General. These Website Terms of Use (these “Terms”) govern your access to and use of the website operated by Treeline Terrains LLC, a Vermont limited liability company (“Treeline,” “our,” “us,” or “we”) with a homepage located at https://www.treelineterrains.com/ (the “Website”). By accessing, browsing, using and interacting with this Website, you agree that you have read, understood, and accept these Terms. Please read them carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Website.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms do not constitute a membership agreement with Treeline or govern your use of any products, materials or services that may be offered by Treeline, or any products or services that may be offered by third parties from or in connection with the Website or otherwise, which are subject to their own terms and conditions. By making any purchase with us, you also agree to the Terms of Sale.
Use of the Website. You may only use this Website for its intended purpose and solely in accordance with these Terms. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet websites and third-party resources, and we may employ third party technologies in connection with our Website that require you to accept such third party’s terms. Treeline is not responsible for either the availability of these outside resources or their content, including for any products or services you may obtain by contacting any person or entity as a result of use of the Website or the features hereof. Treeline may, but is not obligated to, monitor your use of the Website.
You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
You may not use the Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws). You shall not transmit any worms or viruses or any malicious code to, on, or through the Website.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, access to the Website or any contact on the Website without express written permission by us.
Modifications to Website and Prices. Prices for our products are subject to change without notice. All descriptions of products and pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on the Website is void where prohibited. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time.
Orders. We reserve the right to refuse, limit, or cancel any order you place with us. You shall provide current, complete, and accurate information for all information submitted on, to, or through the Website, including but not limited to any information submitted for a purchase. You shall promptly notify us of any changes to any information you previously provided to us, including your email address and credit card numbers and expiration dates.
Intellectual Property. The content of this Website is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display the materials on this Website solely for your own personal, non-commercial use. You may not remove any legends placed thereon. You may not “mirror” any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. Treeline does not grant you any licenses, express or implied, to the intellectual property of Treeline or its licensors, except as expressly stated in these Terms or as contained in a separate agreement between you and Treeline. “Treeline” and all associated logos displayed within the Website are our trademarks (unless otherwise noted).
If you elect to provide or make available to Treeline any suggestions, comments, ideas, improvements or other feedback relating to the Website or any products sold on it (“Suggestions”), you hereby grant Treeline a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable right and license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make or have made Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.
Transmission of Content. Any material, information or ideas that you transmit to or post to or through this Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by Treeline and its designees for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with Treeline’s Privacy Policy. You agree to the terms of such Privacy Policy by providing your personal information to Treeline.
International Use. This Website is controlled and operated by Treeline from within the United States. Treeline makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
Limitation of Liability. THE WEBSITE, ITS CONTENT, AND PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL TREELINE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, ITS CONTENT OR ANY OF THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, EVEN IF TREELINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TREELINE’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Term and Termination. These Terms are effective as of the date of your first access or use of the Website, and shall remain in effect for the duration of your access or use. Your right to use the Website shall automatically terminate upon your breach of these Terms. Sections 1 and 3-10 shall survive any expiration or termination of these Terms.
General. The laws of the State of Vermont, excluding its conflict of law principles, govern these Terms and your use of the Website. Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Website (including but not limited to the purchase of Treeline products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Vermont, USA. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms. The invalidity or unenforceability of any provision of these Terms shall not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms. The section headings used herein are for convenience only and shall not be given any legal import. Treeline may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. We may modify these Terms at any time, so be sure to check them regularly. By continuing to use the Website after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using the Website and refrain from any services provided by or at the request of Treeline.
Contacting Us. All questions, comments, feedback and other communications regarding the Website or products and services offered by Treeline should be directed to [email protected].