Terms and Conditions
Terms and Conditions
Last updated: June 18, 2012
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.
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 become a member of, or upload any content or make any purchases on, this web site.
For the purposes of the terms set forth below, a ‘user’ is one who views, accesses or in any way uses this site. A ‘member’ is a ‘user’ who has set up a personal user account. The terms ‘you’ and ‘your’ refer to all users of Tmber.com. The terms ‘we’, ‘us’, ‘our’ and ‘Tmber’ refer to Tmber LLC, the owner of Tmber.com.
The content on this site includes, but is not limited to text, images, photos, illustrations, audio, and video. Content that is generated by our users, which may include trip reports, member profiles, member comments, and member videos or photos, is referred to as “your content” or “user content”. Content that is created and made available on the site by Tmber is referred to “our content” or “Tmber content”. Content that is made available on the site by Tmber but is created by a third party is referred to as “third party content”.
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 in Tmber content, individual experiences will vary widely based on weather, trail conditions and your physical fitness and experience levels. In addition, we do not fact check or otherwise vet user content or third party content, which may include photos,trail reports, gear reviews or other opinions or guidance. 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 that user and third party content is not vetted by Tmber, and you assume all risk associated with any tips you plan or actions you take. We heartily encourage you to supplement all guides and trail reports found on this site with your own guidebooks, maps and common sense.
User Activity and Accounts
To access and participate in the ‘connect’ features of this site, you will be required to create an account and provide personal information to Tmber. This information is accessed through a login and password of your choosing; you are responsible for keeping these confidential. All activity on your account is your responsibility, and you agree to inform Tmber if any unauthorized use of your account occurs. You agree to represent yourself and your activities accurately and credibly, without taking on someone else’s identity or creating multiple member accounts for yourself. You assume all risk for the accuracy, reliability or otherwise of your content, and you acknowledge that your content will be made visible to other Tmber members by choosing to create a member account. If you have concerns regarding your own or another member’s account or content, please let us know here.
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, harassing or fraudulent, or (iii) violate any applicable law or otherwise give rise to liability. You further agree not to use the site to (a) post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other solicitations; (b) introduce any material that contains any software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; or (c) harvest or otherwise attempt to collect or store personal data about other users. Please be nice and keep it cool.
Tmber does not assume responsibility to review or vet user or third party content, but we may, in our discretion, edit, block or delete any content or feedback, including if we believe it violates the letter or spirit of these terms and conditions or any other user guidelines we provide. Likewise, we reserve the right to suspend or close your member account or to remove your content from the site at any time or for no reason. You may terminate your member account at anytime by providing notice of termination here.
Tmber content, 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. Third party content is owned by the applicable third party. Modifying, reproducing, distributing, adapting or any other 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.
Tmber does not claim ownership of user 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 agree that your user content may be combined with other images, text, graphics, film, audio, audio-visual works; that it may be cropped, edited, re-synched or otherwise modified; and that Tmber may, in its discretion, display advertisements and other information adjacent to or included with your content, in any media. You further acknowledge and agree that you have no further right to, or expectation of, additional consideration or payment in connection with Tmber’s use of any content, and that you will make no such further claim to the Company for any reason and irrevocably waive and/or agree not to enforce any claims and assertions of moral rights or attribution with respect to your content.
Please make sure that you have all rights to the content you upload to the site, including rights to use and publish any property, works, or personal likenesses appearing in your content. You represent and warrant that you have all necessary rights to post your user content on this site, and that use of your content on this site and otherwise (as described above) by Tmber will not infringe or violate any copyright, trademark, moral right, right of privacy or publicity, or other proprietary right of any third party.
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:
Copyright Agent , email here.
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
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.
Vendors, Advertisers and links to other sites
Tmber is always on the lookout for opportunities that contribute in a positive way to our user’s experience, either online or out on the trail. To that end, the vendors we choose to highlight on the site provide a service or product that our Tmber team has had a positive experience with. We may receive revenue from these vendors in order to sustain the innerworkings of our company and continue to provide our users with credible and reliable content. Our opinions are not purchased or swayed by these outside third parties. Bottom line: if a vendor is called out or advertises on this site, it’s because we think that their product is worthy of our, and your, time and attention – not because we were paid or compensated.
We may provide links on this site to other third party websites which are not under our control. These links are provided for convenience of reference only. Tmber is not responsible for the organization or their products, and in no way endorses the individual operating the website or provides a warranty of any type regarding the website or the information on the website.
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.
1. 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.
2. International Shipping Information is available upon request. Please contact us here.
RETURNS & REPLACEMENTS
1. Returns will be accepted only if the return is sent within seven days of the original delivery postmark date.
2. 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.
3. There are no refunds on items damaged in shipping. In that case, you must file a claim with the carrier.
4. 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.
5. 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.
6. 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
Changes to Site Terms
Please note that we do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use, enter or upload any information on this site.
When you set up a member account with us, we collect personal information including but not limited to your name, email address and personal website (if you provide one). The information we collect will be displayed to other Tmber members according to the preferences you set in your account. In choosing to set up a member account, you acknowledge that your name, likeness, email, and all other content you choose to post on the site, including text, photographs will be displayed to other Tmber members. You also acknowledge that your personal information may be used by site administrators to contact you in regards to activity on your account, and that unless you choose otherwise, you will be added to our newsletter database.
In addition, 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, we require third parties receiving sensitive customer information to agree to maintain its confidentiality.
We also track "passive" information on user’s browsing behavior. 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.
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.
Tmber respects your right to make choices about the use and disclosure of your personal information. If you would like to review or revise information that you previously provided to us, you may access your information in the “My Account” section of the website. We can also assist you in making any changes, as well as in exercising your right to have your personal information deleted. If you need additional assistance, please contact us here. If at any time you decide that you do not want to receive newsletters or other marketing emails from us, please let us know by: (1) checking or unchecking the appropriate box in your profile on the “Account” section of the website; (2) contacting us here; or (3) following the “unsubscribe” instructions included within each email communication.
We may link to websites, including those of third-parties, that have different privacy policies and 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.