Terms & Conditions
Thank you for visiting www.timberwolfforest.com (“this Site” or “our Site”),
the website of Timber Wolf Forest Products, Inc. (“TWFP” or
“we”). The following terms and conditions govern this Site and your
use thereof. Please read and review these Terms and Conditions of Use
carefully. By accessing and using this Site, whether directly,
indirectly, intentionally, unintentionally, or through use of a “bookmark,” you
acknowledge that you have read, understand and agree to be bound by all of the
terms and conditions set forth below. We reserve the right to amend the
terms on this Site.
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.
this Site, to understand our practices with respect to the collection, use and
dissemination of information collected through this Site. By accessing and
using this Site, you acknowledge you have read and accepted the terms and
conditions as though they were included herein in their entirety.
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
TERMINATION OF ACCESS AND USE
We reserve the right to terminate your access to and use of this Site at any
time, and without any prior notice to you, if you violate any provision of
these Terms and Conditions of Use, or use the Site in a manner for which it is
not intended to be used. You further agree to indemnify, defend and hold TWFP,
and its directors, officers, agents and affiliates, harmless from and against
any and all claims, demands, damages, losses and expenses of any kind,
including attorneys’ fees and costs, arising out of or related to your use or
any rights of another person or entity.
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
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
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 or 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 canceled or if additional
information is required to accept your order. If your order has been
cancelled after you have been charged, BWI 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
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, successors and permitted assigns.
We reserve the right to amend these Terms and Conditions of Use from time to
time by posting the amended terms on this Site. We will notify you of
these changes by updating the “Effective Date” for these Terms and Conditions
of Use, or by posting a notice on our Site that the Terms and Conditions of Use
have been changed. However, it remains your responsibility to review the
Terms and Conditions of Use shall signify your acceptance of the amended
terms. These Terms and Conditions of Use may be modified by you only by
obtaining the prior written consent of an authorized representative of TWFP.
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.