I. Acceptance of Terms
THESE TERMS AND CONDITIONS OF SERVICE (THE "TERMS") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND FOREST RESOURCE CONSULTANTS, LLC (“FRC”) governing your use of, www.frcleasing.com (the "Site"). Please review the Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our privacy practices. If you do not agree, please discontinue using the Site. FRC reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on August 30, 2013.
Your use and browsing of the Site is at your risk. You acknowledge that due to the immediate nature of this medium, FRC does not review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. FRC will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention. If you are dissatisfied with any of the materials contained in the Site, with the quality of service or Content (defined below), or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
II. Intellectual Property
The Site is owned by FRC. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs ("Content") is owned or licensed by FRC. Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.
Pursuant to the copyright and trademark laws of the United States, you agree:
1. That you may only download Content that FRC designates as offered for download for personal and noncommercial use.
2. To not reproduce, distribute, modify, re-post on another website (regardless of the server on which the Content is stored), or sell any Content without FRC’s specific written authorization, unless such use is pursuant to Section III of the Terms.
3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
4. To refrain from framing or mirroring any portion of the Site.
5. That by posting or submitting any text or other materials to the Site you grant FRC a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission.
III. Educational Use of Content
With respect to Content designated as available for download for educational purposes, librarians, teachers, support staff, administrators, and other staff of educational institutions are authorized to download, print, reproduce, and distribute such Content as may be beneficial for use in educational settings. This authorization extends only as far as is necessary to directly benefit students. Content subject to this Section may not be disseminated beyond the user's particular educational institution and may under no circumstances be used for commercial purposes.
Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other web sites or computer networks, regardless of educational use.
IV. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL FRC, ITS AFFILIATES AND PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS (COLLECTIVELY, THE "FRC PARTIES") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF: (A) THE SITE; (B) THE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FRC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE'S OPERATION; OR (H) ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY.
The Site may provide, or third parties may provide, links to other sites or resources. Because FRC has no control over such sites and resources, you acknowledge and agree that FRC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FRC shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
V. Disclaimer of Warranties
The Site, Content and all material and information posted on the Site is provided to you "AS IS" without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content or user content.
THE FRC PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FRC OR VIA THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FRC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
VI. User Conduct
All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by FRC to do so.
Conduct by any user that, at the discretion of FRC, restricts or inhibits any other user from using or enjoying the Site will not be permitted. FRC reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, FRC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
VII. Indemnification
You agree to assume full and sole responsibility for any postings you make to the Site. You further agree to indemnify, defend, and hold harmless the FRC Parties from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from or arising out of your violation of these Terms. FRC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with FRC in asserting any available defenses.
VIII. Miscellaneous
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Portland, Oregon, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Oregon, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys' fees plus legal rate-of-interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If FRC is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse FRC for its respective legal fees, costs, and disbursements if FRC is successful.
These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between FRC and the users of the Site, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of FRC may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.