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1. ACCEPTANCE OF TERMS
The Wood Products Group (WPG) provides services to members subject to the
following Terms of Service ("TOS"), which may be updated by the WPG from time
to time without notice. In addition, when using particular WPG services,
members and the WPG shall be subject to any posted guidelines or rules
applicable to such services that may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference to the TOS.
2. DESCRIPTION OF SERVICE
The WPG currently provides members with access to wood products information
and related services (the "Service"). Members understand and agree that the
Service may include advertisements and that these advertisements may be
necessary for the WPG to provide the Service. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new WPG properties, shall be subject to the Membership
Conditions. Members understand and agree that the Service is provided "AS-IS,"
and that the WPG assumes no responsibility for the timeliness, deletion,
mis-delivery, or failure to store any user communications or personalization
settings.
Members are responsible for obtaining access to the Service and access may
involve third party fees (such as Internet Service Provider or airtime
charges). Members are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition, members
must provide and are responsible for all equipment necessary to access the
Service.
3. MEMBER REGISTRATION OBLIGATIONS
In consideration of member use of the Service, members agree to: (a) provide
true, accurate, current, and complete information as prompted by the Service's
registration form (such information being the "Registration Data"), and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current, and complete. If any information is provided that is untrue,
inaccurate, not current, or incomplete, or the WPG has reasonable grounds to
suspect that such information is untrue, inaccurate, not current, or
incomplete, the WPG has the right to suspend or terminate the applicable
account and refuse any and all current or future use of the Service (or any
portion thereof).
4. WPG PRIVACY POLICY
Registration Data and certain other information about members are subject to
the WPG Privacy Policy. For more information, see the full Privacy Policy at
http://www.woodproductsgroup/privacypolicy.aspx.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Members receive a password and account designation upon completing the
Service's registration process. Members are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur using this password or account. Members agree to: (a)
immediately notify the WPG of any unauthorized use of a member password or
account or any other breach of security, and (b) exit from the applicable
member account at the end of each session. The WPG cannot and will not be
liable for any loss or damage arising from failure to comply with this Section
5.
6. MEMBER CONDUCT
Members understand that all information, data, text, photographs, and graphics
(collectively representing "Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content
originated. This means that each member, and not the WPG, is entirely
responsible for all Content posted by that member or member Content otherwise
made available via the Service. The WPG does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity, or
quality of such Content. Members understand that by using the Service, a member
may be exposed to Content that is offensive, indecent, or objectionable. Under
no circumstances will the WPG be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted, or otherwise made available via the Service.
Members agree not to use the Service to:
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upload, post, email, transmit, or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically, or otherwise objectionable;
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harm minors in any way;
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guide or host, or falsely state or otherwise misrepresent any affiliation with
a person or entity;
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make a comparative claim that specifically references any product or service
offered by any member or non-member.
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upload, post, email, transmit, or otherwise make available any Content that the
member does not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
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upload, post, email, transmit, or otherwise make available any Content that
infringes upon any patent, trademark, trade secret, copyright, or other
proprietary rights ("Rights") of any party;
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upload, post, email, transmit, or otherwise make available any material that
contains software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment;
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interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies, or regulations of
networks connected to the Service;
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"stalk" or otherwise harass another; or
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collect or store personal data about other users.
Members acknowledge that the WPG does not pre-screen all Content, but that the
WPG and its designees have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, the WPG and its designees have the right to
remove any Content that violates the Membership Conditions or is otherwise
objectionable. Members agree that each member must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, the
member acknowledges that the member may not rely on any Content created by the
WPG or submitted to the WPG, including without limitation information currently
held by the WPG.
Members acknowledge and agree that the WPG may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the Membership Conditions; (c) respond to claims
that any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of the WPG, its users, and the public.
Members understand that the technical processing and transmission of the
Service, including member Content, may involve: (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, members agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically,
members agree to comply with all applicable laws regarding the transmission of
technical data exported from Canada or the country in which the member resides.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
The WPG does not claim ownership of Content that a member submits or makes
available for inclusion on the Service. However, with respect to Content
submitted or made available by a member for inclusion on publicly accessible
areas of the Service, the member grants to the WPG the following worldwide,
royalty-free, and non-exclusive license(s) as applicable:
With respect to Content submitted or made available by a member for inclusion
on publicly accessible areas of the Service, the license to use, distribute,
reproduce, modify, adapt, publicly perform, and publicly display such Content
on the Service solely for the purposes of providing and promoting the WPG, to
which such Content was submitted or made available. This license exists only
for as long as the member elects to continue to include such Content on the
Service, and will terminate at the time the member removes or the WPG removes
such Content from the Service.
With respect to photos or graphics submitted or made available by a member for
inclusion on publicly accessible areas of the Service, the license to use,
distribute, reproduce, modify, adapt, publicly perform, and publicly display
such Content on the Service solely for the purpose for which such Content was
submitted or made available. This license exists only for as long as the member
elects to continue to include such Content on the Service, and will terminate
at the time the member removes or the WPG removes such Content from the
Service.
9. INDEMNITY
Members agree to indemnify and hold the WPG, its employees, subsidiaries,
affiliates, officers, agents, co-branders or other partners harmless from any
claim or demand, including reasonable legal fees, made by any third party due
to or arising out of Content the member submits, posts, transmits, or makes
available through the Service, the member's use of the Service, the member's
connection to the Service, the member's violation of the Membership Conditions,
or the member's violation of any rights of another.
10. NO RESALE OF SERVICE
Members agree not to reproduce, duplicate, copy, sell, resell, or exploit for
any commercial purposes any portion of the Service, use of the Service, or
access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
Members acknowledge that the WPG may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that postings or other uploaded Content will be retained by the
Service, and the maximum number of times (and maximum duration for which) a
member may access the Service in a given period of time. Members agree that the
WPG has no responsibility or liability for the deletion of or failure to store
any messages and other communications or other Content maintained or
transmitted by the Service. Members acknowledge that the WPG reserves the right
to log off accounts that are inactive for an extended period of time. Members
further acknowledge that the WPG reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
12. MODIFICATIONS TO SERVICE
The WPG reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. Members agree that the WPG shall not be liable to any member
or to any third party for any modification, suspension, or discontinuance of
the Service.
13. TERMINATION
Members agree that the WPG, in its sole discretion, may terminate a member
password, account (or any part thereof), or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if the WPG believes that a member has violated
or acted inconsistently with the letter or spirit of the TOS. The WPG may also
in its sole discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. Members agree that any termination of
access to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that the WPG may immediately deactivate
or delete any member account and all related information and files in any
member account and/or bar any further access to such files or the Service.
Further, members agree that the WPG shall not be liable to any member or any
third-party for any termination of access to the Service.
14. DEALINGS WITH ADVERTISERS
Member correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties, representations, and conditions, or representations associated with
such dealings, are solely between the member and such advertiser. Members agree
that the WPG shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings, or as the result of the
presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because the WPG has no control over such sites and
resources, members acknowledge and agree that the WPG is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. Members further
acknowledge and agree that the WPG shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods, or services
available on or through any such site or resource.
16. PROPRIETARY RIGHTS OF THE WPG
Members acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. Members further acknowledge and agree that Content contained in
sponsor advertisements or information presented to members through the Service
or advertisers is protected by copyrights, trademarks, service marks, patents,
or other proprietary rights and laws. Except as expressly authorized by the WPG
or advertisers, members agree not to modify, rent, lease, loan, sell,
distribute, or create derivative works based on the Service or the Software, in
whole or in part.
17. DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS
Members expressly understand and agree that:
a. member use of the Service is at the sole risk of the member. The Service is
provided on an "as is" and "as available" basis. The WPG expressly disclaims
all warranties, representations, and conditions of any kind, whether express or
implied, including, but not limited to the implied warranties, representations,
and conditions of merchantability, fitness for a particular purpose, and
non-infringement.
b. the WPG makes no warranty that: (i) the Service will meet the requirements
of a member; (ii) the Service will be uninterrupted, timely, secure, or
error-free; (iii) the results that may be obtained from the use of the Service
will be accurate or reliable; (iv) the quality of any products, services,
information, or other material purchased or obtained through the Service will
meet expectations of the member; and (v) any errors in the Software will be
corrected.
c. any material downloaded or otherwise obtained through the use of the Service
is done at the discretion and risk of the member and the member will be solely
responsible for any damage to the member's computer system or loss of data that
results from the download of any such material.
d. no advice or information, whether oral or written, obtained by the member
from the WPG or through or from the Service shall create any warranty not
expressly stated in the TOS.
18. LIMITATION OF LIABILITY
Members expressly understand and agree that the WPG shall not be liable for
any direct, indirect, incidental, special, consequential, or exemplary damages,
including but not limited to damages for loss of profits, goodwill, use, data,
or other intangible losses (even if the WPG has been advised of the possibility
of such damages) resulting from: (i) the use or the inability to use the
Service; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information, or services purchased or obtained
or messages received or transactions entered into through or from the Service;
(iii) unauthorized access to or alteration of a member's transmissions or data;
(iv) statements or conduct of any third party on the Service; or (v) any other
matter relating to the Service.
19. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties,
representations, and conditions or the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, some of the above limitations
of sections 17 and 18 may not apply to a given member.
20. NOTICE
Notices to members may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to members generally on the Service.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between the member and the WPG and
govern member use of the Service, superceding any prior agreements between the
member and the WPG. Members may also be subject to additional terms and
conditions that may apply when using affiliate services, third-party content,
or third-party software. The TOS and the relationship between the member and
the WPG shall be governed by the laws of the province of New Brunswick and
Canada without regard to its conflict-of-law provisions. The member and the WPG
agree to submit to the personal and exclusive jurisdiction of the courts
located within the province of New Brunswick, Canada. The failure of the WPG to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full
force and effect. Members 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
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
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