This is a legal agreement between you ("You") and Timberline Financial ("We" or "Timberline Financial"). Please read carefully the following terms and conditions contained in this terms of service agreement ("Agreement") as they govern your access to and use of this website, and other Timberline Financial services (collectively, the "Website"). Timberline Financial is willing to license the use of the website to you only on the condition that you accept and agree to all of the terms and conditions contained in this agreement.
The foregoing license is limited. You therefore may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by this Agreement, (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof); or (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof). In addition, You acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth below.
Subject to Timberline Financial's right to monitor or audit compliance, You acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Website, You also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Website. In addition, You agree to assume all responsibility for your use, and the results of your use, of the Website, including meeting any requirements of your contracts with third parties or other persons.
The contents of the Website, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of the Website (collectively, "Material") unless otherwise indicated, are owned, controlled, and licensed by Timberline Financial or its licensors. Any rights granted hereby are expressly licensed. Timberline Financial does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to You or anyone else. Accordingly, your unauthorized use of the Website (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Website and Material is Copyright © 2023 Timberline Financial and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Website or Material, including notices on any audio/visual material You access, download, transmit, display, print or reproduce from the Website. You shall not, nor will You allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Website), or otherwise use, any Material without the express prior written consent of Timberline Financial or its owner Timberline Financial is not the owner. Timberline Financial and all other names, logos, and icons identifying Timberline Financial and its products and services are proprietary trademarks of Timberline Financial (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Timberline Financial is strictly prohibited. Other product and company names mentioned herein or on the Website may be the trademarks and/or service marks of their respective owners.
Links to Other Sites
Timberline Financial may provide links, in its sole discretion, to other sites from which You can purchase goods or services from third party merchants. Timberline Financial is not a seller or owner of any goods or services advertised, featured, or otherwise mentioned on these sites. These sites have not necessarily been reviewed by Timberline Financial and are maintained by third parties over which Timberline Financial exercises no control. Accordingly, Timberline Financial expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Websites. Moreover, these links do not imply an endorsement with respect to any third party or any Website or the products or services provided by any third party. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Website, including "click to purchase," "co-registration," and other similar programs, including payment and delivery of related goods or services, are solely between You and such merchant or advertiser.
Offers and Promotions
Timberline Financial distributes third party product information and product promotional offers to our users. We are not responsible for errors, omissions, or the expiration dates of any promotional offer. It is Your responsibility to ensure that a discount, free offer or other promotional offer is present during the checkout process at the selected merchant Website from which you purchase a product. All featured offers and promotions are subject to change without notice and Timberline Financial does not exercise any control over the ability of any merchant to complete the sale in accordance with such offers and promotions.
Product Display and Colors
Timberline Financial does not guarantee that the color of the product images on the Website matches the actual color of the products. Please note that the appearance of colors on the Website may be influenced by the monitor You use to view the Website.
The Website may include certain services that are available to You via your mobile phone or other mobile device if You have subscribed to them, including the ability to use your mobile device to receive and reply to messages from Timberline Financial, and access certain other features (collectively, "Mobile Services"). Although Timberline Financial does not charge You for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, You are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, You agree that Timberline Financial may communicate with You by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Timberline Financial. In the event You change or deactivate your mobile telephone number, You agree promptly to update your mobile subscription account information to ensure that the messages Timberline Financial intends to send to You are not sent to another person who acquires your former mobile telephone number.
Timberline Financial welcomes your feedback and suggestions about Timberline Financial's products or services or with respect to how to improve the Website. If You transmit any feedback or suggestions and any related information, material, or other content (collectively, "feedback") to Timberline Financial, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey such feedback to Timberline Financial. In addition, any feedback received by Timberline Financial will be deemed to include from You a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Timberline Financial to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and You hereby waive any claim to the contrary.
Unless we specifically tell you in writing that we want to move forward with your feedback and that we agree to pay you a specific rate (or to link to your Website) in writing, you are not entitled to any compensation for your feedback. Additionally, we may already have ideas or plans in progress that are similar to yours, and we are not responsible for any similarities between your feedback and our current or future content or actions; any such similarities are purely coincidental.
Representations and Warranties
You represent and warrant to Timberline Financial that (i) You are at least the legal age of majority, (ii) You are authorized to enter into this Agreement, (iii) You will access and view the Website and the Materials for your personal, non-commercial use only; (iv) You will not use the Website or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of Timberline Financial or any third party; (v) any information or data provided to Timberline Financial by You will not violate any law or regulation or infringe the rights of Timberline Financial or any third party; (vi) all information that You provide to us in connection with the Website (e.g., name, e-mail address, and/or other information) is true and accurate; and (vii) You are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
This Website and Materials are provided "as-is". Timberline Financial does not warrant, guarantee, or make any representations regarding the us, or the results of the use, of the Website or Materials in terms of availability, accuracy, reliability, currentness, completeness, functionality, intended purpose, or otherwise. Timberline Financial also does not represent or warrant that the Website or Materials will operate error-free, uninterrupted, or in a manner that will meet your requirements. The entire risk as to the quality and performance of the Website is with you. The Website, the Materials, and any associated information are provided "as is" and "as available", and Timberline Financial hereby disclaims any and all warranties, express or implied, including, without limitation, any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
Limitation of Liability
You acknowledge and agree that Timberline Financial shall not be liable or responsible for any claim, damage, or loss resulting from a cause beyond Timberline Financial's control, including, but not limited to, offers or promotions made available on the Website, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, governmental restrictions, or any claim, damage, or loss arising out of transactions or interactions between You, third party merchants or anyone else. You specifically acknowledge that Timberline Financial shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
Moreover, you agree that in no event shall Timberline Financial be liable for any indirect, punitive, incidental, special, or consequential damages, including, without limitation, for the lost profits, for lost data, arising out of or in any way connected with your use of the website, or for any information or Materials available throughout the Website, whether based in contract, tort, strict liability, or otherwise, even if Timberline Financial has been advised of the possibility of damages. Without limitation of the foregoing, total liability of Timberline Financial for an reason whatsoever related to the use of the Website, results from use of the Website, or for any claims relating to this agreement shall not exceed one thousand dollars ($1,000 USD).
This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of New York, U.S.A., as applied to agreements entered into and completely performed in the State of New York. The state or local courts in the State of New York will have exclusive jurisdiction and venue over all controversies in connection with this Agreement, and You hereby consent to such exclusive and personal jurisdiction and venue. Any claim You might have against Timberline Financial must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys' fees in any proceeding. Please contact Timberline Financial if You wish to receive a printed copy of this Agreement.
Timberline Financial wishes to maintain the Website as a helpful resource for all of its users. As it relates to Timberline Financial, You therefore have no reasonable expectation of privacy while using the Website because Timberline Financial reserves the right to view, monitor, and/or record activity on the Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Website may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall You permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Timberline Financial for use of or with the Website. Moreover, You also acknowledge that any breach, threatened or actual, of this Agreement by You may cause irreparable injury to Timberline Financial and/or its licensors, such injury would not be quantifiable in monetary damages, and Timberline Financial and/or its licensors would not have an adequate remedy at law. You therefore agree that Timberline Financial and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that Timberline Financial or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Timberline Financial to enforce any provision of this Agreement.
Disputes and Arbitration
You agree that Timberline Financial has the right to submit any controversy or claim (a "Dispute") that either party may have against the other to non-binding mediation before you can initiate any lawsuit. If we choose to submit a Dispute to mediation, the parties shall equally share in paying for the costs of the mediator, but the parties agree to pay their own attorney fees and costs prior to and at the mediation.
If mediation is unsuccessful, or if Timberline Financial chooses not to mediate, Timberline Financial can do any of the following with regard to a Dispute: (i) submit the Dispute to binding arbitration in accordance with the rules of the American Arbitration Association, then in effect; (ii) compel arbitration (if you initiate a legal proceeding); or (iii) file, defend or otherwise participate in a lawsuit regarding the Dispute, without arbitrating. The prevailing party in any arbitration or litigation shall be entitled to recover reasonable attorneys' fees and costs (except for arbitrator costs). Notwithstanding anything else contained herein, we shall be entitled to seek injunctive or equitable relief at any time in the state or federal courts in the Western District of New York and any other court with jurisdiction over the parties.
The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration hereunder shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.
By using the Website, you affirm, agree, and warrant that any Dispute will be arbitrated or litigated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions.
Timberline Financial also reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to terminate this Agreement with You (including any registered account) in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that Timberline Financial shall have the sole right to determine in its reasonable discretion whether You are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. Timberline Financial shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of this Agreement in accordance with this section. You may also terminate at any time by ceasing to use the Website. But, all applicable provisions of this Agreement will survive termination, as outlined below. Any licenses from Timberline Financial and any right to use the Website shall immediately cease upon termination of this Agreement. The provisions concerning feedback, Timberline Financial's ownership rights, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this Agreement for any reason.
Changes to the Terms of Services
Please note that Timberline Financial reserves the right to change the terms and conditions of this Agreement and by which the Website is extended to You by providing You in writing or electronically a copy of such revised terms (or notice thereof). Timberline Financial also has the exclusive right to provide updates, upgrades, and/or changes to any aspect of the Website at any time. Your continued use of the Website following any such change to such Website will be deemed acceptance of any change to this Agreement or the Website.
The relationship between You and Timberline Financial is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Timberline Financial's prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, Timberline Financial may assign this Agreement in whole or in part. Moreover, Timberline Financial may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement. Failure by Timberline Financial to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of that or any subsequent default or failure of performance. In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, You agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for convenience only and have no legal or contractual effect.