portablesawmill.biz Web Site Agreement
The portablesawmill.biz Web Site (the "Site") is an online information service and on line store provided by Ron Trout ("portablesawmill.biz "), subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. portablesawmill.biz MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are portablesawmill.biz, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to portablesawmill.biz a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to portablesawmill.biz by all means and in any media now known or hereafter developed. You also grant to portablesawmill.biz the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against portablesawmill.biz for any alleged or actual infringement or misappropriation of any proprietary right in your communications to portablesawmill.biz. TRADEMARKS. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of portablesawmill.biz. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Images as indicated ©2003 PECO Sales, Inc. All rights reserved. Used by permission PSWD. Photos courtesy Forestry Suppliers, Inc. Used by permission 580067
2. Use of the Site. You understand that, except for information, products or services clearly identified as being supplied by portablesawmill.biz, portablesawmill.bizdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for portablesawmill.biz- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with portablesawmill.biz a. You also understand that portablesawmill.biz cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. portablesawmill.biz PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND portablesawmill.biz SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. portablesawmill.biz DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. portablesawmill.biz HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL portablesawmill.biz BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF portablesawmill.biz OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, portablesawmill.biz LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. portablesawmill.biz makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-portablesawmill.biz web site, please understand that it is independent from portablesawmill.biz, and that portablesawmill.biz has no control over the content on that web site. In addition, a link to a portablesawmill.biz web site does not mean that portablesawmill.biz endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification. You agree to indemnify, defend and hold harmless portablesawmill.biz, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights. The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of portablesawmill.biz and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THIS SITE), 7 (Miscellaneous) shall survive any termination of this Agreement.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THIS SITE By submitting Content to portabillsawmill.biz, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/ and that you will not object to the use of the Content by portablesawmill.biz in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission. .
7. Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between portablesawmill.biz and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. portablesawmill.biz's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. portablesawmill.biz may assign its rights and duties under this Agreement to any party at any time without notice to you.
DISCLAIMER: The Sawmill Locator is simply a tool to connect logowners, landowners and sawmill operators who offer services. portablesawmill.biz does not conduct background checks or verify references for those listed. It is left up to the logowners and landowners to verify references, certifications, and proof of insurance. portablesawmill.biz receives no compensation for providing this service and assumes no liability from any business transactions that occur. Any rights not expressly granted herein are reserved.
SHORTAGE, ERROR and DAMAGE CLAIMS: All products are sold F.O.B. origination. portablesawmill.biz responsibility for delivery of goods ends when the merchandise leaves our distribution center. In case of shortage, error or damage claims, notify the delivery agent immediately. The delivery agent should inspect the goods, file a claim and return the damaged goods to portablesawmill.biz. Additionally, notify our Customer Service Department within 30 days of receipt of merchandise.
PRODUCT WARRANTY: portablesawmill.biz warrants its products to be free from defects in materials and workmanship. This comprises portablesawmill.biz’s sole and entire warranty obligation and liability to buyer, its customers and assigns in connection within the products sold and supplied hereunder. All other warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, are hereby excluded.
RETURNED GOODS: Merchandise may not be returned without obtaining a return authorization number (RMA) from portablesawmill.biz’s Customer Service Department. Please call 1-209-586-1250 for RMA#’s.
• Minimum return value $25.00
• Must be in saleable condition
• Must not be an obsolete item
• Purchased within last 2 months
• In original unbroken packages
• Packages must be unmarked with customer’s stickers
When A Return Is Authorized:
• Return authorization number (RMA) must appear on all documentation
• Transportation charges must be pre-paid
• Date of purchase
• portablesawmill.biz’s invoice and order number
• Customer’s original order number
All merchandise accepted for return will be issued credit value based on the original purchase price. All non-defective returned merchandise will be subject to a 15% restocking charge. Any product that must be reworked and/or repackaged is subject to additional charges. For unauthorized items, the customer will be liable for delivery, storage and return freight charges.
TIME OF DELIVERY: Orders will be delivered within a reasonable promptness. portablesawmill.biz shall not be held responsible for any loss or damage resulting from delay in filling orders due to fire, strikes, differences with workmen, government regulations, accidents, delays by common carriers, acts of God or any causes beyond our control.
GENERAL: These terms and conditions supercede any and all previous terms and conditions. All orders are subject to acceptance by portablesawmill.biz. All terms, discounts, policies, specifications, package codes, descriptions and prices are subject to change without notice.
NOTE: ALL PRICES ARE IN US DOLLARS.