These Terms and Conditions for Site Use are applicable to the TimberTech Limited ("TimberTech") Web site found at www.timbertech.com (the "Site").
Use of Site. By use of the Site, you agree to all of the terms, conditions, and notices contained or referenced in the Site (the "Terms and Conditions"). If you do not agree to the Terms and Conditions, do not use the Site. TimberTech reserves the right to update or revise the Terms and Conditions. Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
Copyright. The entire content of the Site is protected by copyright. You may not copy, distribute, or create derivative works from any part of this Web site (including its graphics, pictorial matter, and text) without the prior written consent of TimberTech unless otherwise expressly permitted by the Site.
Trademarks and Patents. TimberTech is a Crane Building Products® company. TimberTech®, Less Work. More Life.®, XLM®, Floorizon®, Earthwood®, TwinFinish®, RadianceRail®, BuilderRail®, DeckLites®, CONCEALoc®, BuilderBoard®, TwinFascia®, TwinRiser®, FenceScape®, Looks Better. Lasts Longer.®, the swirl design, VertiGrain™, DockSider™, and ReliaBoard™ are trademarks, service marks or trade names of TimberTech and may not be used without prior written permission.
DrySpace is manufactured for TimberTech by Crane Plastics LLC. Crane Plastics' use of the mark DrySpace™ is with consent of DrySpace, Inc., in Cedar Rapids, Iowa. Crane Plastics and DrySpace Inc., are not affiliated in any way. Neither company warrants the goods or services of the other.
TimberTech products are covered by one or more of the following U.S. Patents: 5,393,536; 5,783,125; 5,827,462; 5,836,128; 5,866,264; 6,011,091; 6,035,588; 6,103,791; 6,117,924; 6,131,355; 6,180,257; 6,248,813; 6,272,808; 6,337,138; 6,344,504; 6,409,952; 6,423,257; 6,453,630; 6,464,913; 6,498,205; 6,511,757; 6,578,368; 6,579,605; 6,590,004; 6,617,376; 6,632,863; 6,637,213; 6,662,515; 6,685,858; 6,708,504; 6,780,359; 6,784,216, 6,863,972 6,984,676, 6,971,211 and other patents pending.
Other names, logos, designs, titles, words, or phrases within this Site may also be trademarks, service marks, or trade names of TimberTech or affiliated companies and may not be used without prior written permission. TimberTech claims no interest in marks owned by other entities not affiliated with TimberTech, which may appear on this Site.
Homeowners. Please be advised that TimberTech® Gold, Silver, and Bronze Dealers and TimberTech Gold, Silver, and Bronze Contractors are not affiliated with, related to, nor agents or representatives of TimberTech Limited. Each dealer and each contractor is independently owned and operated, separate and apart from TimberTech Limited. TimberTech Limited is not responsible for the acts, errors or omissions of a dealer or a contractor in any way, and TimberTech makes no representations or warranties as to the performance or work product of any dealer or any contractor. The property owner is solely responsible for selecting a specific dealer or contractor based upon his/her individual assessment, evaluation and research of each dealer and contractor.
No Endorsement. Any links on this Site to third party Web sites are not an endorsement, sponsorship, or recommendation of the third parties or the third parties' ideas, products, or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation. If you follow links to third party Web sites, including the Web sites of any other companies affiliated or unaffiliated with TimberTech, you are subject to the terms and conditions and privacy policies of those sites, and TimberTech makes no warranty or representations regarding those sites. Further, TimberTech is not responsible for the content of third party or affiliated company sites or any actions, inactions, results, or damages caused by visiting those sites.
No Guaranty of International Service or Compliance. This Site was designed for and is operated in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws.
DISCLAIMER OF WARRANTIES. THE MATERIAL IN THIS WEB SITE IS PROVIDED "AS IS," WITHOUT ANY KIND OF WARRANTY. THE MATERIAL ON THIS WEB SITE IS NOT A WARRANTY AS TO ANY PRODUCT OR SERVICE PROVIDED BY TIMBERTECH OR ANY SUBSIDIARIES. WARRANTIES, IF ANY, ACCOMPANY THE PRODUCT OR SERVICE WHEN PURCHASED BY A CUSTOMER.
LIMITATION OF LIABILITY. TIMBERTECH IS NOT LIABLE FOR ANY ERRORS, DELAYS, INACCURACIES, OR OMISSIONS IN THIS SITE OR ANY SITES THAT ARE LINKED TO, OR REFERRED TO BY, THIS SITE. UNDER NO CIRCUMSTANCES SHALL TIMBERTECH BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TIMBERTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Jurisdiction and Venue. You and TimberTech agree that the laws of the State of Ohio will apply to all matters arising from or relating to use of this Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and TimberTech also agree and hereby submit to the exclusive personal jurisdiction and venue of the Common Pleas Court of Franklin County, Ohio and the United States District Court for the Southern District of Ohio with respect to such matters.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and TimberTech with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and TimberTech with respect to this Site. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Copyright © 2009 TimberTech. All Rights Reserved.