Terms Of Use
AGREEMENT BETWEEN USER AND Cobb Lumber
The Cobb Lumber
Web Site is comprised of various Web pages operated by Cobb
Lumber.
The Cobb Lumber
Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices
contained herein. Your use of the Cobb Lumber Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION
OF THESE TERMS OF USE
Cobb Lumber reserves
the right to change the terms, conditions, and notices under
which the Cobb Lumber Web Site is offered, including but
not limited to the charges associated with the use of the
Cobb Lumber Web Site.
LINKS TO THIRD
PARTY SITES
The Cobb Lumber
Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control
of Cobb Lumber and Cobb Lumber 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. Cobb Lumber is not responsible for webcasting
or any other form of transmission received from any Linked
Site. Cobb Lumber is providing these links to you only as
a convenience, and the inclusion of any link does not imply
endorsement by Cobb Lumber of the site or any association
with its operators.
NO UNLAWFUL
OR PROHIBITED USE
As a condition
of your use of the Cobb Lumber Web Site, you warrant to
Cobb Lumber that you will not use the Cobb Lumber Web Site
for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Cobb
Lumber Web Site in any manner which could damage, disable,
overburden, or impair the Cobb Lumber Web Site or interfere
with any other party's use and enjoyment of the Cobb Lumber
Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made
available or provided for through the Cobb Lumber Web Sites.
USE OF COMMUNICATION
SERVICES
The Cobb Lumber
Web Site 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:
Violate any applicable laws or regulations.
Cobb Lumber has no obligation to monitor the Communication
Services. However, Cobb Lumber reserves the right to review
materials posted to a Communication Service and to remove
any materials in its sole discretion. Cobb Lumber reserves
the right to terminate your access to any or all of the
Communication Services at any time without notice for any
reason whatsoever.
Cobb Lumber 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 Cobb Lumber's sole discretion.
Always use caution
when giving out any personally identifying information about
yourself or your children in any Communication Service.
Cobb Lumber does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
Cobb Lumber 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 Cobb Lumber spokespersons,
and their views do not necessarily reflect those of Cobb
Lumber.
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 Cobb Lumber OR POSTED AT ANY Cobb Lumber WEB SITE
Cobb Lumber does
not claim ownership of the materials you provide to Cobb
Lumber (including feedback and suggestions) or post, upload,
input or submit to any Cobb Lumber Web Site or its associated
services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting
your Submission you are granting Cobb Lumber, 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. Cobb Lumber is under no obligation to
post or use any Submission you may provide and may remove
any Submission at any time in Cobb Lumber'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 Cobb Lumber WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Cobb Lumber AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Cobb Lumber
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Cobb Lumber
WEB SITE 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.
Cobb Lumber 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 Cobb Lumber WEB SITE 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. Cobb Lumber 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 Cobb
Lumber 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 Cobb Lumber
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Cobb Lumber
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Cobb
Lumber WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE Cobb Lumber WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Cobb
Lumber 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
Cobb Lumber WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Cobb Lumber WEB SITE.
SERVICE CONTACT
: peter@netdot.com
TERMINATION/ACCESS
RESTRICTION
Cobb Lumber reserves
the right, in its sole discretion, to terminate your access
to the Cobb Lumber Web Site 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 King County, Washington, U.S.A. in all
disputes arising out of or relating to the use of the Cobb
Lumber Web Site. Use of the Cobb Lumber Web Site 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
Cobb Lumber as a result of this agreement or use of the
Cobb Lumber Web Site. Cobb Lumber's performance of this
agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation
of Cobb Lumber's right to comply with governmental, court
and law enforcement requests or requirements relating to
your use of the Cobb Lumber Web Site or information provided
to or gathered by Cobb Lumber 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 Cobb Lumber with
respect to the Cobb Lumber Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Cobb Lumber
with respect to the Cobb Lumber Web Site. 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
an d 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:
All contents
of the Cobb Lumber Web Site are: and/or its suppliers. All
rights reserved.
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.