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Terms of Service
The following terms and conditions govern all use of the timberna.com, baxleyequipment.com, logprollc.com, and vab-solutions.com websites and all content, services and products available at or through the web properties (taken together, the Timber Automation Web Properties). The Timber Automation Web Properties are owned and operated by Timber Automation, LLC. The Timber Automation Web Properties are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Timber Automation, LLC’s Privacy Policy) and procedures that may be published from time to time on this Site by Timber Automation, LLC (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Timber Automation Web Properties. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Timber Automation Web Properties or use any services. If these terms and conditions are considered an offer by Timber Automation, LLC, acceptance is expressly limited to these terms. The Timber Automation Web Properties are available only to individuals who are at least 18 years old.
SUPPORT
If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Timber Automation, LLC to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free timberna.com services. All support will be provided in accordance with Timber Automation, LLC standard services practices, procedures and policies.
RESPONSIBILITY OF Timber Automation Web Properties VISITORS
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Timber Automation, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Timber Automation Web Properties, or from any downloading by those visitors of content there posted.
CONTENT POSTED ON OTHER WEBSITES
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Timber Automation Web Properties and webpages to which they link, and that link to timberna.com. Timber Automation, LLC does not have any control over those non-Timber Automation, LLC websites and webpages, and is not responsible for their contents or their use. By linking to a non-Timber Automation, LLC website or webpage, Timber Automation, LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Timber Automation, LLC disclaims any responsibility for any harm resulting from your use of non-Timber Automation, LLC websites and webpages.
COPYRIGHT INFRINGEMENT AND DMCA POLICY
As Timber Automation, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by timberna.com violates your copyright, you are encouraged to notify Timber Automation, LLC in accordance with Timber Automation, LLC‘s Digital Millennium Copyright Act (“DMCA”) Policy. Timber Automation, LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Timber Automation, LLC will terminate a visitor’s access to and use of the Timber Automation Web Properties if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Timber Automation, LLC or others. In the case of such termination Timber Automation, LLC will have no obligation to provide a refund of any amounts previously paid to Timber Automation, LLC.
INTELLECTUAL PROPERTY
This Agreement does not transfer from Timber Automation, LLC to you any Timber Automation, LLC or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Timber Automation, LLC. Timber Automation, LLC, timberna.com, the Timber Automation, LLC, Baxley Equipment and LogPro logos, and all other trademarks, service marks, graphics and logos used in connection with timberna.com, or the Timber Automation Web Properties are trademarks or registered trademarks of Timber Automation, LLC or Timber Automation, LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Timber Automation Web Properties may be the trademarks of other third parties. Your use of the Timber Automation Web Properties grant you no right or license to reproduce or otherwise use any Timber Automation, LLC or third-party trademarks.
CHANGES
Timber Automation, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Timber Automation Web Properties following the posting of any changes to this Agreement constitutes acceptance of those changes. Timber Automation, LLC may also, in the future, offer new services and/or features through the Timber Automation Web Properties (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
TERMINATION
Timber Automation, LLC may terminate your access to all or any part of the Timber Automation Web Properties at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your timberna.com account (if you have one), you may simply discontinue using the Timber Automation Web Properties. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Timber Automation, LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Timber Automation, LLC’s notice to you thereof; provided that, Timber Automation, LLC can terminate the Timber Automation Web Properties immediately as part of a general shut down of our service(s). All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
The Timber Automation Web Properties are provided “as is”. Timber Automation, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Timber Automation, LLC nor its suppliers and licensors, makes any warranty that the Timber Automation Web Properties will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Timber Automation Web Properties at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will Timber Automation, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Timber Automation, LLC under this agreement during the twelve (12) month period prior to the cause of action. Timber Automation, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that (i) your use of the Timber Automation Web Properties will be in strict accordance with the Timber Automation, LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Timber Automation Web Properties will not infringe or misappropriate the intellectual property rights of any third party.
INDEMNIFICATION
You agree to indemnify and hold harmless Timber Automation, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Timber Automation Web Properties, including but not limited to your violation of this Agreement.
MISCELLANEOUS
This Agreement constitutes the entire agreement between Timber Automation, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive Timber Automation, LLC, or by the posting by Timber Automation, LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Timber Automation Web Properties will be governed by the laws of the State of New York, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York City, New York, United States. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the State of New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Timber Automation, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
