IMPORTANT: Subscribers must read and accept the terms and conditions of the following agreement before accessing secured areas of Hardwood Market Report web site.

This agreement is between Hardwood Market Report of Memphis, Tennessee (hereinafter "HMR") and the "Subscriber". HMR creates and publishes a variety of informational publications of particular interest to the hardwood wood products industry. All HMR publications (hereinafter "Reports") are the property of HMR, and contain proprietary information and copyrighted material, which are protected by U.S. copyright law and international treaties. The Reports are delivered by mail, fax, and/or electronic means. Some reports in electronic form are available in spreadsheet, database, and other computer file formats.

By paying the Renewal Statement Amount or Invoice, the Subscriber obtains a subscription to the Reports as indicated in the Renewal Statement or Invoice and agrees to be bound by the terms and conditions of this Subscription Agreement (hereinafter "Agreement"). The Renewal Statement or Invoice is incorporated into this Agreement by reference. If Subscriber does not agree to the terms and conditions of this Agreement, the Subscriber should refuse to pay the Renewal Statement Amount or Invoice, immediately notify HMR to cancel all of the Subscriber’s subscriptions and cease all uses of HMR Information, which are granted by this Agreement. This Agreement supersedes all prior agreements between Subscriber and HMR pertaining to the Reports and governs Subscriber’s use of the Reports.

Subscriber acknowledges that the Reports it receives contain proprietary information and copyrighted material that are the exclusive property of HMR. In connection with its subscription, Subscriber may receive one or more user names ("User Names") and passwords ("Passwords") to enable Subscriber’s authorized users ("Authorized Users") to access the Reports electronically. Subscriber agrees that it will require its Authorized Users to keep such User Names and Passwords confidential for use only by one such Authorized User per User Name and Password. Subscriber acknowledges and agrees that publishing or distributing User Names and/or Passwords for use by other than an Authorized User shall be a breach of this Agreement and a violation of copyright law. Subscriber further agrees that the Reports and the contents thereof, whether in whole or in part, may not be photocopied or reproduced in any manner whatsoever or retransmitted to another computer or to any third party or separate physical location of Subscriber without the express written consent of HMR. Subscriber acknowledges and agrees that reports received electronically may not be forwarded to any other computer or device, that each Authorized User has the right to print only ONE copy of such electronically received reports and that Subscriber has no right to make additional copies of such electronically received reports. All rights not specifically granted herein are reserved to HMR.

The information and opinions contained in the Reports represent HMR’s good faith efforts and best judgment. HMR makes no warranties, however, either expressed or implied regarding the accuracy of the information and opinions in the Reports, and HMR will not be liable to the Subscriber or Subscriber’s reliance upon information or opinions contained in the Reports. The Reports are provided "as is" without any warranty of any kind, either expressed or implied including, without limitation, any warranty of merchantability and fitness for a particular purpose. Except for a refund of the pro rata portion of the subscription amount, HMR shall not be liable for any damages, including but not limited to loss of profits or incidental or consequential damages, arising out of Subscriber’s failure to receive the Reports. Some states do not allow exclusion or limitation of implied warranties or limitations of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to Subscriber.

If any provision of the Agreement is found to be unlawful, void or unenforceable, then that provision shall be severed from this Agreement and will not affect the validity or enforceability of any of the remaining provisions. The laws of the State of Tennessee shall govern this Agreement. HMR shall be entitled to recover its attorney fees and costs at trial or on appeal in any suit brought to enforce the terms of this Agreement.

The Renewal Statement or Invoice governs the term of this Agreement. Subscriber may terminate this Agreement at any time and HMR will refund any unearned portion of the subscription fee. HMR may terminate the Agreement at any time for Subscriber’s failure to pay the subscription fee.

Subscriber’s right to use the Reports shall terminate automatically if Subscriber fails to comply with any terms of this agreement.