any responsibility or obligations for the timeliness, misdelivery, deletion, and/or any failure to store user content, communications, or personalization settings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply by all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting, and/or transferring of software, technology and other technical data may be subject to eh export and import laws of the US and possibly other countries. Through the use of our network you thus agree to comply with all applicable export and import laws, statues, and regulations, including, by not limited to, the export regulation administrations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the US (http://www.treasury.gov/resource-center/sanctions/programs/pages/programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandinforcement/liststocheck.html) nor a member of any other government which may be part of an export prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology, or any other technical data through the use of our network services to any export prohibited country;
c) agree not to use our website network services for any military, nuclear, missile, chemical, or biological weaponry and uses that would be a violation of the US export laws; and
d) agree not to post transfer nor upload any software, technology, or any other technical data which would be in violation of the US or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Timberlee Tool & Trade shall not lay claim to ownership of any content submitted by any visitor or user or made such content available for inclusion on our website services. Therefore you must hereby grant and allow Timberlee Tool & Trade the below listed worldwide royalty free and non-exclusive licenses as applicable:
a) The content submitted or made available for inclusion in the public accessible areas of Timberlee Tool & Trade's site the license provided to permit to use distribute, reproduce, modify, adapt publically perform and/or publically display said content on our network services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Timberlee Tool & Trade's sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, videos and/or graphics submitted or made available for inclusion on the publically accessible areas of Timberlee Tool & Trade's sites, the license provided to profit to use, distribute, reproduce, modify, adapt, publically perform, and/or publically display said content on our network services are for the sole purpose of providing and promoting the specific area in which this content was places and/or made available for viewing. This license shall be available so long as you are a member of Timberlee Tool & Trade's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publically accessible areas of Timberlee Tool & Trades sites, the continuous binding and completely sub-licensable license which is meant to permit use, distribute, reproduce, modify, adapt, publish, translate, publically perform, and/or publically display said content, whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publically accessible" areas of Timberlee Tool & Trade's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to visitors.
CONTRIBUTIONS TO COMPANY WEBSITE
Timberlee Tool & Trade provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions, and/or proposals ("contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Timberlee shall not be liable or under any obligation to insure or maintain confidentiality, expressed or implied, related to any contributions;
c) Timberlee shall be entitled to make use of and/or disclose any such contribution s in any such manner as they may see fit;
d) the contributors contributions shall be automatically become the sole property of Timberlee; and
e) Timberlee is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users hear and agree to insure and hold Timberlee Tool & Trade, and subsidiaries, affiliates, agents, employees, officers, partners, and/or licensers blameless or not liable for any claim of demand, which may include but is not limited to, reasonable attorney fees made by any third party, which may arise from any content the user of our site may submit, post, modify, transmit, or otherwise made available through our services, the use of Timberlee services or your connection with these services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user hear and agrees to not replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access of Timberlee sites.
Timberlee Tool & Trade shall reserve the right at any time it may deem fit, to modify, alter, and/or discontinue whether temporarily or permanently our service or any part thereof with or without prior notice. In addition we shall not be held liable to you or any third party for any such alteration, modification, suspension, and /or discontinuance of our services or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty, and/or representation associated which such dealings are and shall be solely between you and any such advertiser. Moreover you here any agree that Timberlee Tool & Trade shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.