Terms and Conditions

Last updated: October 3, 2011

Tmber.com is a one-stop website for outdoor enthusiasts of all experience levels to find quality, credible, comprehensive, and entertaining information about hikes and other adventures in the Pacific Northwest.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS, CONDITIONS AND POLICIES DESCRIBED AND REFERENCED BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

This website is not targeted to children under the age of 13. If you are under the age of 13, please let your parents view and use this web site for you. If you are under the age of 18, please do not make any purchases on this web site.

Assumption of Risk

All adventures are subject to current conditions. Although we have made reasonable efforts to provide accurate depictions of routes and correct captioning regarding dates, times and locations, individual experiences will vary widely based on weather, trail conditions and your physical fitness and experience levels. Because of this, we accept no responsibility for loss, injury, bad weather, blisters, or inconvenience sustained by any person using this website.

In other words, by using this site, you acknowledge that the activities depicted here are physically strenuous and subject to applicable conditions, and you assume all risk associated with any tips you plan or actions you take. We heartily encourage you to supplement our video guides and trail reports with your own guidebooks, maps and common sense.

Proprietary Rights

This web site is owned by Tmber LLC. Unless otherwise indicated, all of the content displayed on this site, including, but not limited to, text, graphics, data, images, illustrations, sound, video, audio, software, and the selection and arrangement of these items, are owned by Tmber LLC or its licensors and protected by copyright, trademark, trade dress, or other intellectual property rights. Use of our website content without permission is strictly forbidden. Please contact us if you are interested in using our content for your website or publication.

All user content and feedback, including messages posted to our Recent Trail Reports may be edited, published or otherwise used (or removed) by us. Tmber does not claim ownership of this content, but by submitting or posting it, you grant Tmber a non-exclusive, royalty-free, perpetual, irrevocable, and sublicenseable right to copy, modify, publish, translate, creative derivative works from, perform, display and otherwise use such content (including your submitted name, likeness, and/or voice) on this web site or in any other media for any purpose (except for pornographic or defamatory purposes) related to our services or products, and you waive any right of publicity or privacy you may have in connection with such uses.

You also agree that any content or feedback you submit will not: (i) infringe any third party’s privacy, copyright, or other proprietary right, (ii) be obscene, defamatory, pornographic, abusive or fraudulent, or (iii) violate any applicable law or otherwise give rise to liability. Please be nice and keep it cool.

DMCA Agent

If you have any reason to believe that any material on this web site infringes any copyright that you own or control (or otherwise violates the above user requirements), please provide notice to our designated agent as set forth below:

Make sure to provide sufficient information to establish your rights and to identify the infringing material, including by supplying a hyperlink to the material as it appears on our site.

Privacy and Security

All of us at Tmber respect your privacy. Except for the limited purposes described in our Privacy Policy, we will not share your name, address, email address or other personally-identifiable information with any third party. Read our Privacy Policy below.

We also provide security to protect the loss, misuse and alteration of the customer data that we collect. When you shop at our website your information is protected by a firewall and the use of SSL encryption of your credit card or other payment account information.

Shop

GENERAL

All prices for the Tmber shop are shown in U.S. dollars, and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or part of an order, or discontinue products or services without notice, even if you have already placed your order. We will not charge your payment account until the item ships to your designated address.

Prices on this website (but not in your order confirmation) are subject to change. Some items may be backordered or unavailable even if the website indicates that they are in stock, and adding an item to your cart does not guarantee the availability of that item. If an ordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail.

SHIPPING & DELIVERY

Shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts (meaning items damaged in delivery are the responsibility of the carrier, not us).

Shipping times indicated on this website (if any) are estimates only, as actual delivery dates may vary.

Shipping fees are included in the price of the item and are not refundable under any circumstance. These rates vary based on current USPS pricing and packaging.
International Shipping Information is available upon request. Please contact us here.

RETURNS & REPLACEMENTS

Returns will be accepted only if the return is sent within seven days of the original delivery postmark date.
A full refund of the purchase price, excluding the shipping, will be made promptly of our receipt of the merchandise in the same condition in which it was shipped. These rates vary based on current USPS pricing and packaging.
There are no refunds on items damaged in shipping. In that case, you must file a claim with the carrier.
You must notify us of any return so that we will be expecting your package. Returns that are sent without our prior knowledge will be refused. Notice may be provided by email, including your name, item number, and date of purchase.
We do not refund shipping costs or credit card fees. They will be deducted from the total amount of your refund. These rates vary based on current USPS pricing and packaging.
Items on clearance can not be returned or exchanged.

Disclaimers and Limits on Liability

THIS WEB SITE IS PROVIDED "AS IS”, AND TMBER LLC AND ITS DIRECTORS, MEMBERS, EMPLOYEES AND AFFILIATES (“TMBER”) DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. TMBER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, RELIANCE ON THE INFORMATION PROVIDED HEREIN, OR UNAVAILABILITY OF THE SAME, INCLUDING LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. WE MAKE NO WARRANTY THAT THIS SITE OR ITS CONTENT IS FREE FROM INFECTION BY VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY WITH RESPECT TO A PRODUCT SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND UNDER THE “RETURNS AND REPLACEMENTS” SECTION ABOVE.

IN NO EVENT SHALL TMBER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL TMBER’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THIS WEBSITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR THE COMPENSATION PAID BY YOUR FOR ACCESS TO, OR USE OF, THIS WEBSITE.

(SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)

Applicable Law and Venue

These Terms of Use and your use of the website will be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use or your use of this website.

Changes to Site Terms

We reserve the right to change these Terms of Use or any other terms or policies of this website, at any time and in our sole discretion. When we make changes, we will revise the "last updated" date at the top of these Terms of Use, and changes will be effective immediately upon posting. Your continued use of this website following the posting of any changes will constitute your acceptance of such changes. We encourage you to review these Terms of Use whenever you visit our site.

If you have any questions about these Terms of Use, please direct them here.

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Privacy Policy

All of us at Tmber respect your privacy. Except for the limited purposes described in this Privacy Policy, we will not share your name, address, email address or other personally-identifiable information with any third party.

When you place an order with us, we collect basic information including your name, address, email address, phone number and credit card or Paypal account information. We use this information to confirm and process your order and to respond to any questions you may have. We also may share this information with third parties who perform services on our behalf. For example, we may hire other companies to handle processing of payments, provide data storage, host websites, fill orders and shipments or assist in marketing. In addition, customer information may be shared as part of a corporate business transaction, such as a merger or acquisition of all or a portion of our business to another company or a financing or sale of company assets. It may also be shared in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of the business assets in the transaction. In all cases, third parties receiving our customer information are required to maintain the confidentiality of your information.

We track "passive" information on customers' browsing behavior, but never on an individually-identifiable level. We analyze this information strictly in anonymous or aggregate terms to ensure our site is structured in a user-friendly way for our customers. We may share this anonymous or aggregated information with third parties to enhance the browsing experience of our customers and users.

Acceptance of cookies is not a requirement to browse the content of our website, but our e-commerce applications require the acceptance of cookies to keep track of the items in your shopping cart and to complete an order. We never use cookies to store sensitive customer information such as names, addresses, passwords or credit card numbers. If you would like to place an order, but cannot (or choose not to) allow cookies, you may request a mail-in order form by contacting us directly.

We also collect information using Web beacons. Web beacons are electronic images that may be used on our site or in our emails. We use Web beacons to deliver cookies, count site visits, and understand customer usage, and to tell if an email has been opened or acted on.

Finally, we reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

We may link to websites that have different terms of use, privacy policies and other practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

If you have any questions about our Privacy Policy or have other comments, please do not hesitate to email us here.