Terms of Use
Acceptance of Terms of Use
Please read through these Terms of Use carefully. By accessing and/or using
Tree Climbers International’s Web site at www.treecliming.com (the
“Public Site”) or by otherwise accessing any content found on the Site, you are
deemed to have entered into an agreement with Tree Climbers International, Inc.
and to have agreed to be bound by the terms set out below.
The Site is owned by Tree Climbers International, Inc and published and maintained
by Big Tree Publishing, LLC.
Intellectual Property Protection
The contents and design of the Sites and any material electronically provided
to you or otherwise supplied to you in conjunction with the Sites (such
contents, design and materials being collectively referred to as the "Tree
Climbers International Content"), are copyright of Tree Climbers
International, Inc. and the other contributors to the Sites. You may not use or
reproduce or allow anyone to use or reproduce any trade marks (such as the
“Tree Climbers International” name and logo or other trade names appearing on
the Sites) for any reason without written permission from Tree Climbers
International, Inc. or the identified owner. The software which operates the
Sites is proprietary software and you may not use it except as expressly
allowed under these Terms of Use. You may not copy, reverse engineer, modify or
otherwise deal with the software.
Use of Tree Climbers International Content
You may retrieve and display the Tree Climbers International Content on a
computer screen, print individual pages on paper (but not photocopy them) and
store such pages in electronic form on your computer for your personal,
non-commercial use. Except as expressly set out above, you may not reproduce,
modify or in any way commercially exploit any of the Tree Climbers
International Content. In particular, but without limiting the general
application of the restrictions contained in the preceding sentence, you may
not do any of the following without prior written permission from Tree Climbers
International:
- reproduce or store in or
transmit to any other Web site, newsgroup, mailing list, electronic bulletin
board, server or other storage device connected to a network or regularly
or systematically store in electronic or print form, all or any part of
the Tree Climbers International Content, or
- modify, publish, transmit,
participate in the transfer or sale of, reproduce, create derivative works
from, distribute, perform, display, or in any way exploit all or any part
of the Tree Climbers International Content (including use as part of any
library, archive or similar service) without the prior written consent of
Tree Climbers International, or
- remove the copyright or trade
mark notice from any copies of the Tree Climbers International Content
made under these Terms of Use.
Any use of the Tree Climbers International Content not specifically
permitted above is expressly prohibited.
Requests for permission for other uses may be sent to Tree Climbers
International, <Client Address>, Attention: General Counsel.
Third Party Transactions
You may use the Site to purchase products or services from Tree Climbers International's
third party partners. In that event, your contract for such products will be
with the third party partner and not with Tree Climbers International.
Term and Termination
Tree Climbers International may, in its discretion, terminate or suspend your
access to all or part of the Sites (including any right to access and use the
Tree Climbers International Content) with cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of
Tree Climbers International provided in these Terms of Use or by law.
Changes to the Sites
Tree Climbers International reserves the right, in its discretion, to suspend,
change, modify, add or remove portions of the Tree Climbers International
Content available on the Site at any time.
Registration, Passwords and Responsibilities
The Site is only open to you if you register and are a member of the Tree
Climbers International community (includes Tree Climbers International members,
chairs, speakers, Tree Climbers International Associates or staff). You are
solely responsible for the confidentiality and use of and access to the Tree
Climbers International Content and the Member Site using your user name and
sign-on password. You agree to immediately notify Tree Climbers International
if you become aware of any loss or theft of any sign-on password or any
unauthorized use of a sign-on password, user name, or of the Tree Climbers
International Content or the Sites. You will provide Tree Climbers
International with accurate, complete registration information (including in
particular your e-mail address) and inform Tree Climbers International of any
changes to such information. For the purpose of confirming your compliance with
the terms of these Terms of Use, Tree Climbers International reserves the right
to monitor and record activity on the Site, including access to the Tree
Climbers International Content.
Each registration is for a single user only. You may not share your user
name and password with any other person. Tree Climbers International does not
permit access through a single name and password being made available to
multiple users on a network. Tree Climbers International may cancel or suspend
your access to the Sites if you do this without further obligation to you.
Privacy Policy
The information that you provide about yourself to Tree Climbers International
will only be used in accordance with Tree Climbers International's Privacy
Policy Statement.
Community Forums
The Site includes bulletin boards, discussion groups and other areas that allow
and interaction between members of the Tree Climbers International community
("forums"). While Tree Climbers International does not control the
information/materials posted to forums by users (the "messages"), it
reserves the right (which it may exercise at its sole discretion without
notice) to delete, move or edit the Messages and to terminate your access to
and use of the Forums in the event the messages violate the rules set out
below.
You are solely responsible for the content of your messages. You must comply
with any rules posted by Tree Climbers International on a forum or feedback
venue. You may not:
- post, link to or otherwise
publish any messages with recommendations to buy or refrain from buying a
particular security or which otherwise have the purpose of affecting the
price or value of any security;
- post, link to or otherwise
publish any messages that are unlawful, threatening, abusive, libelous,
indecent, infringe copyright or other rights of third parties or which
contain any other form of illegal content;
- post or otherwise publish any
messages that contain a virus or other harmful component;
- disguise the origin of any
messages;
- impersonate any person or
entity (including Tree Climbers International staff or other members of
the Tree Climbers International community) or misrepresent any affiliation
with any person or entity;
- post or otherwise publish any
messages unrelated to the forum, the forum's topics, or feedback subject;
- knowingly post or transmit any
messages that contain software viruses, files or code designed to
interrupt, destroy or limit the functionality of the Site or any computer
software or equipment;
- collect or store other users'
personal data;
- restrict or inhibit any other
user from using the Forums.
By submitting messages to any forum or feedback, you agree to indemnify and
hold harmless Tree Climbers International from all claims, costs and expenses
(including legal expenses) arising out of any messages posted or published by
you that are in breach of these Terms of Use.
Forums and feedback contain messages submitted by users over whom Tree
Climbers International has no control. Tree Climbers International cannot
guarantee the accuracy, integrity or quality of any messages. Some users may
breach these terms and post Messages that are misleading, untrue or offensive.
You must bear all risk associated with your use of the forum and feedback, and
should not rely on messages in making (or refraining from making) any specific
investment or other decisions.
It is not possible for Tree Climbers International to fully and effectively
monitor Messages that are submitted for infringement of third party rights. If
you believe that a message infringes your legal rights, you should notify Tree
Climbers International immediate.
No Warranty, Disclaimer of Liability and Indemnity
While every effort has been made to ensure the high quality and accuracy of the
Sites, Tree Climbers International makes no warranty, express or implied
concerning the Tree Climbers International Content, the Sites, software or
products or services available through the Sites (the "Site
Services"), which are provided "as is". Tree Climbers
International expressly disclaims all warranties, including but not limited to
warranties of fitness for a particular purpose and warranties of
merchantability. In no event will Tree Climbers International, its affiliates
or other suppliers be liable for direct, special, incidental, or consequential
damages (including, without limitation, damages for loss of business profits,
business interruption, loss of business information or other pecuniary loss)
arising directly or indirectly from the use of (or failure to use) or reliance
on the Site Services, even if Tree Climbers International has been advised of
the possibility that such damages may arise. Tree Climbers International does
not guarantee the accuracy, content, or timeliness of the Tree Climbers
International Content or Site Services or that they or related systems are free
from viruses or other contaminating or destructive properties.
The user expressly agrees that use of Treeclimbing.com is at the user's sole
risk. Neither Treeclimbing.com nor any of their respective employees, agents,
third party content providers or licensors warrant that Treeclimbing.com will
be uninterrupted or error free; nor do they make any warranty as to the results
that may be obtained from use of Treeclimbing.com, or as to the accuracy, reliability
or content of any information, service, or merchandise provided through Treeclimbing.com.
In no event will any liability of Tree Climbers International, its
affiliates, agents and licensors to you (and/or any third party) arising out of
any kind of legal claim (whether in contract, tort, or otherwise) in any way
connected with the Site Services or breach of these Terms of Use by Tree
Climbers International exceed the amount, if any, paid by you to Tree Climbers
International in respect of the particular Site Service to which the claim
relates or by way of membership dues.
Treeclimbing.com is provided on an "as is" basis without
warranties of any kind, either express or implied, including, but not limited
to, warranties of title or implied warranties of merchantability or fitness for
a particular purpose, other than those warranties which are implied by and
incapable of exclusion, restriction or modification under the laws applicable
to this agreement.
This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortious behavior, negligence, or under any
other cause of action. The user specifically acknowledges that Treeclimbing.com
is not liable for the defamatory, offensive or illegal conduct of other the
users or third-parties and that the risk of injury from the foregoing rests
entirely with the user.
In no event will Treeclimbing.com, or any person or entity involved in
creating, producing or distributing Treeclimbing.com or the Treeclimbing.com
software, be liable for any damages, including, without limitation, direct,
indirect, incidental, special, consequential or punitive damages arising out of
the use of or inability to use Treeclimbing.com. The user hereby acknowledges
that the provisions of this section shall apply to all content on Treeclimbing.com.
In addition to the terms set forth above, neither Treeclimbing.com, nor its
information providers or content partners shall be liable regardless of the
cause or duration, for any errors, inaccuracies, omissions, or other defects
in, or untimeliness or unauthenticity of, the information contained within Treeclimbing.com,
or for any delay or interruption in the transmission thereof to the user, or
for any claims or losses arising therefrom or occasioned thereby. None of the
foregoing parties shall be liable for any third-party claims or losses of any
nature, including, but not limited to, lost profits, punitive or consequential
damages. Treeclimbing.com, its information providers or content partners shall
have no liability for investment decisions based on the information provided.
Neither, Treeclimbing.com nor its information providers or content partners
warrant or guarantee the timeliness, sequence, accuracy or completeness of this
information. Additionally, there are no warranties as to the results obtained
from the use of the information.
In many instances, the content available through Treeclimbing.com represents
the opinions and judgments of the respective information provider, the user, or
other user not under contract with Treeclimbing.com. Treeclimbing.com neither
endorses nor is responsible for the accuracy or reliability of any opinion,
advice or statement made on Treeclimbing.com by anyone other than authorized Treeclimbing.com
spokespersons while acting in their official capacities. Under no circumstances
will Treeclimbing.com be liable for any loss or damage caused by a the user's
reliance on information obtained through Treeclimbing.com. It is the
responsibility of the user to evaluate the accuracy, completeness or usefulness
of any information, opinion, advice or other content available through Treeclimbing.com.
Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
Treeclimbing.com reserves the right to refuse service, or parts of the
service, or access to the Treeclimbing.com servers, to anyone for any reason.
We enforce this policy to ensure a professional environment for the users of
the site. We reserve the right to remove or edit any content or cancel any
membership without prior notice and without providing a reason.
By publishing or submitting any content including, articles, stories,
postings and photographs to any part of Treeclimbing.com you give permission
that such content may be used at the sole discretion of Treeclimbing.com
anywhere else on the site, for any purpose, in its original or edited form, at
any time in the future. Content will not be sold without permission of the
original author or owner.
Upon Tree Climbers International's request, you agree to defend, indemnify
and hold harmless Tree Climbers International from any claims and expenses,
including reasonable legal fees, related to any breach of these Terms of Use by
you or your use of any Site Services.
Force Majeure
Tree Climbers International, its affiliates and its information providers will
not be liable or deemed to be in default for any delay or failure in
performance or interruption of the delivery of the Tree Climbers International
Content resulting directly or indirectly from any cause or circumstance beyond
its or their reasonable control, including but not limited to failure of
electronic or mechanical equipment or communication lines, telephone or other
interconnect problems, computer viruses, unauthorized access, theft, operator
errors, severe weather, earthquakes or natural disasters, strikes or other
labor problems, wars, or governmental restrictions.
Changes to these Terms
Tree Climbers International may, in its discretion, change these Terms of Use
(including those relating to your use of Sites and/or the Tree Climbers
International Content). When the Terms of Use are changed, Tree Climbers
International will notify you by e-mail or by publishing details of those
changes by including them in these Terms of Use. If you use the Sites after
Tree Climbers International has published or notified you of the changes, you
are agreeing now to be bound by those changes. If you do not agree to be bound
by those changes, you should not use the Sites any further after they are
published. Access to certain the Tree Climbers International Content may be
subject to additional terms and conditions.
Advertising, Third Party Content and other Web sites
Parts of the Site may contain third party content. Content providers are
responsible for ensuring that material submitted for inclusion on the Sites
complies with international and national law. Tree Climbers International is
not responsible for any third party content. The Sites may contain links to
other Web sites. Tree Climbers International is not responsible for the
availability of these Web sites or their contents.
Assignment of Agreement
This agreement is personal to you and your rights and obligations under these
Terms of Use may not be assigned, sub-licensed or otherwise transferred. This
agreement may be assigned to a third party by Tree Climbers International.
Non-Waiver
No delay or omission on the part of either party in requiring performance by
the other party of its obligations will operate as a waiver of any right.
Notices
Notices to Tree Climbers International must be given in writing by letter and
sent to Tree Climbers International’s last known place of business in Atlanta, Georgia
(for the attention of the General Counsel).
Severability/Survival/Statute of Limitations
If any provision of these Terms of Use is invalid or unenforceable, such will
not render all the Terms of Use unenforceable or invalid but rather the Terms
of Use will be read and construed as if the invalid or unenforceable
provision(s) are not contained therein. Any cause of action of yours with
respect to these Terms must be filed in a court of competent jurisdiction in
Atlanta, Georgia, USA, within one year after the cause of action has arisen, or
such cause will be barred, invalid, and void.
Whole Agreement
Save as expressly referred to herein, any representation, warranty, term or
condition not expressly set out in these Terms of Use shall not apply.
Headings
Headings in these Terms of Use are for convenience only and have no legal
meaning or effect.
Governing Law and Jurisdiction
These Terms of Use shall be governed by, and construed in accordance with, the
law of the State of Georgia.
The parties irrevocably agree that the courts of Atlanta, Georgia, shall
(subject to the paragraph below) have exclusive jurisdiction to settle any
dispute which may arise out of, under, or in connection with these Terms of Use
or the legal relationship established by them, and for those purposes
irrevocably submit all disputes to the jurisdiction of the Atlanta, Georgia
courts.
For the exclusive benefit of Tree Climbers International, Tree Climbers
International shall retain the right to bring proceedings as to the substance of
the matter in the courts of the country of your residence or, where these Terms
of Use are entered into in the course of your trade or profession, the country
of your principal place of business.