b. App means the version of the software accessible to the User via mobile platforms.
c. Company Tools means all design tools developed and/or utilized by Company in performing the Service, including without limitation pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.
d. Content includes, without limitation, any User Submissions, comments, information, data, text, photographs, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.
e. Copyrights means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.S. Copyright Law.
f. Service means all services and work product to be provided to User by Company.
g. Software means the software provided by Company for User’s use to access and make use of the Service.
h. Trademarks means trade names, words, symbols, designs, logos or other devices or designs to designate the origin or source of the goods or services.
i. User Submissions means the and content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics or other information that the User adds, creates, uploads, submits, distributes, collects, or posts to the App.
j. Web app means a third party application accessible via a link from the App or via the internet.
3. Acceptance of Terms
b. The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
b. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
5. Rules and Conduct
b. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that :
i. infringes on any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
ii. you know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
iv. constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
vi. impersonates any person or entity, including any employee or representative of Company.
c. Additionally, you shall not:
i. take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers) infrastructure;
ii. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
iii. bypass any measures or networks connected to the Service;
iv. run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or
v. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the App.
d. You shall not (directly or indirectly):
i. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction,
ii. modify, translate, or otherwise create derivative works of any part of the Service, or
iii. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
e. You shall abide by all applicable local, state, national and international laws and regulations.
f. Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the App or through the Service. Company has no obligation to monitor the App, Service, Content, or User Submissions. However, Company reserves the right to:
ii. remove or block any User Submissions from the Service.
b. You shall not
i. select or use as a User ID a name of another person with the intent to impersonate that person;
ii. use as a User ID a name subject to any rights of a person other than you without appropriate authorization or
iii. use as a User ID a name that is otherwise offensive, vulgar or obscene.
c. Company reserves the right to refuse registration of, or cancel a User ID in its sole discretion.
d. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another User account without such other User’s express permission.
e. You will immediately notify Company in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.
7. Timber Apps Services
a. No Guarantees or Endorsements. Timber Apps takes steps to examine the credentials of our listed timber professionals but make no guarantees or representations regarding the skills of the timber professional nor the quality of the services he or she may provide. Timber Apps does not endorse or recommend the services of any particular timber professional. It is entirely up to you to evaluate a timber professional’s qualifications and to enter into a direct contract or agreement with a timber professional. We do not guarantee or warrant any timber professional’s performance, outcome or quality of service. Timber professionals are not employees or agents of Timber Apps and Timber Apps is not an agent of any timber professionals.
b. No Contracting via Timber Apps. Timber Apps may inform you of certain offers or discounts provided by a timber professional. Such offers or discounts are made solely by the timber professional and Timber Apps does not guarantee or warrant the pricing or discounts that a timber professional may offer you. Any quotes provided by timber professionals via Timber Apps or which you may find on Timber Apps are not contractually binding offers, are for informational purposes only and cannot be accepted on or via Timber Apps. Not contractual arrangement is created based upon the quotes provided to you from timber professionals via Timber Apps. To contract with a timber professional, you must work directly with the timber professional. Timber Apps does not perform and is not responsible for any services requested by you in your service request. Your rights under contracts you enter into with timber professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.
c. Release from Damages or Claims. Should you have a dispute with any timber professional, you must address such dispute with the timber professional directly. YOU HEREBY AGREE TO RELEASE Timber Apps, ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS FROM ANY DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND, KNOWN OR UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALING WITH TIMBER PROFESSIONALS.
8. Use and Prohibited Use of Timber Apps Services
a. You acknowledge and agree that your use of Timber Apps is for your personal use and not for advertising or other commercial purposes. You may not use Timber Apps to recreate or compete with Timber Apps, to solicit or harass timber professionals or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages and you agree that you are liable to Timber Apps for any such damages and will indemnify Timber Apps in the event of any third party claims against Timber Apps based on or arising from your violation of the foregoing.
b. Timber Apps reserves the right to revoke your access to any Timber Apps products or properties at any time. If it is determined or suspected by Timber Apps in its sole discretion that you are misusing or attempting to misuse or circumvent the Timber Apps services or system or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Timber Apps reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
c. All information about timber professionals is confidential and for your personal use only.
a. The App is a venue for brokers, consultants, trucking and logging companies to record loads, transportation, deliveries and accounting in real time and may include estimated timber prices based on aggregated prices and locations, which may be shared with Timber Update and other Timber Apps Services and Products.
b. Users are responsible for their own compliance with the regulations of their industry including but not limited to trucking code compliance. Company shall not be liable for any noncompliance of the Users with local, state or federal law.
c. Company shall not be liable for any interactions with any organizations and/or individuals found on or through the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on Company Service. Company does not oversee the performance or punctuality of other service. Company is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals.
d. Company is under no obligation to become involved in disputes between Users and any third party. In the event of a dispute, you release Company, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
e. Company reserves the right to cancel, interrupt or suspend any account at any time for any reason.
10. Fees and Payments
a. Company charges a monthly fee for services, including but not limited to a fee per load for each load delivered,
b. All fees are deducted directly from the Users account provided at registration and updated as needed.
c. Company may choose to temporarily change the fees for the Service for promotional or marketing purposes or new services, and such changes are effective when the Company posts temporary promotional event or new service on the App.
d. You are responsible for paying all fees and applicable taxes associated with your use of the App.
11. Third Party Applications
a. The Service may permit you to link to other web apps or resources on the Internet, and other web apps or resources may contain links to the App. When you access third party web apps, you do so at your own risk. These other web apps are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such web apps or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators.
b. You further acknowledge and agree that Company 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 the use of or reliance on any such Content, goods or services available on or through any such web app or resource.
12. Content and License
a. You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by Copyrights, Trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
b. Company grants each User of the App and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
13. Third Party Intellectual Property Copyright Notifications
a. Company respects the intellectual property of others, and Company asks its Users to do the same. Company may, in appropriate circumstances and at its discretion, terminate the accounts of Users who infringe the intellectual property rights of others. Company will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
b. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent (identified below) with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c) (3) of the U.S. Copyright Act, 17 U.S.C. Â§512(c) (3), for more information):
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
ii. a description of the copyrighted work that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located on the App, sufficient for Company to locate the material;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi. a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
c. If you believe that your work has been removed or disabled by mistake or misidentification, please provide the Company’s Copyright Agent with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g) (3) of the U.S. Copyright Act, 17 U.S.C. Â§512(g)(3), for more information):
i. a physical or electronic signature of the User of the Services; identification of the material that has been removed or to which access has been disabled;
ii. the location at which the material appeared before it was removed or access to it was disabled;
iii. a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of the mistake or misidentification of the material to be removed or disabled; and
iv. the User’s name, address, telephone number, and a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) of 17 U.S.C 512 or an agent of such person.
d. You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that Company may ignore such incomplete or inaccurate notices without liability of any kind.
e. Under Section 512(f) of the Copyright Act, 17 U.S.C. Â§512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
f. Our designated copyright agent for notice of alleged copyright infringement is:
14. Intellectual Property Rights, Users
a. By Submitting User Submissions on the App or otherwise through the Service:
i. You acknowledge that by Submitting any User Submission to the App, you are publishing that User Submission publicly, and that you may be identified publicly by your User ID in association with any such User Submission;
ii. You acknowledge that by Submitting any User Submissions through the App or the Service, you hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the App, the Service and Company’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party web apps).
iii. You also hereby do and shall grant each User of the App and/or the Service a non-exclusive license to access your User Submissions through the App and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submission solely for personal, non-commercial use. (For clarity, the foregoing grants to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing);
v. You are authorized to grant all of the aforementioned rights to the User Submissions to Company and all Users of the Service;
vi. You agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
viii. You understand that Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you, that all information publicly posted or privately transmitted through the App is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content, and that Company cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service.
b. Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which Users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
a. Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.
b. If you wish to terminate your account, you may do so by following the instructions on the App. Any fees paid hereunder are non-refundable.
16. Warranty Disclaimer
a. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding:
i. which Users gain access to the App;
ii. what Content you access via the App;
iii. what effects the Content may have on you;
iv. how you may interpret or use the Content; or
v. what actions you may take as a result of having been exposed to the Content.
b. You release Company from all liability for your having acquired or not acquired Content through the App.
c. Company shall not be liable for equipment failures nor for the quality of or access to an internet connection.
d. The App may contain, or direct you to web apps containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the App and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the App or the Service.
e. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
f. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
i. THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
ii. ANY DEFECTS OR ERRORS WILL BE CORRECTED;
iii. ANY CONTENT OR SOFTWARE AVAILABLE THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
iv. THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
g. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2712)
a. COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE APP OR ANY WEBAPP LINKED TO THE APP.
b. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the App, or otherwise connected with your use of the Service.
b. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
19. Limitation of Liability
a. IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE FOR:
i. ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISNG),
ii. FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR
iii. FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00).
b. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
a. Accessing the Service is prohibited from territories where such content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
21. Electronic Delivery/Notice Policy and Your Consent
b. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Company App and Services.
22. Tax and Legal Compliance
23. Governing Law
b. You agree that the company (and all Services) is deemed a passive web app that does not give rise to personal jurisdiction over Company or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Georgia.
c. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in the State of Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
d. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
24. Integration and Severability
c. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
a. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).