Terms and Conditions – Wood Utility Poles

Terms Of Use

AGREEMENT BETWEEN USER AND NORTH AMERICAN WOOD POLE COUNCIL

The WoodPoles.org website is comprised of various Web pages operated by North American Wood Pole Council (NAWPC).

The WoodPoles.org website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the WoodPoles.org website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

NAWPC reserves the right to change the terms, conditions, and notices under which the WoodPoles.org website is offered, including but not limited to the charges associated with the use of the WoodPoles.org website.

LINKS TO THIRD PARTY SITES

The WoodPoles.org website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of WoodPoles.org and NAWPC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NAWPC is not responsible for webcasting or any other form of transmission received from any Linked Site. WoodPoles.org is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WoodPoles.org of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the WoodPoles.org website, you warrant to WoodPoles.org that you will not use the WoodPoles.org website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the WoodPoles.org website in any manner which could damage, disable, overburden, or impair the WoodPoles.org website or interfere with any other party’s use and enjoyment of the WoodPoles.org website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WoodPoles.org website.

USE OF COMMUNICATION SERVICES

The WoodPoles.org website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

NAWPC has no obligation to monitor the Communication Services. However, NAWPC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NAWPC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

NAWPC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NAWPC’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NAWPC does not control or endorse the content, messages or information found in any Communication Service and, therefore, NAWPC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NAWPC spokespersons, and their views do not necessarily reflect those of NAWPC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO WoodPoles.org OR POSTED AT ANY WoodPoles.org WEBSITE

NAWPC does not claim ownership of the materials you provide to WoodPoles.org (including feedback and suggestions) or post, upload, input or submit to any WoodPoles.org website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting NAWPC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. WoodPoles.org is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NAWPC’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WoodPoles.org WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NAWPC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WoodPoles.org WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WoodPoles.org WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

NAWPC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WoodPoles.org WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NAWPC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAWPC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WoodPoles.org WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WoodPoles.org WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WoodPoles.org WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WoodPoles.org WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NAWPC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WoodPoles.org WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WoodPoles.org WEBSITE.

SERVICE CONTACT : info@wwpi.org

TERMINATION/ACCESS RESTRICTION

NAWPC reserves the right, in its sole discretion, to terminate your access to the WoodPoles.org website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the WoodPoles.org website. Use of the WoodPoles.org website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NAWPC as a result of this agreement or use of the WoodPoles.org website. NAWPC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NAWPC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WoodPoles.org website or information provided to or gathered by WoodPoles.org with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NAWPC with respect to the WoodPoles.org website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NAWPC with respect to the WoodPoles.org website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on North American Wood Pole Council's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on North American Wood Pole Council's web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by North American Wood Pole Council at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on North American Wood Pole Council's web site are provided "as is". North American Wood Pole Council makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, North American Wood Pole Council does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall North American Wood Pole Council or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on North American Wood Pole Council's Internet site, even if North American Wood Pole Council or a North American Wood Pole Council authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on North American Wood Pole Council's web site could include technical, typographical, or photographic errors. North American Wood Pole Council does not warrant that any of the materials on its web site are accurate, complete, or current. North American Wood Pole Council may make changes to the materials contained on its web site at any time without notice. North American Wood Pole Council does not, however, make any commitment to update the materials.

6. Links

North American Wood Pole Council has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by North American Wood Pole Council of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

North American Wood Pole Council may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to North American Wood Pole Council's web site shall be governed by the laws of the State of WA without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

9. User-Submitted Content

"Content" is an all-encompassing term meaning all text, icons, images, videos, software, and audio files that visitors submit directly to us or via our website.

Content also includes your written online reviews of our service. Once submitted, your review may be used in a variety of ways, and, in any case, you grant to us unlimited license to use your content in other media.

This includes reproducing and publishing the material for purposes related to this website or any of its successors.

By submitting a review, you grant to us the right to sub-license the rights to this licensed material.

If you breach any provision of these terms and conditions, or if we believe that you have breached any of these terms and conditions, we have the right to edit or remove your content.