Terms & Conditions
Use of this Site
This Site may be used for lawful purposes only. You may use this Site to review general information about Timber Wolf Forest Products, our products and services, and to place orders subject to our regular terms of sale. You may not modify, reproduce, distribute, rent, lease, loan, sell or create derivative works based upon the materials on the Site, or post any content from this Site to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of an authorized representative of TWFP.
OUR RIGHTS IN THE SITE
TWFP and its licensors reserve all right, title and interest in and to this Site and all materials, information, and compilations of information available on or through the Site, as well as the domain name, design, layout, graphics, programming code and “look and feel” of the Site, the trademarks, service marks, and trade dress related thereto, and all other intellectual property and other proprietary rights embodied therein and appurtenant thereto. You agree that you will have no rights in or to any of the foregoing, express or implied, other than the rights expressly granted in these Terms and Conditions of Use.
TERMINATION OF ACCESS AND USE
Users of this Site are prohibited from violating or attempting to violate the security of this Site, including but not limited to: (1) accessing data not intended for such user or logging onto a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with the services provided by this Site to any user, host or network by means including but not limited to submitting a virus to the Site, “spamming,” “crashing,” or otherwise overloading the Site; (4) sending unsolicited email or communications; (5) forging any information from this Site or leading to this Site in any email or newsgroup posting. Violations of this Site’s security may result in civil or criminal liability. In the event of an actual or perceived violation of the security of the Site, TWFP will cooperate with law enforcement authorities in prosecuting users involved in such violations.
You are responsible for the security, confidentiality, and use of any user name, password or other personal identifier you use in connection with your use of this Site. You will be responsible to pay TWFP or any third party vendors for any goods and/or services obtained through this Site if access to the Site was obtained, or any product or service purchased, through the use of such user name, password or other personal identifier. TWFP may terminate your access to and use of this Site in accordance with the terms and conditions herein if you do not promptly pay any such amounts when due.
TERMS OF SALE
All TWFP products and services are sold pursuant to our regular terms of sale and/or the terms of sale you have previously made with TWFP relating to such transactions as well as these Terms and Conditions of Use. Additional copies of our regular terms of sale and/or the terms of sale you have previously made with TWFP relating to such transactions are available upon request. Please review these terms of sale carefully. Your order or purchase of any product shall constitute your acceptance of these terms of sale.
TWFP has taken commercially reasonable measures to display products and services as accurately as possible through this Site. However, as colors and shapes may depend on your monitor and/or computer system, TWFP cannot guarantee any such accuracy or accept responsibility for the return of such products due to such inaccuracies.
All prices are quoted in US dollars and are subject to change without notice. Shipping charges are prepaid and billed to the buyer unless the order qualifies for free shipping. TWFP attempts to provide accurate product and pricing information and freight quotes when needed. However, pricing or typographical errors may occur. TWFP cannot confirm the price of an item until after you place an order. In the event that an item is listed incorrectly in any manner, TWFP shall have the right to, at its sole discretion, refuse or cancel any such orders and, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
There may be certain orders that TWFP is unable to accept and must cancel. TWFP reserves the right, at its sole discretion, to refuse or cancel any order for any reason. TWFP may also require additional verifications or information before accepting any order. TWFP will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order has been cancelled after you have been charged, TWFP will issue a credit to your account in the amount of the charge
Rejection of Buyer’s Terms
Any terms and conditions contained in Buyer’s purchase order, correspondence or other communications that vary from or conflict with these Terms of Sale are expressly rejected by TWFP, unless memorialized in an binding sales agreement signed by duly authorized representatives of each party.
TWFP reserves the right to delete products or change product specifications at any time without prior notice.
Products Not Listed
Please inquire for related products not listed on this Site.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TWFP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THIS SITE OR THE PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE. TWFP DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, COMPLETE, UP-TO-DATE, CURRENT, OR FREE FROM TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, TWFP HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
LIMITATIONS OF LIABILITY
In no event will TWFP or its directors, officers, employees, agents or affiliates be liable to you or anyone else for any indirect, consequential, special, incidental, exemplary, punitive, or similar damages (including loss of use, loss of profits or loss of data) arising out of or related to the site or your use of the site, or for any decision made or action taken by you in reliance on the information or materials provided on or available through this site, regardless of the form of action, whether in contract, tort, or otherwise, and even if advised of the possibility of such damages and you agree to indemnify TWFP for any such damages incurred or suffered.
To the maximum extent permitted by applicable law, TWFP’s total cumulative liability to you for all claims or suits arising from or related to this site, regardless of the form of action, shall in no event exceed the greater of the amounts paid by you to TWFP in the twelve (12) months preceding the first such claim or one hundred dollars ($100), even if advised of the possibility of such damages. The existence of more than one claim or suits will not expand this limitation.
GOVERNING LAW; JURISDICTION
These Terms and Conditions of Use and the relationship between you and us relating to your use of the Site shall be governed by and interpreted in accordance with the laws of the State of North Carolina, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located within North Carolina for any dispute, claim or action arising out of or related to your use of this Site or these Terms and Conditions of Use, and hereby waive any objections to the jurisdiction and venue of such courts.
You may not assign or delegate any right or duty under these Terms and Conditions of Use or related to this Site without the prior written consent of an authorized officer of TWFP. Any attempted assignment or delegation without such consent will be null and void from the beginning and without further effect. We may assign any right or duty under these Terms and Conditions of Use or related to the Site with or without notice to you. Subject to the foregoing, these Terms and Conditions of Use will be binding on and will inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, and successors and permitted assigns.
No duty or breach of these Terms and Conditions of Use may be waived by any act, omission or knowledge by us, except by an instrument in writing expressly waiving the duty or breach and signed by an authorized representative of TWFP. Any waiver (express or implied) by us of any duty or breach will not constitute a waiver of any other or subsequent duty or breach.
The Site is not intended for or directed at children under the age of 18.
When you visit this Site or send e-mail correspondence or other communications to TWFP, you are communicating with us electronically. At times, TWFP may communicate with you electronically by e-mail correspondence, by postings on this Site or otherwise. By communicating with TWFP electronically, you acknowledge all terms and conditions, agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
If you have questions about the Terms and Conditions of Use for this Site, or any other questions concerning the Site, please contact:
Timber Wolf Forest Products
3189 Freezer Locker Road
Hudson, NC 28638
These Terms and Conditions of Use constitute the entire agreement between you and us with regard to your access to and use of this Site, and supersede all prior and contemporaneous negotiations, statements and agreements, whether written or oral, relating to the subject matter hereof. In the event any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the remaining provisions will continue in full force and effect.