SUBSCRIBE TO OUR:
 
globe.png
 
GLOBAL WOOD
& FIBER SUPPLY
CHAIN EXPERTS

mail.pngtwitter.pnglinkedin.pnglinkedin-slide.png

TERMS & CONDITIONS

TERMS OF USE. The Forest2Market.com Web site and all other sites operated by Forest2Market, Incorporated or its affiliates (collectively, the “F2M Web Sites,” each, a “Site”) are the property of Forest2Market, Incorporated or its affiliates (collectively, “F2M”).  These Terms of Use apply to your access of and use of the F2M Web Sites.  By accessing or using a Site, you agree to be bound to these Terms of Use, including any other terms, conditions or policies that appear on our Sites, which terms, conditions and policies are incorporated herein by reference.  If you do not agree to these Terms of Use, do not access or use any Site offered by F2M and do not engage in any services offered by us. 

Review these Terms of Use to learn what users may and may not do with or on the F2M Web Sites. We reserve the right, in our sole discretion, to terminate, change, suspend or discontinue any aspect of our Sites, including, but not limited to, content, features, and to impose limits on certain features of our sites or restrict your access to all or part of any of the F2M Web Sites without notice or penalty.

F2M reserves the right to change these Terms of Use from time to time, and at any time, with or without notice to you, by posting such changes on the Site. It is your responsibility to check these Terms of Use periodically for changes.  By using the Site following any modifications to these Terms of Use, you agree to be bound by any such modifications to these Terms of Use.

PRIVACY POLICY. F2M’s Privacy Policy applies to the use of all F2M Web Sites and it is incorporated into these Terms of Use by reference. 

CONTENT. F2M owns, solely and exclusively, all rights, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to your ownership of any of the foregoing. The Site is copyrighted as a collective work under the United States and other copyright laws, and is the property of F2M and includes works that are licensed to F2M. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, F2M or its licensor. We do not grant any license or other authorization to use the Marks.

RESTRICTIONS ON USE OF THE F2M SITES. You may not copy, reproduce, distribute (including mirroring, data-mining or data scraping), transmit, publicly display, upload, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the F2M Web Sites or any content, information, products or services obtained from the F2M Web Sites, for any commercial purpose or enterprise.  You may not use the F2M Web Sites or any content within the F2M Web Sites for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of F2M, its affiliates or other individuals.

You may not: (a) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing,  telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the F2M Web Sites or any content on the F2M Web Sites; (b) decompile, disassemble or reverse engineer the F2M Web Sites or any portion thereof or (d) attempt, by hacking, password "mining" or any other means to gain unauthorized access to the F2M Web Sites, any portion or features of the F2M Web Sites or any of the services offered on or through the F2M Web Sites. You may not use the F2M Web Sites in any manner that could damage, disable, overburden, or impair the F2M Web Sites or interfere with any other individual's use and enjoyment of the F2M Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the F2M Web Sites.  You may not breach the security or authentication measures on the F2M Web Sites or any network connected to the F2M Web Sites.

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the F2M Web Sites, or any other customer of F2M, to its source, or exploit the F2M Web Sites or any service or information made available or offered by or through the F2M Web Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by a Site.  You may not upload, post or transmit to, distribute or otherwise publish through a Site any materials that restrict or inhibit any other user from using and enjoying a Site, constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

ACCOUNTS AND PASSWORDS. We may issue you, or enable you to establish, a username and password for one or more F2M Web Sites. If so, you are responsible for maintaining the confidentiality of your account information and account password, and for any activity that occurs under your account, including any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password information. You will (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify F2M when you desire to cancel your account on the F2M Web Sites.  You may not use anyone else’s password or account at any time on the F2M Web Sites. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by F2M or any other user to the F2M Web Sites if your failure to keep your account information secure and confidential results in someone else's use of your account, password and account information.

PURCHASES. You agree to pay the price that is stated at the time of an order for a particular product, service or database license, along with any applicable sales taxes.  Prices and availability of products and services are subject to change without notice.  F2M reserves the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Unless otherwise specified, all charges are nonrefundable. 

Any credit card or debit card payments made by you via the Sites are processed by a third-party payment processor. Generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). Please review all payment and transaction policies available on the applicable F2M Web Site and/or contact your credit card issuer for more information.  For digitally delivered or accessed orders, including subscription licenses, your credit or debit card will be charged at the time that you initiate the download of the product, service or information. 

If you believe someone has made unauthorized use of your account or you are being charged for a product or service that you did not receive, please use the contact us link on the Sites or call us at 1-980-233-4010.

ORDERS. We, or a representative on our behalf, may confirm an online order by phone and may request additional information to verify the legitimacy of the order or the identity of the purchaser. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address or other contact information you have provided to us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.  Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. All sales made through the Sites are subject to F2M's return policy.

USER-SUBMITTED CONTENT AND PARTICIPATION IN PUBLIC FORUMS. F2M offers on one or more of the F2M Web Sites the opportunity for users to post or submit content in various forms, including video, music, images, sounds, endorsements, photographs, graphics, comments and other material or information you upload or transmit to public forums on a Site, including any chat text or status updates ("User Content").  You may only upload to a Site User Content that you have the legitimate rights to share, that you created and own, or that you have express permission from the rightful owner to use.  By uploading any User Content to a Site, you represent and warrant that your uploading and use of such User Content does not violate or infringe the rights of any third party in or to the User Content.   Public forums are areas, sites or features on a Site, including chat areas, message boards, instant messages, mobile messaging, blogs and send-a-friend emails.

Harassment in any manner or form on any of the F2M Web Sites, including via e-mail, chat or by obscene or abusive language, is strictly forbidden. You may not upload to, distribute, or otherwise publish through a Site any content which: (a) exploits the images or likenesses of minors, (b) uses the names or likenesses or persons living or dead without their permission, or that impersonates any person or entity,  (c) infringes another's right of publicity or right of privacy, (d) is generally offensive or inappropriate, libelous, defamatory, fraudulent, obscene, pornographic, threatening, intimidating, abusive, in violation of any applicable law, regulation or ordinance, or otherwise objectionable, or (e) which may constitute or encourage a criminal or civil offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on a Site or use a Site to solicit others to join or become members of any other commercial online service or other organization.

You may only post or submit User Content on public forum areas of a Site where F2M has given you permission to do so, and by posting User Content to a Site, you hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any User Content or substituting the lyrics and music in any User Content with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity; and you grant F2M the right to use the name that you submit in connection with the submission or posting of any User Content to a Site. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose the publication, use, modification, deletion and exploitation of the User Content by F2M or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Content; and (d) you release F2M from any claims that you could otherwise assert against F2M by virtue of any moral rights.

By viewing communications in any public forum on a Site, you acknowledge and agree that public forums are for public rather than private communications and you have no expectation of privacy with regard to any User Content submitted to a public forum.  We cannot and do not guarantee the security of any information you disclose on a Site. F2M has no obligation to screen, edit or monitor User Content posted to or created by users accessing a Site and is not responsible for the content of User Content. Your use of a Site, including any disclosures you make, is at your own risk. Opinions posted on public forum areas of a Site and elsewhere by users are not the opinions of F2M. You acknowledge that by providing you with the ability to view and distribute User Content on the F2M Web Sites, F2M is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the F2M Web Sites. Nonetheless, F2M reserves the right, and has sole discretion, to block or remove without notice User Content posted or stored on the F2M Web Sites. 

NOTICES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT AND TAKEDOWN PROCEDURE. If you believe that material on this Site infringes your copyright, please send a notice by mail or email to F2M’s copyright agent, Sam Houston, at 15720 John J. Delaney Drive, Charlotte, NC 2827 or at copyright@forest2market.com, requesting that the infringing material be removed. The notice must contain the following information:

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the User Content you claim is infringing the copyrighted work, and information that will allow us to locate that User Content on a Site, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, including an email address and telephone number.
  4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a takedown notice submitted as set forth above, F2M will follow the procedures set forth in the Digital Millennium Copyright Act for investigating and responding to such notices. 

REPEAT INFRINGER POLICY. F2M has adopted and implemented a policy of terminating, in appropriate circumstances and at our sole discretion, user accounts and submitters who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the F2M Web Sites of any users who infringe intellectual property rights of others, whether or not there is any repeat infringement.

UNSOLICITED IDEAS. We do not solicit nor do we wish to receive any ideas or suggestions from you regarding current or future products, services, promotions, opportunities or advertising (a "Submission"), whether submitted to a Site, by e-mail or in any other manner.  If you nonetheless submit a Submission to us, you agree that any Submission you make will automatically become the property of F2M, is not confidential, and that you have no expectation of any review, compensation or consideration of any type.

LINKS TO UNAFFILIATED SITES AND SUBMISSIONS TO UNAFFILIATED ENTITIES. In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by entities other than F2M or its affiliates (the “Linked Sites”). F2M does not control the Linked Sites, which have privacy and data collection practices independent of F2M. F2M has no responsibility or liability for or with respect to the accuracy or availability of information provided by Linked Sites or the independent policies or actions on or of the Linked Sites, and F2M is not responsible for the privacy practices or for the content of Linked Sites. Links to Linked Sites are only for your convenience and you access them at your own risk. Links do not imply that F2M sponsors, endorses or is affiliated or associated with Linked Sites or the content, products, advertising or other materials presented on such Linked Sites. Nonetheless, F2M seeks to protect the integrity of its Site and the links placed upon it and requests any feedback regarding not only the F2M Web Sites, but regarding sites it links to as well (including if a specific link does not work). You should contact the site administrator for the Linked Sites if you have any concerns, including questions relating to the collection or use of information, in connection with such Linked Sites. 

CHILDREN. THIS SITE IS ONLY INTENDED FOR VIEWING IN THE UNITED STATES IF YOU ARE EIGHTEEN (18) YEARS OR OLDER and not a minor in your state of residence. If you are not an intended user, do not use or view this Site.

DISCLAIMER. THE SITES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. F2M HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO), WARRANTIES:

  • THAT THE CONTENT OF THE F2M WEB SITES IS ERROR-FREE, OF ANY PARTICULAR LEVEL OF QUALITY, NON-INFRINGING, OR FIT FOR A PARTICULAR PURPOSE.
  • THAT DEFECTS OR INACCURACIES WILL BE CORRECTED.
  • THAT THE CONTENT OF THE F2M WEB SITES WILL REMAIN AVAILABLE TO YOU.
  • THAT OPERATION OF THE F2M WEB SITES WILL BE UNINTERRUPTED.
  • THAT THE F2M WEB SITES, CONTENT, AND THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • THAT ANY PARTICULAR RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY RECIPES, DIRECTIONS, INSTRUCTIONS OR ADVICE ON THE F2M WEB SITES.

F2M FURTHER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED, PURCHASED, OR OFFERED ON OR THROUGH THE F2M WEB SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, F2M HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR NON-COMPLIANCE WITH ANY CODES, INFRINGEMENT OR MISAPPROPRIATION.  In certain jurisdictions, the law may not allow us to disclaim or exclude warranties, so the disclaimers above may not apply to you.

LIMITATION OF LIABILITY. IN NO EVENT SHALL F2M OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF F2M HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. YOUR SOLE REMEDY AGAINST F2M FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT.

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the F2M Web Sites, your submission of User Content or of other unsolicited submissions, your breach or violation of the law, any third party right or of these Terms of Use or any activity related to your Site account (including negligent or wrongful conduct), by you or any other person accessing a Site using your Site account. 

GOVERNING LAWS. These Terms of Use and the relationship between you and F2M shall be governed in all respects by the laws of the state of North Carolina, U.S.A., without regard to conflicts of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.

We control and operate the F2M Web Sites from our offices in the United States of America.  F2M makes no representation that materials on the F2M Web Sites are appropriate or available for use in other countries, and access to them from countries or territories where the F2M Web Sites 'content is illegal is prohibited. Persons who choose to access a Site from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content of the F2M Web Sites in violation of U.S. or any other jurisdiction’s export, re-export or import laws and regulations. 

You agree that the exclusive jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site or these Terms of Use (including but not limited to the purchase of F2M products, information or services) shall be in the state or federal courts located in Mecklenburg County, North Carolina, and you agree to submit to the personal and exclusive jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to a Site or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. F2M’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. F2M may assign its rights and duties under this Agreement to any party at any time without notice to you. 

ARBITRATION. By using a Site, you agree that F2M, at its sole discretion, may require you to submit any disputes arising from the use of a Site, or these Terms of Use, to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Such proceeding shall take place in Mecklenburg County, North Carolina.  The arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by applicable law. 

Updated December 13, 2012

mail.pngtwitter.pnglinkedin.pnglinkedin-slide.png