Terms and Conditions

Welcome to TimberBuySell.com, Your Marketplace for Forest Resources.

We ask that you review these Terms & Conditions of Use, which are intended to constitute a binding license agreement that conditions your use of this site ("Agreement"). Our goal is to protect our rights in order to provide you with access to the free content available at this site. If you do not wish to be bound by this Agreement after you have read it, please leave the site. If you remain on this site, or return thereafter, you agree to be bound by this Agreement.

The submission of information to, and use of, the business listing service ("Service") available through the TimberBuySell web site (located at www.timberbuysell.com ), is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS.  These Terms and Conditions are a legal agreement between you and TimberBuySell, an operating division of Montana Community Development Corp. ("TimberBuySell", "timberbuysell.com," Timber Buy Sell, or the "Company").

Responsible Conduct
You agree to act responsibly at this site and to treat other visitors with respect.

Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service.  All questions concerning this Agreement should be directed to:  Montana Community Development Corporation (MCDC) 110 East Broadway 2nd Floor, Missoula, MT 59802.  TimberBuySell may update these terms and conditions at any time and without notice.  The latest version of the terms and conditions is available on the TimberBuySell website at http://timberbuysell.com/Community/Terms.asp .

We, Timber Buy Sell, may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party.  We reserve the right to modify these Terms of Service from time to time without notice.  Please review these Terms of Service from time to time so that you will be apprised of any changes.

Limited License/Copyright and Intellectual Property Law Restrictions
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

Except for public domain material, the content on this site is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the material at this site ("Content") while connected to this siteTimberBuySell.com (including, if offered and where available, to email individual Content to friends directly from this site). You are also granted a limited license to print one copy of any Content posted at the site. Except as expressly provided above, all rights are reserved.

Among other things, except to the extent required for the limited purpose of reviewing material on our site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to or deletion of author attribution or copyright notices are prohibited. Use of any of our trademarks as metatags on other web sites also is strictly prohibited. You may not display this website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us through our feedback form. You may, however, establish ordinary links to our site without our written permission.

Links
We may provide links from our site to other sites as a convenience to our visitors. We have no control over linked sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement.

News, Events Calendar and other self-publishing 3rd party products
Although we do not have any obligation to monitor these services, or this self-published content, we reserve the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us in our sole discretion and to disclose any information necessary to satisfy the law, regulation, or government request. We also reserve the right to permanently block any user who violates these terms and conditions.

Disclaimer of Warranties
You expressly agree that use of this website is at your sole risk.  There is no warranty that your access to or use of this site will be uninterrupted or error-free; or that any particular results may be obtained by use of this site.  This site is made available on an as is basis without warranties of any kind, whether express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, non-infringement or otherwise, other than those which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.  Neither we nor any other person or entity providing content via this site shall be liable to you for any direct, indirect, incidental, special or consequential damages.
 
Modifications/Termination
The terms of this agreement will not be modified on an individual basis. You agree that we may modify the terms of this Agreement (or discontinue this site) in our sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. You should therefore visit this page frequently.

Membership Privileges
Membership privileges are granted by CompanyTimberBuySell to individuals or companies and are granted specifically to the subscribing registered member only.  Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of CompanyTimber Buy Sell.  Company TimberBuySell.com requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the TimberBuySell system.  [n4]Members are not permitted to share their individual logon information with others.  Company TimberBuySell 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 TimberBuySell service.

Company TimberBuySell.com utilizes email as a vital and primary communication channel with customers.  As a registered user, Customers hereby acknowledge and grant Company Timber Buy Sell the permission to communicate with customers via email (as well as other communication channels such as phone and fax) for any purposes Company TimberBuySell determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages.  Company TimberBuySell.com will use best efforts to honor Customers TimberBuySells request to opt out of marketing messages, but under no circumstances will CompanyTimberBuySell have any liability for sending any email to its registered users/customers.

Submission and Administration of Listings
Customer agrees not to submit any business descriptions, photographs, financial, contact or other information contained in each business's data to TimberBuySell unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the business on the Customer's website or on the TimberBuySell website.  The Company TimberBuySell.com may, in its sole discretion but without any obligation to search for such, remove a business listing (Business or Listing) that is alleged to have been submitted in violation of this provision.  In addition, the Company Timber Buy Sell may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Listings or other information in violation of this Agreement.  The Company TimberBuySell will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. 

Additionally, the Customer agrees to allow the Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the Company TimberBuySell.com website.  Timber Buy Sellhe Company shall have the sole authority to choose the manner in which any Business will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Company TimberBuySell.com website and Company Timber Buy Sell shall have the right to modify the Business Listing in the exercise of its rights under this Agreement. 

The Customer (a) represents and warrants that all Businesses and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a Listing on the TimberBuySell system under a name other than the name of the Business; (c) agrees to administer the Listings provided by the Customer and maintain their accuracy at all times.  The Company TimberBuySell.com reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Listing posted on the Company Timber Buy Sell website.  The CompanyTimberBuySell accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer.  While TimberBuySell.comthe Company  shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to TimberBuySell.comCompany.

Use of Information
Customer agrees to treat all information obtained from the CompanyTimberBuySell, including business listings, business broker directory , pricing reports, and any other information otherwise made available to Customer by the CompanyTimber Buy Sell (individually and collectively, the "Content") as proprietary to CompanyTimberBuySell.com.  Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of CompanyTimberBuySell.com.  CompanyTimberBuySell does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. 

Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence.  Customer shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.  Customer shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device.  Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.

While using the Sites, you will not:

• post content or items in an inappropriate category or areas on the Sites;
• violate any laws, third party rights, or our policies;
• * use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• manipulate the price of any item or interfere with other user's listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to the CompanyTimber Buy Sell;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to the CompanyTimberBuySell.com);
• transfer your account and User ID to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm the CompanyTimberBuySell, or the interests or property of the Company's TimberBuySell's users; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from   the Sites without the prior expressed written permission of TimberBuySell and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites.

Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.  We also reserve the right to cancel unconfirmed accounts.

Jurisdiction
This Web site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to this site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in the State of Montana.