Web Site User Agreement
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the Hardwood Market Report web site service, http://www.hmr.com/, you must agree to abide by all terms and conditions of this Agreement between you and Hardwood Market Report.
1.2 Hardwood Market Report may change, add or remove portions of this Agreement at any time.
1.3 Your continued use of the Web Service now or following any changes to this Agreement will indicate acceptance by you of such changes.
1.4 Hardwood Market Report may change, suspend or discontinue any aspect of the Web Service at any time, including the availability of any Web Service feature, database, or content. Hardwood Market Report may also impose limits on certain features and services or restrict access to parts or all of the Web Service without notice or liability.
2. HARDWOOD MARKET REPORT WEB CONTENT AND SUBSCRIBER COMPLIANCE
2.1 The contents of the Hardwood Market Report web site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by the Hardwood Market Report, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Web Service.
2.2 The Web Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, store, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Web Service in whole or in part.
3. HMR.COM ACCESS, AVAILABILITY AND SECURITY
3.1 The Hardwood Market Report web site, http://www.hmr.com/, contains links to other related Internet sites and resources. Since Hardwood Market Report is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding external links to the site administrator or Webmaster of such site.
3.2 Use of Hardwood Market Report web site areas requiring customer number and password for access is restricted to Subscribers only.
3.3 You may not select or use a customer number of another Subscriber with the intent to impersonate an authorized representative of that company; use a customer number in which another Subscriber has rights; create or use a password that Hardwood Market Report, in its sole discretion, deems offensive. You shall be responsible for maintaining the confidentiality of your password.
3.4 You shall notify Hardwood Market Report of any known or suspected unauthorized use(s) of your customer number, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your customer number.
3.5 You are responsible for all usage of or activity within the Hardwood Market Report web site accessed by your customer number and password.
4. REPRESENTATIONS AND WARRANTIES
You hereby indemnify, defend and hold harmless Hardwood Market Report, and all owners, agents, information providers, affiliates (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your customer number and password of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Hardwood Market Report reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
5. COMMUNICATIONS BETWEEN HARDWOOD MARKET REPORT AND SUBSCRIBERS
5.1 Hardwood Market Report reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Web Service.
5.2 Hardwood Market Report reserves the right to disclose information about your usage and demographics, provided that it will not reveal your company or personal identity in connection with the disclosure of such information. For more information please read the Privacy Statement of the Hardwood Market Report on the web site.
6. TERMINATION
Hardwood Market Report may, in its sole discretion, terminate or suspend access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
7. MISCELLANEOUS
7.1 This Agreement has been made in and shall be construed and enforced in accordance with Tennessee law. Any action to enforce this agreement shall be brought in the federal or state courts located in Memphis, Tennessee.
7.2 Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the promises made in the Hardwood Market Report Privacy Statement.
7.3 You agree to report any copyright violations of the Subscriber Agreement to Hardwood Market Report as soon as you become aware of them.
7.4 Correspondence with Hardwood Market Report may be sent by e-mail to hmr@hmr.com; postal service to: P.O. Box 2633/Memphis, TN 38088-2633; or voice at: 901-767-9126.