WEBSITE TERMS OF SERVICE AGREEMENT
These Terms of Service (“TOS”) establish the terms and conditions under which you may access and use www.altruwood.com (“Website”). These TOS are effective as of July 1, 2009.
1. License and Website Access
AltruWood Inc. (“AltruWood,” also referred to as “us” and “our”) grants you permission to view this Website provided that you agree to and accept without modification the notices, terms and conditions set forth in this TOS. If you do not consent to the following TOS — do not access the Website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. As a condition of this your use of this Website, you represent and warrant to AltruWood that you will not use this Website for any purpose that is unlawful or prohibited by the these TOS. Other than this TOS and contracts between AltruWood and you relating to the sale of products or services through this Website, AltruWood will not enter into any agreement with you or obligation to you through this Site and not attempt to create such an agreement or obligation will be effective.
2. No Warranties; Limitation of Liability
ALTRUWOOD MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ALTRUWOOD SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. ALTRUWOOD SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER ALTRUWOOD, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
3. Third Party Sites
This website may contain links to other unrelated websites on the Internet. We are not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such sites.
4. Customer Comments
By submitting a comment to an article on Website, you certify that you are the sole author of said work: the comment is free of plagiarism, and in no way infringes upon the rights of any third party. All quotations, no matter their length, must be credited to their original source. Comments found to be in violation of these requirements are subject to removal at the sole discretion of AltruWood.
AltruWood has the right but not the obligation to edit or remove any customer comments at any time. AltruWood takes no responsibility and assumes no liability for any content posted by you or any third party.
5. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information is provided by the vendors or collected from publicly available sources. While we try to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website. We make no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor is at your own risk.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Website are registered and unregistered Trademarks of AltruWood and others. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website, without the prior written permission of the Trademark owner. AltruWood aggressively enforces its intellectual property rights to the fullest extent of the law. The name of AltruWood, the AltruWood logo or other AltruWood formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without prior, written permission from AltruWood. AltruWood prohibits use of the AltruWood logo as part of a link to or from any site unless establishment of such a link is approved in advance by AltruWood in writing. Fair use of AltruWood’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Website may be the Trademarks of their respective owners.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AltruWood or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of AltruWood and protected by U.S. and international copyright laws. The technology and the software underlying the Website are the property of AltruWood, its affiliates, and partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Website or the Services. You agree not to modify the software underlying our Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Website.
AltruWood reserves the right to change these TOS at any time. Such changes will be immediately effective when posted. For this reason, please check the TOS each time you access our Website. Your continued use of the Website after changes are posted constitutes your acknowledgment, recognition, and consent to these TOS as modified.
9. Controlling Law; Arbitration of Disputes
This website is maintained through AltruWood’s offices located in Portland, Oregon. Accordingly, this agreement shall be deemed to have been made in the United States in the state of Oregon and shall be governed exclusively by the laws of the State of Oregon without reference to principles of conflicts of law. By using this website, you consent to exclusive jurisdiction and venue in the state of Oregon.
You agree that any dispute arising out of or relating in any way to your use of this website or the purchase of services or products from us requires that such claim be resolved exclusively by binding arbitration. The arbitration shall be conducted by a single arbitrator in the city of Portland, Oregon, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these TOS, the arbitrator shall be authorized to award either party any remedy permitted by applicable law. Any AAA arbitration costs in this arbitration proceeding shall be paid by AltruWood.
BECAUSE THE USE OF THIS WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN US, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
Should this arbitration agreement be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Portland, Oregon.
10. General Provisions