THE FOLLOWING DESCRIBES THE TERMS ON WHICH WOODPLANET, INC. OFFERS YOU ACCESS TO OUR SERVICES.
WoodPlanet, Inc. provides an email newsletter and Web site that allow registered customers and subscribers to access and read daily wood products news. Through the Web site, members are able to register for a free two week trial of the full-text website and to subscribe and unsubscribe from the free email-based newsletter. Recipients of the email newsletter are 'registered customers' and paying subscribers to the full-text news service found on the website www.lbmdaily.com are 'subscribers'.
This Agreement describes the terms and conditions applicable to your use of our services at WoodPlanet, Inc. and our general principles. Please print a copy of these terms and conditions for your records. If you have questions concerning these terms and conditions, please contact WoodPlanet, Inc. via email, firstname.lastname@example.org.
We may amend this Agreement, without notice, at any time by posting the amended terms on our Web site. Except as stated below, all amended terms shall be effective immediately upon posting. By accessing and using the WoodPlanet, Inc. Web site (www.lbmdaily.com), you agree to periodically review this User Agreement and be bound by any modifications or amendments to its terms. This Agreement may not be otherwise amended except in a writing signed by you and WoodPlanet, Inc..
1. Membership Elegibility.Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
Further, our services are not available to temporarily or indefinitely suspended WoodPlanet, Inc. members.
2. Fees and Services.
a) Membership Fees.Joining the full-text LBM Daily news service hosted by WoodPlanet, Inc. requires you to pay the annual membership fee of $159.00. Access to the email newsletter is free of charge and has no fee associated with registration at this time. WoodPlanet, Inc. reserves the right to change its fee policy and will notify all current email recipients and subscribers in the event of a change. The email newsletter will be delivered Monday through Friday each week, excluding U.S. Federal holidays, but WoodPlanet, Inc. reserves the right to publish additional or fewer issues at its discretion with no prior notice.
b)Other Products and Services - Fees and Charges.WoodPlanet, Inc. may add new products and/or services to its Web site from time to time or may, in its sole discretion, change some or all of the current services offered. In the event we introduce a new product/service or change an existing product/service, new transaction fees or service charges may be established for that product/service, and such fees or charges shall be effective at the launch of the product/service or the posting of the change. We reserve the right to change the fees or charges for our products/services at any time.
c)General.Unless otherwise stated, all fees are quoted in U.S. Dollars. All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local taxes. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
3. Your Information.Unless otherwise stated, all fees are quoted in U.S. Dollars. All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local taxes. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
a) Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include.
4. Guidelines for Posting Comments.Certain portions of the WoodPlanet, Inc. Web site and newsletter allow you to submit comments on articles or other topics of discussion. Your comments will be publicly visible to anyone who visits www.lbmdaily.com, the WoodPlanet, Inc. Web site, and you must adhere to the following guidelines in posting comments:
a)All of your comments are welcome; however, we ask that you please focus specifically on the article, story, or issue for which comment has been requested.
b)Please avoid making statements that are accusatory, defamatory, obscene, pornographic, abusive, or otherwise unlawful or infringing on the rights of others.
c)All comments may be edited based on length, clarity or content.
d)WoodPlanet, Inc. does not endorse the accuracy, truthfulness or reliability of comments posted by users and is not responsible for any subsequent actions taken as a result of such postings. Posted comments reflect only the views of the authors, who are solely responsible for their content. If it is brought to our attention that a particular comment is problematic, WoodPlanet, Inc. reserves the right to remove all or some of the posting, as it deems appropriate.
e)WoodPlanet, Inc. has sole discretion to interpret, apply or modify these guidelines at any time and without prior notice, and may take whatever actions it deems necessary to see that these guidelines are followed.
5. Access and Interference.
a)Members are responsible for providing all equipment necessary to access the Internet and the site. Access to the WoodPlanet, Inc. Web site requires use of Microsoft Explorer 4.0 or higher or Netscape Navigator 4.0 or higher.
a)The WoodPlanet, Inc. Web site is usually available 24 hours a day, 7 days a week. However, we retain the right to make the website unavailable from time to time for any reason. Members agree that WoodPlanet, Inc. shall not be liable for any damages arising from any interruption, suspension or termination of the website.
a)You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the WoodPlanet, Inc. Web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to WoodPlanet, Inc. by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of WoodPlanet, Inc. or the appropriate third party.
6. Breach.Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
7. No Warranty.WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE PARTIES DESIRE AND AGREE TO COMPLY FULLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS.
8. Liability Limit.IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
9. Indemnity.You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, any disputes or other claims relating to your transactions on our Web site, or your violation of any law or the rights of a third party.
10. Legal Compliance.You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
11. No Agency.You and WoodPlanet, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
12. Notices.Except as explicitly stated otherwise, any notices shall be given by postal mail to WoodPlanet, Inc., Inc. P.O. Box 347 Guilford, CT 06437(in the case of WoodPlanet, Inc.) or to the email address you provide to WoodPlanet, Inc. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to WoodPlanet, Inc. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
13. Arbitration.Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Guilford, CT USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or WoodPlanet, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Guilford, CT necessary to protect the rights or property of you or WoodPlanet, Inc. pending the completion of arbitration.
14. Additional Terms.The following documents are incorporated by reference:
a) Our Privacy Statement is available on our site. We may amend this Privacy Statement, without notice, at any time by posting the amended terms on our site. All amended terms shall be effective immediately upon posting. By accessing and using the WoodPlanet, Inc. website, you agree to periodically review this Privacy Statement and be bound by any modifications or amendments to its terms.
b) Either WoodPlanet, Inc. or the member may immediately terminate a User's Agreement at will in writing or via e-mail.
c)Members agree that, upon termination of their membership, they will: (i) pay all outstanding debts to WoodPlanet, Inc. in full within thirty (30) days; and (ii) honor all outstanding transactions.
15. General.This Agreement shall be governed in all respects by the laws of the State of Massachusetts, USA as such laws are applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents. You and WoodPlanet, Inc. consent to the exclusive jurisdiction of, and venue in, the state and federal courts of Middlesex County, Massachusetts, U.S.A. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Web site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
16. Disclosures.The services hereunder are offered by WoodPlanet, Inc., located at 763 Massachusetts Ave, Suite 7 Cambridge, MA 02139.