SUBSCRIPTION AGREEMENT
PLEASE READ THIS SUBSCRIPTION AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS SUBSCRIPTION AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS SUBSCRIPTION AGREEMENT, DO NOT USE THE SITE.
This Agreement is between Random Lengths Publications, Inc. of Eugene, Oregon (hereinafter “Random Lengths”), and you, the "Subscriber". Random Lengths creates and publishes a variety of informational publications and Web sites of particular interest to the forest products industry. All Random Lengths’ publications (hereinafter “Reports”) and Web sites (hereinafter “Sites”) are the property of Random Lengths, and contain proprietary information and copyrighted material. The Reports are delivered by mail, facsimile, Web site, and/or electronic means. Some Reports in electronic form are available in spreadsheet, data base, and other computer file formats.
This Subscriber Agreement governs the Subscriber's access and use of the Site, which includes any information, data, graphs, prices, tools, products, services and other content (together, "Content") available on or through the Site. The Subscriber may contact Random Lengths by e-mail at subscriptions@rlmyprint.com with questions about the terms and conditions of this Subscription Agreement.
By accessing or using this Site, by clicking on "I AGREE" below, or by paying a Renewal Statement Amount or Invoice the Subscriber agrees to be bound by the terms and conditions of this Subscription Agreement (hereinafter “Agreement”). The Renewal Statement or Invoice is incorporated into this Agreement by reference. If Subscriber does not agree to the terms and conditions of this Agreement, the Subscriber should refuse to click on "I AGREE" below, refuse to pay the Renewal Statement Amount or Invoice, immediately notify Random Lengths to cancel all of the Subscriber’s subscriptions and cease all uses of Random Lengths’ Reports and Sites which are granted by this Agreement. Random Lengths will promptly refund any unearned subscription fees, less a fee of 25% of the subscription price. This Agreement supersedes all prior agreements between Subscriber and Random Lengths pertaining to the Reports and Sites and governs Subscriber’s use of the Reports and Sites.
Subscriber acknowledges that the Reports and Sites it receives and has access to contain proprietary information and copyrighted material that are the exclusive property of Random Lengths. Subscriber agrees that the Reports and Sites and the contents thereof, whether in whole or in part, may not be retransmitted to any third party or separate physical location of Subscriber without the express written consent of Random Lengths. Subscriber agrees that Random Lengths’ may use software, Internet tools, and any other available means that tracks and monitors Subscriber’s use of Random Lengths Reports and Sites. All rights not specifically granted herein are reserved to Random Lengths.
Random Lengths warrants that the information and opinions contained in its Reports and Sites represent Random Lengths’ good faith efforts and best judgment. Random Lengths makes no warranties, express or implied regarding the accuracy of the information and opinions, and Random Lengths will not be liable to the Subscriber for Subscriber’s reliance upon information or opinions contained in the Reports and Sites. The Reports and Sites are provided “as is” without any warranty of any kind, either express or implied including, without limitation, any warranty of merchantability and fitness for a particular purpose. Except for a refund of the pro rata portion of the subscription amount, less a fee of 25% of the subscription price, Random Lengths shall not be liable for any damages, including loss of profits or incidental or consequential damages, arising out of Subscriber’s failure to receive the Reports or access the Site. Some states do not allow exclusion or limitation of implied warranties or limitations of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to Subscriber.
If any provision of the Agreement is found to be unlawful, void, or unenforceable, then that provision shall be severed from this Agreement and will not affect the validity or enforceability of any of the remaining provisions. This Agreement shall be governed by the laws of the State of Oregon. Random Lengths shall be entitled to recover its attorneys fees and costs at trial or on appeal in any suit brought to enforce the terms of this Agreement.
The term of this Agreement is governed by the Renewal Statement or Invoice. Subscriber may terminate this Agreement at any time and Random Lengths will refund any unearned portion of the subscription fee, less a fee of 25% of the subscription price. Random Lengths may terminate the Agreement at any time for failure to pay the subscription fee. This Agreement and Subscriber’s right to use the Reports shall terminate automatically if Subscriber fails to comply with any terms of this Agreement.
Random Lengths grants the Subscriber a limited right to use the Site
Right to use the Site is subject to the Subscriber's agreement to abide by this Subscriber Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason, Random Lengths may revoke the Subscriber's right to use all or any portion of the Site. Subscriber may not violate or attempt to violate the security of the Site. The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property rights.
The Content on this Site is for personal use only by the individual Subscriber, who may save graphs to their hard drive or other storage media, print data reports and graphs out onto paper, and embed graphs in reports and presentations, provided that they do so for their own use, and do not distribute the graphs or data to others.
Except as permitted by this Agreement, the Subscriber may not decompile, reverse engineer, disassemble, transfer, redistribute, resell, sublicense, retransmit, create any derivative works, publish, or otherwise reproduce the Content, including but not limited to the underlying data and graphs, in any form, to anyone, whether or not they accept compensation for doing so.
Subscriber may not use any network monitoring or discovery software to determine the Site’s architecture. Subscriber may not use any robot, spider, scraper, other automatic software or device, or manual process to retrieve, index, monitor or copy the Site or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its Content, without first receiving prior written consent from Random Lengths.
Subscriber may not remove any copyright, trademark or other proprietary rights notices contained on, embedded in files downloaded from, or printed from the Site.
Passwords and Access to Service
To obtain access to the Site, Subscriber will be required to register, and agrees to provide true, accurate, current and complete information as prompted by the registration form, and agrees to maintain and properly update the Registration Data to keep it true, accurate, current and complete. Random Lengths will provide the Subscriber with a password to access the Site.
The Subscriber acknowledges and agrees that they are the only individual allowed to access the Site using the Password, and that access by multiple users sharing one account is prohibited, unless agreed otherwise by Random Lengths.
The Subscriber is solely responsible for maintaining the confidentiality and security of the password. The Subscriber may not disclose the password to any third party. The Subscriber must not permit anyone else to use any of the Sites through their subscription, username or password. The Subscriber accepts full responsibility for any and all activities (including purchases) that are conducted through use of the password. The Subscriber must notify Random Lengths immediately of any actual or suspected loss, theft or unauthorized use of the password. Random Lengths reserves the right to require the Subscriber to periodically change their password.
The Site may be temporarily unavailable from time to time due to required maintenance, network interruptions, or other disruptions. Although every reasonable effort is made to minimize such downtime, Random Lengths does not guarantee 100% availability of the site. Random Lengths may discontinue, terminate or change the Site, or its availability, at any time.
Monitor and Record Activity
Random Lengths has the right to monitor and record activity on the Site and respond as it deems appropriate. Random Lengths may monitor and record activity on the Site for any reason, investigate any complaint or reported violation of our policies, and report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate. Random Lengths may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that it deems appropriate.
Privacy
Random Lengths respects your privacy. Personal nonpublic information that we gather from you will be governed by our Privacy Policy. In addition to reviewing these terms and conditions of use, please review our Privacy Policy.
Notices
Notices by Random Lengths to Subscribers may be given by means of electronic messages or by a general posting on the service.
Changes To Subscriber Agreement
Random Lengths reserves the right to make changes, modifications, amendments and/or updates to the terms in the Subscriber Agreement from time to time and for any reason, by posting such changes in this document, which you can access at any time by visiting http://www.rlmyprint.com. You acknowledge and agree that you shall be responsible for reviewing this Agreement from time to time to review for changes, and that changes to this Agreement shall be effective when posted. By continuing to use the Service after Random Lengths has posted any such changes in the Subscriber Agreement or otherwise, you are agreeing to be bound by all of the Subscriber Agreement, as amended.
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