Terms of ServiceHere's the boring but important legal stuff.
WebWoodsmen Terms of Service (“Agreement”)
This Agreement was last modified on 01 August 2013.
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using http://www.webwoodsmen.com (“the Site”) owned and operated by Olive Green Inc. (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.webwoodsmen.com or its contents (“Content”, “Contents”), services (“Service”, “Services”), products (“Product”, “Products”) or tools (“Tool”, “Tools”).
We reserve the right to change this Agreement as required without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any changes made. Your continued use of the Site after such changes will constitute acknowledgment and agreement of the modified Terms of Service.
Responsible Use and Conduct
By visiting our Site and accessing the Contents, Services, Products and Tools we provide for you, either directly or indirectly, you agree to use these Contents, Services, Products and Tools only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that:
a. As a condition to using some of our Services, Products and Tools, you are required to open an account with us and select a username and password, and to provide registration information. The registration information you provide must be accurate, correct, complete and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in immediate termination of your account. You may not use as a username any of the following:
i. the name of another person or entity that is not lawfully available for use
ii. a name or trademark that is subject to any rights of another person or entity, other than you, without appropriate authorization
iii. a name that is otherwise offensive, vulgar or obscene
You are responsible for maintaining the confidentiality of your username and password and are solely responsible for all activities conducted through our Site, including but not limited to the use of your username, password and account information.
b. Accessing (or attempting to access) any of our Contents, Services, Products and Tools by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Contents, Services, Products and Tools through any automated, unethical or unconventional means.
c. Engaging in any activity that disrupts or interferes with our Contents, Services, Products and Tools, including the servers and/or networks in which our Contents, Services, Products and Tools are located or connected to, is strictly prohibited.
d. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Contents, Services, Products and Tools is strictly prohibited.
e. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
f. We may provide various open communication tools on our Site, such as blog comments, blog posts, public chat, forums, product ratings and reviews, and various social media services. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Site, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any WebWoodsmen employees or representatives.
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Olive Green Inc. (owner and operator of WebWoodsmen), its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, donors and assigns from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside our control. We reserve the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at our sole discretion and without prior notice.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Olive Green Inc. (owner and operator of WebWoodsmen), its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, donors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Olive Green Inc. (owner and operator of WebWoodsmen), its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, donors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) a breach of these Terms of Service, (b) the use of the Services, by you or any person using your account or username and password, or (c) any violation of any rights of a third party.
Limitation of Warranties
By using our Site, you understand and agree that all Services, Products or Tools we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
a. the use of our Services, Products or Tools will meet your needs or requirements;
b. the use of our Services, Products or Tools will be uninterrupted, timely, secure or free from errors;
c. the information obtained by using our Services, Products or Tools will be accurate or reliable;
d. any defects in the operation or functionality of any Services, Products or Tools we provide will be repaired or corrected.
Furthermore, you understand and agree that:
e. any content downloaded or otherwise obtained through the use of our Services, Products or Tools is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices and for any loss of data that may result from the download of such content;
f. no information or advice, whether expressed, implied, oral or written, obtained by you from Olive Green Inc. (owner and operator of WebWoodsmen) or through any Services, Products or Tools we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Agreement;
g. some of our Service, Product or Tool features may be only partially available or fully unavailable to users for reasons including but not limited to: user hardware, software, setup or usage habits.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that Olive Green Inc. will not be liable under contract, tort, strict liability, negligence or other legal theory for any direct, indirect, incidental, consequential or exemplary loss, damages or expenses which may be incurred by you as a result of using our Services, Products or Tools, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Olive Green Inc. (owner and operator of WebWoodsmen) in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Olive Green Inc. (owner and operator of WebWoodsmen) shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
Copyrights, Trademarks and Intellectual Property
The Site and its original Content, including but not limited to website name, text, graphics, images, logos, code, features and functionality, are the intellectual property of Olive Green Inc. (owner and operator of WebWoodsmen) or are legally licenced from their respective owners. As such, the content and materials are protected by applicable international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any inappropriate use, including but not limited to the reproduction, scraping, distribution, display or transmission of any content on this Site is strictly prohibited, unless specifically authorized by Olive Green Inc.
Changes to Service and Pricing
Olive Green Inc. utilizes third party companies, products and softwares that affect our operating costs. To this end, we reserve the right to change the prices listed on http://www.webwoodsmen.com at any time, with or without notice. We reserve the right to change, modify or remove the services we provide with or without notice. Existing customers who have signed up with one of our subscription-based products may or may not be subject to any changes in pricing or level of service. In the event that already subscribed customers are subject to any changes in their subscription, details of these changes will be available on our Site and/or by email. Existing subscribers will be notified of any changes in pricing or service at least 30 days before said changes are implemented.
Cancellation or Termination of Use
A user of our Website Warden Service (or authorized representative of a user’s account) may cancel this Service at any time. To ensure that a cancellation request is processed before your next billing cycle, a cancellation request must be submitted at least 5 business days prior to your billing date. If a cancellation request is submitted less than 5 business days prior to your billing date, the following month’s subscription charge may be deducted from your account. In this event, it is the sole responsibility of the user (or authorized representative) to notify us of this charge and provide documented evidence of this charge when requested, so that we may issue a refund. If a cancellation request is made after a user’s billing date when our service for that month has already commenced, the cancellation date will be the next scheduled billing date. Subscription charges are not prorated for cancellation requests made at any point during a billing cycle.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Site and Services, Products or Tools with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services, Products or Tools we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Refusal of Service
We reserve the right to refuse access to and/or use of our Contents, Services, Products and Tools at our sole discretion at any time and for any reason. Reasons for refusal of service include but are not limited to:
a. A user’s association with illegal content, goods or acts that risk tarnishing the reputation of Olive Green Inc. (owner and operator of WebWoodsmen) by association.
b. A user’s association with vulgar, offensive or distasteful content, goods or acts that risk tarnishing the reputation of Olive Green Inc. (owner and operator of WebWoodsmen) by association.
c. A user’s association with any content, goods or acts that may encourage acts of electronic attack, sabotage or any other offensive acts that may compromise the security or stability of the systems operated by Olive Green Inc. (owner and operator of WebWoodsmen) or third parties used to provide our Content, Services, Products and Tools.
This Site is operated by Olive Green Inc., a corporation registered in the province of Alberta, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of Alberta, by accessing our Site, you agree that the statutes and laws of Alberta, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of any Services, Products or Tools through this Site. Furthermore, any action to enforce this Agreement shall be brought in the federal or provincial courts located in Alberta, Canada. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.