TheTimberHound.com

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TERMS

WEB SITE TERMS AND CONDITIONS OF USE

PLEASE READ CAREFULLY


 

Welcome to Thetimberhound.com (the “Site”). Your access to and use of the Site is subject to these Terms and Conditions of Use (“Terms of Use”) and all applicable laws. The Site is operated by Timberhound, LLC (“Timberhound”) from its offices within the United States. Timberhound makes no representation that content, materials or information made available on or accessed through the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Timberhound may change or modify these Terms of Use, in whole or in part, at any time by updating this posting without prior notice to users or liability. By accessing, browsing and/or using the Site, including all content, materials and information made available on or accessed through the Site – whether you are a “Visitor” (which means that you simply browse the Site) or a “Registered User” (which means that you have registered with or subscribed to the online services provided by Timberhound) – you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws. The terms “you” or “user”, as used in these Terms of Use, refer to a Visitor or a Registered User.

 

PROPRIETARY RIGHTS

The Site and its contents, including text, graphics, images, photographs, illustrations, videos, audio, code, data, trademarks, service marks, logos, taglines, slogans, trade names and other material, made available on or accessed through the Site (collectively, the “Materials”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by Timberhound or its licensors and are protected under both United States and foreign laws. Your use of the Site does not grant to you ownership of any of the Materials. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of authorized personnel of Timberhound, its licensors or the otherwise applicable rights holders.

The trademarks, service marks, logos, taglines, slogans and trade names (collectively, the “Marks”) displayed on the Site or on the Materials are registered and unregistered Marks of Timberhound, its licensors or other rights holders and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their respective rights holders or that otherwise are likely to cause customer confusion, or in any manner that disparages or discredits their respective rights holders. All Marks not owned by Timberhound that appear on the Site or on the Materials are the property of their respective owners. Nothing contained on the Site or on the Materials should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Site or on the Materials without the written permission of Timberhound or the otherwise applicable rights holders. Your misuse, including any unauthorized use, of the Marks displayed on the Site or on the Materials is strictly prohibited.

 

LIMITED LICENSE

Subject to your compliance with these Terms of Use, you may (a) access and view the Materials on the Site on your computer or other device and (b) download any of the Materials displayed and identified on the Site as specifically available for downloading solely for your own internal use and lawful purposes, provided that you retain all copyright and other proprietary notices contained in the Materials. Any rights not expressly granted herein are reserved by Timberhound. Notwithstanding the foregoing, any other Materials that are made available on or accessed through the Site with their own subscription and license terms, conditions and notices shall be governed by such terms, conditions and notices. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Use.

Except for the limited permission in the preceding paragraph, Timberhound does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. You may not mirror the Site or any of the Materials on another web site or in any other media.

 

USE RESTRICTIONS AND PROHIBITED CONDUCT

Any commercial or promotional distribution, publishing or exploitation of the Site or any of the Materials is strictly prohibited unless you have received the express prior written permission from authorized personnel of Timberhound, Timberhound’s licensors or the otherwise applicable rights holders. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Site or any of the Materials. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Materials, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material made available on or accessed through the Site.

You agree that you shall not: (a) impersonate any individual or entity or misrepresent your affiliation with any other individual or entity; (b) use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (c) use the Site or any of the Materials in violation of Timberhound’s or any third party’s intellectual property or other proprietary or legal rights; (d) use the Site or any of the Materials in violation of any applicable laws; (e) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (f) obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (g) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; or (h) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data miner” or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof) or Materials. This provision does not prevent you from using RSS feeds that may be provided on the Site.

The Site may be indexed by search engines that survey the Web and are available to the public generally.

 

REGISTRATION AND LOGIN/USER REPRESENTATIONS

Registration and/or login are required, among other things, to access certain portions of our Site, to access certain portion of our Site and/or online services, to subscribe to our online services, to create an account and to obtain certain information or materials from Timberhound.

By registering, you represent and warrant to Timberhound that: (a) you are 18 years of age or older and of at least the age of majority in your state of residence as of the time you register as a Registered User; (b) all information provided by you to Timberhound during the registration process is truthful, accurate and complete; (c) you will comply with all terms and conditions of these Terms of Use; and (d) you will not use the Site, any of the Materials or any other content or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.

As a Registered User, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete. Timberhound may terminate your access to the Site (or portions thereof) if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Use and/or the law, without prior notice or liability.

As part of the registration process, you will be assigned and supplied a user identification (“User ID”) and password (“Password”) by Timberhound. As a Registered User, you acknowledge that you are solely responsible for all activities that occur under your User ID and Password or account while using the Site. You are responsible for maintaining the security and confidentiality of your Password and monitoring and controlling access to your account. You agree to notify Timberhound immediately of any unauthorized use of any account or password, or any other known or suspected breach of security.

If you no longer wish to be a Registered User, you may ask us to delete your account by contacting us through our Contact Us page located at http://www.thetimberhound.com/contact-us/ or by emailing us at administrator@thetimberhound.com. We will use reasonable efforts to ensure that your account is deleted from our records.

 

USER UPLOADED DATA

Timberhound does not claim ownership of any information or material a user transmits posts or uploads to or through the Site by any means (“Uploaded Data”).

By making an Upload, you automatically grant to Timberhound, a royalty-free license and right to use, host, store, reproduce and create derivative works from such Uploaded Data (such as those resulting from changes Timberhound may make so that Uploaded Data work better with our online services).

You warrant and represent that you shall not transmit, post or upload to or through the Site any content, information or material that is, in or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the privacy, publicity, intellectual property, proprietary, or contractual rights of any third party.

Timberhound does not represent or guarantee the truthfulness, accuracy, reliability or non-infringing nature of any Uploaded Data input, submitted, uploaded or otherwise made available through the Site by users or endorse any statements, representations or opinions expressed by users. Your reliance on content, information, material, statements, representations or opinions contained in Uploaded Data made to or through the Site by other users shall be at your own risk. Any claim, statistic, quote or other representation about a product and/or service contained in an Uploaded Data should be verified with the applicable provider of the Uploaded Data.

Timberhound is not responsible for screening or monitoring Uploaded Data made to or through the Site by users. If notified by a user of any Uploaded Data made to the Site allegedly in violation of these Terms of Use, Timberhound may investigate the allegation and determine in good faith and its sole discretion whether to remove such Uploaded Data or any portion thereof. Timberhound shall have no liability or responsibility to users for performance or nonperformance of such activities.

Timberhound reserves the right not to post or to remove any information or material posted, uploaded, inputted or submitted to the Site for any reason, including, without limitation, any Uploaded Data that, in its sole discretion, it deems to be in violation of these Terms of Use and/or applicable laws.

The foregoing is not intended to apply to any Personal Information (as that term is defined below), the use of which is governed by the Site’s Privacy Policy available at http://www.thetimberhound.com/privacy-policy/.

 

SITE AND MATERIALS DISCLAIMER

The Site and/or the Materials are not promised or guaranteed to be correct, current or complete, and they may contain inaccuracies or typographical errors. Timberhound makes no representations about the accuracy, reliability, completeness or timeliness of any of the Materials or of any other content, materials or information displayed, distributed or made available on or accessed through the Site, including statements, representations or opinions expressed by users in their Uploaded Data. You acknowledge that any reliance on any such content, materials or information will be at your sole risk. Timberhound will not be responsible for any loss, however arising, from use of, or reliance on any such content, materials or information.

 

DISCLAIMER OF WARRANTIES

THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TIMBERHOUND HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, ABSENCE OF SECURITY INTERESTS, LIENS, OR ENCUMBRANCES, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, OF FITNESS FOR PARTICULAR PURPOSE, AND QUIET ENJOYMENT. WITHOUT LIMITATION, LNA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS OR OF ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE, ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE AND/OR SAID CONTENT, MATERIALS OR INFORMATION.

TIMBERHOUND DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, THE MATERIALS OR OF ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TIMBERHOUND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE OR THE MATERIALS. TIMBERHOUND MAY MAKE ANY OTHER CHANGES TO THE SITE AND THE MATERIALS AT ANY TIME WITHOUT NOTICE.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL TIMBERHOUND BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO, THE SITE, THE MATERIALS OR ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY UPLOADED DATA BY USERS, OR ANY MATERIAL, STATEMENT OR INFORMATION FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIMBERHOUND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

COPYRIGHT INFRINGEMENT CLAIMS

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512, as amended), if you believe in good faith that copyrighted work has been copied, adapted, reproduced or exhibited on the Site in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity to our Designated Agent, Daniel Fink, at: dfink@sheehan.com. To be effective, the notification must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We suggest that you consult your legal advisor before submitting written notification, as the above-stated requirements may have changed.

In appropriate circumstances, Timberhound, at its sole discretion, may suspend or terminate any user’s access to the Site and/or take other action against users where infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

 

INDEMNITY

You agree to defend, indemnify, and hold harmless Timberhound, its officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or the Materials, your Uploaded Data, your breach of these Terms of Use and/or violation of any applicable laws.

 

LINKS

The Site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Timberhound of the content, materials or information available on such third party web sites. Timberhound is not responsible for the content, materials or information available on linked third party sites and does not make any warranty or representation regarding same. Nor does Timberhound make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the content, materials or information appearing thereon or any of the products or services described thereon. Links do not imply that Timberhound endorses, or is affiliated or associated with, the linked-third-party site. If you decide to access linked third party web sites, you do so at your own risk.

 

PRIVACY POLICY

In order for you to access certain portions of the Site, you may be asked to provide information that personally identifies you, such as your name, address, e-mail address, website, social media profile site, and telephone number (“Personal Information”). If you communicate with us by e-mail or otherwise complete online forms or the like, any information provided in such communication may be collected as Personal Information. Timberhound’s information collection and use policies with respect to the privacy of such Personal Information are set forth in the Site’s Privacy Policy, which is located at http://www.thetimberhound.com/privacy-policy/ and incorporated herein by reference.

 

TERMINATION/SUSPENSION

Timberhound reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Materials at any time and/or to restrict, suspend or terminate your access to the Site and/or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

 

MISCELLANEOUS

The Site is based in the State of New Hampshire, United States of America. Timberhound makes no claims that the Materials or any other content, materials or information displayed, distributed or made available on or accessed through the Site are appropriate or may be downloaded outside of the United States. Access to the Site and/or such materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of New Hampshire, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the State of New Hampshire. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and Timberhound with respect to the use of the Site. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of Timberhound to be binding on Timberhound. Notwithstanding the foregoing, Timberhound, at its sole discretion and without notice, may change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or accessed through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.

 

Effective Date: May 8, 2014

 

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