American Lumber & Pallet Terms of Use

Askins Publishing Group
www.amlumber.com
WEBSITE TERMS OF USE

Last Modified: March 26, 2015

Acceptance of the Terms of Use

Welcome to the website of Askins Publishing Group. ("Company", "we" or "us"). The following terms and conditions [together with any documents they expressly incorporate by reference] (collectively, these "Terms of Use"), govern access by Customer (or “Customer”) to and use of www.amlumber.com, including any content, functionality and services offered on or through www.amlumber.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before Customer start to use the Website. By using the Website [or by clicking to accept or agree to the Terms of Use when this option is made available to Customer], Customer accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.amlumber.com/privacy, incorporated herein by reference. If Customer does not want to agree to these Terms of Use or the Privacy Policy, Customer must not access or use the Website.

This Website is offered and available to users who 18 years of age or older. By using this Website, Customer represents and warrants that Customer is of legal age to form a binding contract with the Company. If Customer does not meet all of these requirements, Customer must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Customer's continued use of the Website following the posting of revised Terms of Use means that Customer accept and agree to the changes. Customer are expected to check this page from time to time so Customer are aware of any changes, as they are binding on Customer.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Customer is responsible for:

  • Making all arrangements necessary for Customer to have access to the Website.
  • Ensuring that all persons who access the Website through Customer's internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, Customer may be asked to provide certain registration details or other information. It is a condition of Customer's use of the Website that all the information Customer provides on the Website is correct, current and complete. Customer agree that all information Customer provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy www.amlumber.com/privacy, and Customer consent to all actions we take with respect to Customer's information consistent with our Privacy Policy.

If Customer chooses, or is provided with, a user name, password or any other piece of information as part of our security procedures, Customer must treat such information as confidential, and Customer must not disclose it to any other person or entity. Customer also acknowledge that Customer's account is personal to Customer and agree not to provide any other person with access to this Website or portions of it using Customer's user name, password or other security information. Customer agree to notify us immediately of any unauthorized access to or use of Customer's user name or password or any other breach of security. Customer also agrees to ensure that Customer exit from Customer's account at the end of each session. Customer should use particular caution when accessing Customer's account from a public or shared computer so that others are not able to view or record Customer's password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by Customer or provided by us, at any time in our sole discretion if, in our opinion, Customer have violated any provision of these Terms of Use.

Company Communication

Company utilizes email as a vital and primary communication channel with customers. As a registered user, Customer hereby acknowledges and grants Company permission to communicate with customer via email (as well as other communication channels such as phone and fax) for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered users/customers. Company assures customer that under no circumstances will it knowingly share personal and/or email information with any third party.

Customer Privileges

Customer privileges are granted by Company to individuals exclusively and are granted specifically to the registered member only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of Company. Company requires that each registered user maintain a valid email address or Member ID and a password, which shall be utilized for logging on to the COMPANY system. Customers are not permitted to share their individual logon information with others. Company has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the COMPANY service.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit Customer to use the Website for Customer's personal, non-commercial use only. Customer must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Customer's computer may temporarily store copies of such materials in RAM incidental to Customer's accessing and viewing those materials.
  • Customer may store files that are automatically cached by Customer's Web browser for display enhancement purposes.
  • Customer may print [or download] one copy of a reasonable number of pages of the Website for Customer's own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, Customer may download a single copy to Customer's computer or mobile device solely for Customer's own personal, non-commercial use, provided Customer agree to be bound by our end user license agreement for such applications.

Customer must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Customer must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If Customer prints, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Customer's right to use the Website will cease immediately and Customer must, at our option, return or destroy any copies of the materials Customer have made. No right, title or interest in or to the Website or any content on the site is transferred to Customer, and the Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses

All information obtained from the Service, including business listings, items for sale and any other information otherwise made available to Customer in the Service (individually and collectively, the "Content") is proprietary to Company and its licensors, and is protected by copyright and other U.S. and international intellectual property rights, laws and treaties. Customer agrees that Content reserved for members will be treated as proprietary, maintained as confidential and shall be protected as a trade secret of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk.

Customer may use the Website only for lawful purposes and in accordance with these Terms of Use. Customer agrees not to use the Website:

  • Customer shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device.
  • Customer shall not disclose or transmit any portion of the Service to any direct or indirect competitor of Company (by way of example, a "direct or indirect competitor" of Company includes, but is not limited to, Internet listing services or other business information services and employees, independent contractors and agents of such services).
  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material, which does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses [or screen names] associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, Customer agrees not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  • To decompile, disassemble or reverse engineer all or any part of Website in order to identify, acquire, copy or emulate any source code or object code.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, dealer listing pages, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution Customer post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, Customer grant us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material [for any purpose/according to Customer's account settings].

Customer represents and warrants that:

  • Customer own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors and assigns.
  • All of Customer's User Contributions do and will comply with these Terms of Use.

Customer understand and acknowledge that Customer are responsible for any User Contributions Customer submit or contribute, and Customer, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by Customer or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose Customer's identity or other information about Customer to any third party who claims that material posted by Customer violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend Customer's access to all or part of the Website for [any or no reason, including without limitation,] any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. CUSTOMER WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material, which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy www.amlumber.com/privacy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent Customer's identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If Customer believes that any User Contributions violate Customer's copyright, please see our Copyright Policy www.amlumber.com/dmca for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Fees

COMPANY may charge a fee to post content or for other features, products, services or licenses. You are responsible to COMPANY for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize COMPANY, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where COMPANY removes paid posts. The user may not cancel payments and purchases, except as required by law. However, COMPANY reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance Customer place on such information is strictly at Customer's own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by Customer or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to Customer or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About Customer and Customer's Visits to the Website

All information we collect on this Website is subject to our Privacy Policy www.amlumber.com/privacy. By using the Website, Customer consents to all actions taken by us with respect to Customer's information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

Customer may link to our homepage, provided Customer do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but Customer must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express [written] consent.

This Website may provide certain social media features that enable Customer to:

  • Link from Customer's own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on Customer's own or certain third-party websites.

Customer may use these features solely as they are provided by us[,/and] solely with respect to the content they are displayed with [and otherwise in accordance with any additional terms and conditions we provide with respect to such features]. Subject to the foregoing, Customer must not:

  • Establish a link from any website that is not owned by Customer.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

[The website from which Customer are linking, or on which Customer make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use].

Customer agrees to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for Customer's convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Customer's use of them. If Customer decide to access any of the third party websites linked to this Website, Customer do so entirely at Customer's own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

Customer understands that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. Customer is responsible for implementing sufficient procedures and checkpoints to satisfy Customer's particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT CUSTOMER'S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO CUSTOMER'S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO CUSTOMER'S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

CUSTOMER'S USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT CUSTOMER'S OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET CUSTOMER'S NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

Customer agrees to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to Customer's violation of these Terms of Use or Customer's use of the Website, including, but not limited to, Customer's User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or Customer's use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee [although we retain the right to bring any suit, action or proceeding against Customer for breach of these Terms of Use in Customer's country of residence or any other relevant country]. Customer waives any and all objections to the exercise of jurisdiction over Customer by such courts and to venue in such courts.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use our Privacy Policy constitute the sole and entire agreement between Customer and COMPANY, with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Customer's Comments and Concerns

This website is operated by Askins Publishing Group.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy www.amlumber.com/dmca in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: alp@amlumber.com

Thank you for visiting www.amlumber.com.

While Company shall take all reasonable efforts for data backup and business resumption, Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Company.