IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "user" or "you") use of the Great Southern Wood Web Site, greatsouthernwood.com (the "Web Site") provided by Great Southern Wood Preserving, Inc. (the "Company"). Your use of the Web Site constitutes your acceptance of these Terms and Conditions. These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. These Terms and Conditions were last updated: March 9, 2011.
1. Permitted Use.
2. Proprietary Information.
User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
3. Copyrights and Trademarks.
Unless otherwise noted, all aspects of the Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company, one of its affiliates or by third parties who have licensed their materials to Company and are protected by U.S. and international trademark and copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the Web Site is the exclusive property of Company and is also protected by U.S. and international copyright laws. Company and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, trademarks, trade dress, and other materials that appear on this Web Site. Access to this Web Site does not confer and shall not be considered as conferring upon anyone any license under any of Company's or any third party's intellectual property rights. Company names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Great Southern Wood Preserving, Inc. Company's trademarks include, without limitation, YELLAWOOD®, RAINWOOD®, YELLAWOOD SELECT®, YELLAWOOD SUPERSELECT®, YELLAWOOD® Columns, YELLAWOOD® EXPORT, FLAMEFREEZ®, N-DURZ®, REPEL®, SPLASHWOOD®, TIDETUFF®, the color yellow as it appears on end tags(R), as well as GREAT SOUTHERN WOOD™, and MASTERDECK™. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Web Site. Access to this Web Site does not authorize anyone to use any name, logo or mark in any manner.
ALL CONTENT ON THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEB SITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEB SITE IS AT YOUR OWN RISK. COMPANY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF COMPANY, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEB SITE AND ANY CONTENT ON THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THIS WEB SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEB SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEB SITE. COMPANY DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN ANY PARTICULAR LOCATION WITHIN THE UNITED STATES OR IN LOCATIONS OUTSIDE OF THE UNITED STATES.
5. Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AFFILIATED CORPORATIONS, LIMITED LIABILITY COMPANIES, OR OTHER AFFILIATED ENTITIES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE--WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEB SITE OR ANY CONTENT ON THIS WEB SITE, EVEN IF COMPANY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEB SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN COMPANY'S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
By accessing and using this Web Site, you agree that your access and use of this Web Site is subject to these Terms and Conditions of Usage, and all applicable laws, as governed by the laws of the State of Alabama, without giving effect to any principles of conflicts of laws.
7. Links to Third Party Web Sites
This Web Site may contain links to other sites that are neither owned nor operated by Company (although some such sites may have an affiliation with Company) (collectively, "Third Party Sites"). Such links are provided for your convenience only. Company makes no representations whatsoever about any Third Party Sites that you may access through this Web Site, as Company has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Web Site or the Third Party Site is granted or implied.
8. User Submissions And Unsolicited Submissions Policy
The Company is interested in hearing from you. We welcome your comments about our products and services. However, it is the policy of the Company (which term includes its affiliated and related entities) not to accept or consider unsolicited creative, production-related, advertising, promotional, or other materials of any kind. The Company develops the concepts and ideas for use in advertising, promotion, public relations, and other matters appropriate to promote its products. The Company will not consider suggestions or ideas submitted to it without solicitation. Unless expressly invited or authorized by the Company to do so (see below regarding "Solicited Submissions"), do not send us any creative materials, such as stories, promotional or commercial ideas, slogans, music, or original art work for any reason. We hope you will understand that our intent is to avoid possible misunderstandings when our professional staff develops projects that might seem to others to be similar to their own creative work.
From time to time, areas of the Web Site may expressly solicit submissions of ideas, concepts, scripts, stories, pictures, or other potential content from you ("Solicited Submissions"). When this is the case, you should carefully read any specific rules or other terms and conditions that appear elsewhere on the Web Site that govern these submissions ("Special Terms"), since they can affect your rights. If no Special Terms govern the Solicited Submissions, then this Section 8 will apply in full to any Solicited Submissions you make.
All images, pictures, drawings, photographs, reviews, comments, feedback, postcards, suggestions, ideas, themes, dialogue, concepts, scripts, scenes, and advertising, promotional, or marketing materials of any kind, and any other submissions disclosed, submitted or offered to Company by you (including postings on chat rooms, boards, and contests) whether or not solicited by Company, on or by this Web Site or otherwise disclosed, submitted or offered in connection with your use of this Web Site or through any other medium (collectively, the "Submissions") shall be and remain Company's property. Such disclosure, submission or offer of any Submissions shall constitute an assignment to Company of all worldwide right, title, and interest in the Submissions and all copyrights, trademark rights, patent rights, trade secret rights, and other intellectual property rights in the Submissions. Company will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, publicly perform, display and distribute for any purpose whatsoever any Submissions you submit, without restriction and without compensating you in any way. Company will incur no liability to you (and you hereby release Company from any liability) as a result of any similarities to any Submission that may appear on the Web Site or in future advertising, marketing, promotions, or operations of Company. You waive and agree not to enforce against Company any moral rights or other similar non-transferable rights that may be held by you in any Submission. Company is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any of your Submissions. You agree, represent and warrant that any Submissions submitted by you to the Web Site will not violate this Terms and Conditions of Usage policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Submissions submitted by you to the Web Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." Company does not regularly review posted Submissions, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Web Site. You grant Company the right to use the name that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions you submit. Company and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party.
You agree to defend, indemnify and hold harmless Company and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Web Site, any Submissions you make, or from any breach by you of any agreement, representation, or warranty made by you herein. The terms of this section shall survive the voluntary or involuntary termination of your use of the Web Site for any reason.
10. Safety Notice
Before beginning any construction project, review any applicable instructions carefully, and if any doubts or questions remain, consult local professionals or authorities. Because local codes and regulations vary greatly, you should always check with local authorities to ensure that your project complies with all applicable codes and regulations. Always read and observe all of the safety precautions provided by any tool or equipment manufacturer, and follow all accepted safety procedures. The following are reminders, although not an exhaustive list, of safety measures you should be aware of if undertaking home improvements or other projects yourself with Company products. They are not substitutes for your own caution, care, good judgment and common sense.
1. Consult the end tag to determine which preservative or preservative system was used in the treatment of that particular product. Micronized copper treated products may be used in direct contact with aluminum building products when limited to code-compliant construction applications that provide proper water drainage and do not allow the wood to be exposed to standing water or water immersion.
Warning-Certain metal products (including fasteners, hardware and flashing) may corrode when in direct contact with wood products treated with ACQ preservatives. To prevent premature corrosion and failure, consult the end tag to determine which preservative or preservative treatment was used and follow the metal products manufacturers' recommendations (including Fastener Information Sheets, if any) as they relate to the specific preservative or preservative system indicated on the end tag.
2. Use fasteners and other hardware that are in compliance with building codes for the intended use with the preservative used to treat those particular products. Warning-Do not use wood treated with ACQ (Alkaline Copper Quaternary) in direct contact with aluminum.
3. Do not burn preserved wood.
4. Wear a dust mask and goggles when cutting or sanding wood.
5. Wear gloves when working with wood.
6. Some preservative may migrate from the treated wood into soil/water or may dislodge from the treated wood surface upon contact with skin. Wash exposed skin areas thoroughly.
7. All sawdust and construction debris should be cleaned up and disposed of after construction.
8. Wash work clothes separately from other household clothing before reuse.
9. Preserved wood should not be used where it may come into direct or indirect contact with drinking water, except for uses involving incidental contact such as fresh water docks and bridges.
10. Do not use preserved wood under circumstances in which the preservative may become a component of food, animal feed or beehives.
11. Do not use preserved wood as mulch.
12. Only preserved wood that is visibly clean and free of surface residue should be used.
13. If the wood is to be used in an interior application and becomes wet during construction, it should be allowed to dry before being covered or enclosed.
14. Disposal Recommendations: Preserved wood may be disposed of in landfills or burned in commercial or industrial incinerators or boilers in accordance with federal, state and local regulations.
15. If you desire to apply a paint, stain, clear water repellant or other finish to your preservative treated wood, we recommend following the manufacturer's instructions and label of the finishing product. Before you start, we recommend you apply the finishing product to a small exposed test area before finishing the entire project to insure it provides the intended result before proceeding.
16. Mold growth can and does occur on the surface of many products, including untreated and treated wood, during prolonged surface exposure to excessive moisture conditions. To remove mold from the treated wood surface, wood should be allowed to dry. Typically, mild soap and water can be used to remove remaining surface mold. For more information visit www.epa.gov.
17. Projects should be designed and installed in accordance with federal, state and local building codes and ordinances governing construction in your area, and in accordance with the National Design Specifications® (NDS®) and the Wood Handbook.
11. Site Security
Users are prohibited from violating or attempting to violate the Web Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, or robots) to navigate or search this Web Site other than the search engine and search agents available from Company on this Web Site and other than generally available third party web browsers.
12. Procedure for Making and Responding to Claims of Copyright Infringement -- DMCA Notice
It is the policy of Company to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Company's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Web Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Company's Designated Agent listed below. To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Company's Designated Agent that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; 4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company's Designated Agent for notice of claims of copyright infringement can be reached as follows:
Great Southern Wood Preserving, Inc.
P.O. Box 610
1100 U.S. Highway 431 North
Abbeville, Alabama 36310
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this site. Upon receipt of a valid notification of alleged copyright infringement by a third party, Company shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Company, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above. To be effective, a counter notification must be a written communication provided to the Company's Designated Agent that includes the following:
1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If Company receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Company has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Company's system. You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by Company, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
The Terms and Conditions constitute the entire agreement between you and Company with respect to this Web Site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Company with respect to this Web Site. No modification of the Terms and Conditions shall be effective unless it is authorized by Company.