Effective July 26, 2007
Welcome to www.silvaris.com or a Silvaris-related website. The following agreement (“Agreement”) sets forth the Conditions of Use on which Silvaris Corporation, a Washington corporation, and any Silvaris-related entities (“Silvaris”) offers you (if you are an individual) or your company (collectively “You” or “Your”) the Silvaris websites and Internet-based services (hereinafter “Internet-Based Services”). If You use Silvaris’ Internet-Based Services at any time and for any reason, You accept these Conditions of Use. Please read these Conditions of Use carefully. If You do not accept these Conditions of Use, please do not use the Internet-Based Services.
Silvaris may amend, supplement or replace these Conditions of Use from time to time and without notice.
1. Copyright Notice
All content included in the Internet-Based Services, such as text, graphics, layout, arrangement, presentation of materials, logos, button icons, images, media clips, digital downloads, data compilations, software, and overall design, is Silvaris’ property or other content suppliers’ property and protected by United States and international copyright laws. All software used for Silvaris’ Internet-Based Services is the property of Silvaris and protected by United States and international copyright and patent laws.
2. Trademark Notice
All names, logos and marks appearing in the Internet-Based Services, except as otherwise noted, are trademarks, registered trademarks or service marks owned by Silvaris. A non-exhaustive list of Silvaris’ trademarks, registered trademarks or service marks includes the following: Silvaris®, the Silvaris logo, LowGradeLumber®, and the LowGradeLumber logo, BestAvailable™, TrueMarket™, LowGrade1™, LowGrade2™, NGT™, PONow™, Powered by Silvaris™, SupplierConnect™, and SupplierDirect™. All other trademarks not owned by Silvaris that appear in the Internet-Based Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Silvaris, and may be protected by United States and international trademark laws. The use or misuse of Silvaris’ marks or any other content of the Internet-Based Services, except as provided in these Conditions of Use is strictly prohibited.
3. Limited Permission to use Silvaris’ Intellectual Property
Silvaris hereby grants You the limited permission to view, store, reproduce and distribute pages within the Internet-Based Services solely for personal or internal, non-commercial purposes, provided that no pages or images are modified in any way and that this page and any notices in these pages regarding use and ownership are included with the stored, reproduced or distributed pages.
4. Ownership of Materials
Any product, process or technology described or used in the Internet-Based Services may be the subject of other Intellectual Property rights reserved by Silvaris and may not be licensed hereunder. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or other intellectual property right of Silvaris or any third party. Any rights not expressly granted herein are reserved.
5. Use of Silvaris’ Internet-Based Services and Registered Users
Use of the Internet-Based Services is limited to individuals who can form legally binding contracts under the laws of Washington State. Any user may use the Internet-Based Services solely for (1) conducting business with Silvaris; and (2) interacting with Silvaris consistently with the nature of the Internet-Based Services being used. As a registered user using the Internet-Based Services, You are responsible for maintaining the confidentiality of Your account information and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. With respect to all Internet-Based Services users, Silvaris reserves the right to refuse services, terminate accounts and take appropriate legal action at its sole discretion, if Silvaris believes that Your conduct violates applicable law or is harmful to Silvaris’ interests. At any time and for any reason without notice or liability, Silvaris may suspend or terminate the operation of its Internet-Based Services or modify any aspect of the Internet-Based Services.
6. Electronic Signature for Internet-Based Services
The act of entering Your user name and password or entering the necessary information to initiate a transaction using the Internet-Based Services is equivalent to Your signing any document required to consummate any Internet-based transaction and shall constitute a legally binding contract. Any transactions entered into with Silvaris after You either enter Your user name and password or enter sufficient information to initiate a transaction using the Internet-Based Services shall be considered to be a “writing” and deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business.
ALL MATERIALS ON THE INTERNET-BASED SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SILVARIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR OTHERWISE. Some jurisdictions do not allow exclusion of the implied warranties, so the disclaimer above may not apply to You in this respect. SILVARIS DOES NOT WARRANT THAT THE INTERNET-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INTERNET-BASED SERVICES OR THE SERVER(S) THAT MAKE THE INTERNET-BASED SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SILVARIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE MATERIALS IN THE INTERNET-BASED SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SILVARIS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE MATERIALS ON THE WEBSITES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SILVARIS DOES NOT REPRESENT OR WARRANT THAT ANY MATERIAL ON THE INTERNET-BASED SERVICES IS CORRECT, COMPLETE, OR UP-TO-DATE. SILVARIS MAY CHANGE OR DELETE MATERIAL ON INTERNET-BASED SERVICES WITHOUT NOTICE AT ANY TIME. THEREFORE, USE OF THESE MATERIALS IS AT THE USER’S OWN RISK. SILVARIS WILL MAKE REASONABLE EFFORTS TO MAKE THE INTERNET-BASED SERVICES AVAILABLE DURING BUSINESS HOURS BUT EXPRESSLY DISCLAIMS LIABILITY IN THE EVENT THAT THE INTERNET-BASED SERVICES ARE UNAVAILABLE FOR ANY REASON.
8. Limitation of Liability
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE INTERNET-BASED SERVICES AND THE INFORMATION CONTAINED IN OR COMPILED BY IT. YOU FURTHER ASSUME ALL RISKS & RESPONSIBILITIES FOR ANY USE OF THE INTERNET-BASED SERVICES. IN NO EVENT SHALL SILVARIS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE ANY MATERIAL AVAILABLE FROM THE INTERNET-BASED SERVICES. IN NO EVENT SHALL SILVARIS’ TOTAL LIABILITY FOR CLAIMS, DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE INTERNET-BASED SERVICES OR IF NO MONEY WAS PAID, ACTUAL DIRECT, AND PROVEN DAMAGES ATTRIBUTABLE TO THE WILFUL NEGLIGENCE OF SILVARIS AND UNAVOIDABLE BY YOU.
10. Terms And Conditions of Sale
Silvaris’ current Terms and Conditions of Sale, available at www.silvaris.com/terms.htm, are incorporated herein and made part of this Agreement and shall apply to each and every transaction consummated utilizing Silvaris’ Internet-Based services. Such policy may change without notice to You. You are required to inform Yourself of the then Terms And Conditions Of Sale.
11. Intellectual Property & Data Input
Silvaris owns all data input into or obtained from its Internet-Based Services. Any material, information, or other communication You transmit or post using the Internet-Based Services (“Information”) will be considered non-confidential and non-proprietary. Silvaris has no obligation with respect to the Information. You are solely responsible for providing and maintaining the accuracy of the Information You provide to Silvaris and any liability suffered or threatened against Silvaris arising from Your Information being false, misleading or incomplete. Silvaris reserves the right to reject any of Your Information for any reason. Silvaris and its agents are free to reproduce, use, copy, disclose, distribute, incorporate, and otherwise use the Information without limitation, including all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Further, Silvaris shall be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including without limitation to developing, manufacturing and marketing products incorporating the Information, unless You and Silvaris agree otherwise in writing. Finally, You are prohibited from posting to any of the Internet-Based Services any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Some pages on the Internet-Based Services may contain links to other resources on the Internet. Those links are provided as aids to help identify and locate other Internet resources of interest. Silvaris reserves the right to terminate any link or linking program at any time and without notice. The links are not intended to state or imply that Silvaris sponsors or is affiliated or in any way associated with the owners or publishers of such resources, or that Silvaris is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the link; consequently, the decision to view any linked site is at the viewer’s own risk.
13. System Integrity
You may not use any technique, device, software, routine or any other action to interfere or attempt to interfere with the proper working of the Internet-Based Services or any transaction conducted therein. You may not take any action, which imposes an unreasonable or disproportionately large load on the Internet-Based Services or infrastructure. You may not use Silvaris’ Internet-Based Services for any unauthorized purposes. You may not deep-link to the Internet-Based Services or bypass security or encryption processes, or download any information from the Internet-Based Services other than expressly allowed under this Agreement, and except as may automatically occur during the viewing process (e.g. cookies and cache files).
“Cookies” are very small data files we may place on your computer. Silvaris will not use the Cookies for any purpose other then conducting business with You though the Internet-Based Services.
15. Internet Access
In order to access and interact with the Internet-Based Services, You must be able to operate and maintain the necessary software and hardware, including without limitation Web browser software and appropriate communications infrastructure. Acquiring, installing, maintaining and operating any software and hardware needed to do so is solely Your responsibility. Silvaris is in no way responsible or liable for Your access to the Internet, bandwidth or latency-related problems that may affect Your ability to access the Internet-Based Services.
16. Remote Access
Silvaris makes no representations that materials in the Internet-Based Services are appropriate or available for use in all locations. Those who choose to access the Internet-Based Services do so on their own initiative and are responsible for compliance with applicable local laws. You shall not use or export materials in violation of United States export laws and regulations.
Silvaris’ Internet-Based Services are controlled and operated by Silvaris from its corporate headquarters located in Seattle, Washington, United States of America. Your viewing of any materials on the Internet-Based Services constitutes Your agreement that this Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws. You further agree that any action at law or in equity arising out of or relating to these Conditions Of Use shall be filed only in the state or federal courts located in King County, Washington and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and in so doing, all parties irrevocably & unconditionally waive Native American/Reservation and any other jurisdiction.
In the event Silvaris believes that You are in breach of any of the terms in this Agreement or any policies or procedures set forth in the Internet-Based Services, or that You (or electronic information, viruses and the like coming from Your computer) are adversely affecting the performance or security of the Internet-Based Services, or Silvaris is unable to verify or authenticate any of Your Information, Silvaris may at its sole discretion, without any notice or liability to You and in addition to any remedy Silvaris may have at law or equity, temporarily suspend or terminate Your use of the Internet-Based Services and/or any of Your pending or proposed transactions.
You agree to indemnify and hold Silvaris and its successors, representatives, principals, officers, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns and licensees harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising out of Your use of the Internet-Based Services or the content of Internet-Based Services, any violation of this Agreement or any other Silvaris policy posted in the Internet-Based Services, or any infringement of any intellectual property or other right of any person, by You or any other person using Your user name and password.
20. No Partner
Silvaris is completely independent from You. You agree that Your use of the Internet-Based Services does not in any way deem You a partner, joint venturer, agent with or for Silvaris or engage You in an employer-employee, franchisor-franchisee or any other type of relationship with Silvaris. Nothing in this Agreement shall require Silvaris to participate in or be responsible or liable for any of Your costs, liabilities, expenses or losses.
21. Attorneys’ Fees and Costs
In the event litigation is initiated under this Agreement, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.
22. Timeline to Bring Actions
Any action, whether at law or in equity, must be filed within one year of the facts first giving rise to the claim or be forever barred.
23. Entire Agreement
This Agreement is the entire agreement between You and Silvaris with respect to Internet-Based Services. This Agreement: cannot be modified except in writing signed by an authorized representative of each party; is the complete and final expression of the Agreement of the parties; supersedes all prior written and oral agreements; and can be terminated at any time by Silvaris.
If any provision of this Agreement or the application thereof to any persons or entities or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be deemed affected thereby, and every other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Silvaris’ failure to exercise any rights herein shall not constitute a waiver of its right to exercise the same or any other rights at any subsequent time in respect of the same event or any other event.
Captions used in these terms and conditions are for convenience of reference only, and shall not be used in construction or interpretation of these terms and conditions.
For More Information
Call 888-856-6677 or send us an email.