TERMS AND CONDITIONS OF USE
Acceptance of Terms
F&W Forestry Services, LLC (referred to as the "Company," "us" or "we"), provides this website (the “Site”) subject to your compliance with the following Terms and Conditions of Use ("Terms"), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our "Affiliates" include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents available on this Site.
BY USING THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE.
Disclaimer of Warranties
ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. Without limiting the foregoing, we make no warranty that (a) the content of this Site or the offerings on this Site will meet your requirements, (b) the content (including without limitation real property maps or descriptions), offerings, or Site will be uninterrupted, accurate, timely, secure, or error-free, (c) the results that may be obtained from the use of the content or offerings will be effective, accurate, or reliable, or (d) the quality of any content or offerings obtained by you from the Site from us or our Affiliates will meet your expectations or be free from mistakes, errors, or defects. This Site could include technical or other mistakes, inaccuracies, or typographical errors. While we desire to provide an accurate, accessible, and secure Site, we disclaim any obligation to keep the contents of this Site up-to-date, free of error, or free of viruses or other pathogens. We further disclaim any obligation to maintain uninterrupted access to this Site. Temporary interruptions of this Site may occur from time to time.
We may make changes to the content of this Site at any time without notice.
Downloading or other acquisition of any content through this Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
We make no warranty whatsoever regarding any transactions executed through a third party, whether in connection with this Site or otherwise, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any offerings, products, services, or content available on or through this Site from a third party is provided solely by such third party, and not by us or any other of our Affiliates.
We reserve the sole right to either modify or discontinue the Site, including any offerings, content, or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Any new features or content that augment, replace, or in any manner modify this Site shall also be subject to these Terms.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Please consult the laws in your jurisdiction.
Third Party Websites
This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. From time to time such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. We are not responsible for the accuracy, completeness, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
Limitation of Liability and Indemnification
In no event shall we be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profit loss, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with (a) the use of this Site or of any website referenced or linked to from this Site; (b) reliance upon this Site or any information, representation, or other content provided therein; or (c) inability to access this Site or utilize any feature of this Site.
We shall not be liable in any way for third party promises regarding our offerings or content or for assistance in conducting commercial transactions with any third party through this Site.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney fees, that may arise from your use or misuse of this Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Nothing in these Terms or on this Site shall be construed as permission or authorization for you or any third party to enter onto any real property owned, leased, managed, or occupied by the Company (“Company Property”). With the exception of damage or injury caused by the intentional unlawful act, gross negligence, or sole negligence of the Company, you hereby (a) waive any and all claims, causes of action, and rights to recovery (whether now existing or at any time hereafter arising, and whether relating to injury to person, property, or otherwise) against the Company or its Affiliates to the extent such claim, cause of action, or right to recovery in any manner arises out of your presence upon or activities upon or adjacent to any Company Property; and (b) agree to indemnify and hold harmless the Company, its officers, employees, directors, agents, contractors, and Affiliates from any and all claims, loss (including attorney fees), liability, injury, damages, causes of action, and rights to recovery in any manner arising out of either (i) your presence upon or activities upon or adjacent to any Company Property, or (ii) the presence upon any Company Property, or activities upon or adjacent to any Company Property, by any natural or legal person acting with your permission or at your direction.
Site as Solicitation of Offers
Nothing on this Site is, or shall be construed to be, an offer to lease or license any real property or any interest or right therein. This Site and its contents serve solely to solicit potential offers for license. The Company may, at its sole discretion, reject any offer submitted.
In the event any offer is accepted, the offeror shall be subject to further terms, conditions, and requirements as provided by the Company in addition to these Terms. For example and without limitation, the grant of a license to the offeror shall require for its effectiveness a written license signed by an authorized official of the Company, and payment of any and all license fees as may be required by the Company.
Intellectual Property; Exclusive Rights
For purposes of these Terms, "content" is defined as any information, communications, software, published works, photos, maps, drawings, descriptions, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by the Companyor any Affiliate.
You agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and, with the exception of content provided by a third party, is the sole property of the Companyor Affiliates.
All logos and service names are registered trademarks, trademarks, or service marks of the Companyor Affiliates. The custom graphics and icons used in the Site, as well as the overall appearance and design of the Site, are property of All other trademarks or service marks are property of their respective owners.
Nothing in these Terms or on the Site grants you any right or license to use any trademark, service mark, logo, icon, and/or name of the Company or any Affiliate. Neither the Company nor Affiliates waives any proprietary or other right in or to any trademark, service mark, logo, custom graphic, icon, or name used or displayed anywhere in the Site. The availability of any content through this Site shall not be a transfer of any intellectual property right to you or to any other person.
Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. The Site and/or its contents may be protected by U.S. or international copyright laws. Any unauthorized use of Site content violates our intellectual property interests or those of ________________________ could result in criminal or civil penalties. You may not delete any copyright or similar notice from any content obtained from the Site.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
Operation of Site as Passive Activity; Exclusive Venues
This site is operated and controlled by Orbis, Inc. (“Operator”) from its offices in the State of North Carolina, United States of America. You agree that the operation and control of this Site, the posting of any content on this Site, and the receipt of any compensation or benefit arising out of this Site, whether individually or collectively, is a passive activity only and shall not subject either the Operator or the Company to the in personam jurisdiction of the courts of any jurisdiction outside of the State of Georgia, States of America.
You agree that, as stated more fully hereinbelow, any disputes or claims arising out of or under these Terms or this Site shall be resolved by binding arbitration. However, to the extent any action, cause of action, or request for relief may be filed against the Company or Operator in any court, you agree that the Superior Court of Dougherty County, Georgia and the United States District Court for the Middle District of Georgia shall be the exclusive venues for all non-arbitrable actions or claims and that any action, cause of action, or request for relief filed in any other court shall be subject to dismissal at the request of the Company or Operator. Such ground for dismissal shall be in addition to, and not in place of, the effect of the parties’ binding agreement to arbitrate.
Termination of Use
We may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site.
We shall not be liable to you or any third party for any claims for damages arising out of any termination of your access to this Site. Termination of your access to this Site shall not terminate any obligation or liability imposed upon you by these Terms.
Miscellaneous Provisions
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate, lawful, or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
These Terms and your use of this Site shall be governed by and construed in accordance with the laws of the State of Georgia. Such laws shall be controlling, without regard to conflicts of laws principles thereof.
ANY DISPUTE OR CLAIM IN ANY MANNER ARISING OUT OF OR UNDER THESE TERMS, OR ARISING OUT OF USE OF THIS SITE, SHALL BE RESOLVED BY ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AS THEN IN EFFECT. ARBITRATION SHALL OCCUR IN ALBANY, DOUGHERTY COUNTY, GEORGIA, UNITED STATES OF AMERICA, UNLESS THE COMPANY EXPRESSLY AGREES OTHERWISE IN A SIGNED WRITING. THE ARBITRATION AWARD SHALL BE FINAL AND BINDING UPON THE PARTIES. THE PREVAILING PARTY SHALL BE ENTITLED TO ITS COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY FEES) INCURRED IN CONNECTION WITH THE ARBITRATION PROCEEDING.
Except as expressly permitted hereinabove, you agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site, or use of or access to this Site or offerings provided through this Site.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may not be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.