Terms of Use

Effective:  JANUARY 1, 2021

1. CONSENT TO TERMS OF USE

The Lyme Timber Company LP (together with its affiliates, the “Company,” “we,” “us,” or “our”) welcomes you.  The following terms of use apply to this website (the “Site”). The Company makes the Site available to you subject to the following terms of use, which may be updated by us from time to time without notice to you (“Terms of Use”). By using the Site, you agree to be bound by the terms and conditions of these Terms of Use. If you do not agree to any of these terms, please do not use the Site.

2.  CHANGES TO TERMS OF USE

As the Site evolves, we may need to update or revise these Terms of Use. We reserve the right to do so, at any time and without prior notice, by posting a revised version on the Site. These changes will be effective as of the date we post the revised version on the Site. By accessing or using the Site following any such change, you are agreeing to be bound by the revised Terms of Use. For this reason, it is important for you to review our Terms of Use on a regular basis.

3. PRIVACY NOTICE

The Company does not actively collect personal information from users of the Site. The Company may indirectly collect non-personal information through cookies/use in analytics.  The Company does not sell or trade user information to others.

4. OWNERSHIP OF SITE AND CONTENT

As used in these Terms of Use, the term “Content” means all of the software and code that constitute and operate this Site, and all of the text, photographs, images, illustrations, graphics, designs, audio, video and audio-video clips, and other materials provided through this Site. The Company and its licensors own all right, title and interest in the Content, including all copyrights.

We hereby grant you a limited, revocable license to download or print copies of any portion of the Content of this Site to which you have properly gained access, but only on behalf of your company, if you are accessing this Site on behalf of your company, or for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods nor the right to “harvest” email addresses. This revocable license is revocable at any time without notice and without cause. You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Site except as expressly provided in these Terms of Use without our prior written permission. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this Site or its Content to you or anyone else, except the limited revocable license to use this Site and its Content on the terms expressly set forth herein.

5. THIRD-PARTY CONTENT

Some of the information, articles and other materials available through this Site are provided to the Company by third parties. These third-party materials are provided for your convenience only. We do not endorse these materials nor the third parties who supply them to us, nor do we warrant or represent that these materials are current, accurate, complete or reliable.

6. YOUR OBLIGATIONS

You agree to use the Site in a manner consistent with all applicable laws, rules and regulations. You agree not to upload or transmit to or through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Site is strictly prohibited.

7. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (I) THIS SITE AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND; AND (II) THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE AND THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SITE; (D) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; AND (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

8. LIMITATION OF LIABILITY

THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER POSTINGS. UNDER NO CIRCUMSTANCES, SHALL THE COMPANY OR ITS EMPLOYEES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES RELATED TO OR PROVIDED THROUGH THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its employees, officers, directors, stockholders, agents, consultants, assignees, affiliates, partners, contractors, professional advisors, advertisers, and any and all other individuals and organizations providing services on behalf of the Company from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any parts of the Site; and (b) your alleged breach of these Terms of Use. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

11. EXTERNAL LINKS

The Site may contain links to third-party sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. If you decide to access linked External Sites, you do so at your own risk.

12. TERMINATION 

Notwithstanding any provision within these Terms of Use, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your use of and future access to the Site.

13. WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of the Company. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

14. MISCELLANEOUS  

These Terms of Use are governed by the laws of the State of New Hampshire, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Hampshire. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect. The prevailing party in any dispute or legal action regarding the subject matter of these Terms of Use shall be entitled to recover its reasonable attorneys’ fees and costs.

Our failure to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.