By accessing and using this Web site (the "Web site"),
you acknowledge and agree with Southern Forest Products Association
(the "Association") to be bound by the following terms
and conditions governing your use of the Web site:
1. Customer Information. You agree to provide information
which is: (i) accurate and not misleading, (ii) free of damaging
content, including, without limitation, viruses, bugs, "Trojan
Horses", worms, time bombs, cancelbots or other computer programs
that have the purpose or effect of disabling, overburdening,
damaging, interfering, altering, intercepting, expropriating
or otherwise impacting or affecting the Web site or computer
systems or other users of the Web site, and (iii) not defamatory,
profane, offensive or pornographic. Should you provide the Association
by electronic mail or otherwise with information including feedback
data, such as questions, comments, suggestions, such information
shall become the property of the Association and shall be deemed
to be non-confidential and non-proprietary. The Association
shall have no obligation of any kind with respect to such information
and shall be free to reproduce, publish, use, disclose and distribute
the information to others without limitation and for any purposes.
The Association shall be free to use any ideas, concepts, know-how
or techniques contained in such information for any purpose
whatsoever including but not limited to developing and marketing
services incorporating such information.
2. Prohibited Uses. The Association prohibits the use
of the Web site for any of the following: (i) to engage in any
activity that is illegal or unauthorized, (ii) to post or transmit
any information that will infringe the copyright, trademark
or other intellectual property rights of others or violate the
privacy or publicity rights of others, (iii) to frame or create
a link to any of the information on the Web site, (iv) to access
any unauthorized data or to breach any security measure on the
Web site, or (v) to post or send any unsolicited e-mail, promotion
or advertisement over the Web site.
3. Technical Difficulties. While the Association endeavors
to ensure uninterrupted service, there may be times when, for
whatever reason, electronic communication to or from the Association,
or access or use of this Web site is delayed, impaired or impossible
(collectively, the "Technical Difficulties"). Should
you experience any Technical Difficulties, promptly contact
the Association using the contact information provided below.
In no event shall the Association be liable to you, your customers
or any other party for any loss of information, blockages or
delays affecting data, information, notifications, purchases,
deliveries or any other aspect of the Web site due to Technical
Difficulties.
4. WAIVER OF WARRANTY. NEITHER THE ASSOCIATION NOR ITS
AFFILIATED, RELATED OR SUBSIDIARY COMPANIES, NOR ANY OF THEIR
RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS
OR SUPPLIERS, MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING
THE AVAILABILITY, SUITABILITY, RELIABILITY, MERCHANTABILITY,
NON-INFRINGEMENT, CAPABILITY, USEFULNESS OR FITENSS FOR ANY
GENERAL OR PARTICULAR PURPOSE OF THE WEB SITE, OR REGARDING THE
CHARACTERISTICS OF SERVICES PROVIDED BY OR THROUGH THE WEB SITE,
OR REGARDING THE TIMELINESS, ACCURACY OR USEFULNESS OF INFORMATION
OBTAINTED FROM OR THROUGH THE WEB SITE AND YOU HEREBY WAIVE ALL
SUCH WARRANTIES, WHETHER EXPRESS OR IMPLIED; IT BEING UNDERSTOOD
THAT THIS WEB SITE IS PROVIDED TO YOU "AS IS, WHERE IS", WITHOUT
ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
5. Risk of Loss. You assume and accept all liability
and/or risk of loss associated with use of the Web site and your
use and reliance on any information provided on this Web site
is at your own risk. In connection therewith, you will protect,
defend, hold harmless and indemnify the Association and its
owners, directors, officers, employees, agents, insurers, other
customers, contractors, vendors, suppliers and invitees, each
of its members and those of its subsidiary or affiliated companies,
from and against any and all demands, claims, actions, costs,
expenses (including, without limitation, legal costs and attorney's
fees to enforce rights arising hereunder) and liabilities (individually,
a "Claim", collectively, the "Claims") brought
or asserted against the Association by or on behalf of any person
or entity whomsoever, which Claims directly or indirectly relate
to your use of the Web site, by whomsoever incurred, regardless
of the extent to which, if at all, a Claim may be attributable,
in whole or in part, to the breach of contract, negligence,
strict liability or other legal fault of the Association, for
acts or omissions occurring or conditions existing at any time.
THE ASSOCIATION SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS,
OPPORTUNITY, REVENUE OR PROFIT, LOSS OF REPUTATION OR GOODWILL,
COST OF MONEY, OR FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT
OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE, BY WHOMSOEVER
INCURRED AND REGARDLESS OF CAUSE, INCLUDING WHETHER ATTRIBUTABLE,
IN WHOLE OR IN PART, TO THE BREACH OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER LEGAL FAULT OF THE ASSOCIATION IN
CONNECTION WITH THE ESTABLISHMENT OR OPERATION OF THE WEB SITE
OR THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT
ON THE WEB SITE.
6. Copyrights and Trademarks. This Web site contains content,
data compilations, names, trademarks, logos and graphics, which
are protected by copyright and trademark laws and are the sole
property of the Association or its affiliates. All rights reserved.
The use of any of the Association's protected intellectual property
without the express written consent of the Association is prohibited.
No content from this Web site may be copied, modified, uploaded,
published, transmitted or distributed in any form or manner
without the prior written consent of the Association. Any unauthorized
use of content from this Web site, which may violate copyright
or trademark laws could result in criminal or civil penalties.
7. Dispute Resolution. This Agreement, establishment,
operation and use of the Web site and activities related thereto,
are governed by and shall be construed in accordance with the
laws of the State of Louisiana, excluding any conflicts of laws
principles that may call for the application of the laws of
any other jurisdiction. By using this Web site, or by contracting
for or accepting services from the Association through this
Web site, you expressly agree, for yourself and for your successors
and assigns, to: (i) submission of all disputes arising out
of or in connection with this Agreement to litigation in the
state or federal courts located in New Orleans, Louisiana, (ii)
waive any right to a jury trial, (iii) waive and not assert
in any proceeding that you are not bound to litigate as aforesaid,
that you are not subject to the jurisdiction of the state or
federal courts of New Orleans, Louisiana or that New Orleans,
Louisiana is an improper or inconvenient location or forum in
which to litigate, and (iv) the entry of any settlement or judgment
arising from such litigation in a court of competent jurisdiction
for the purpose of enforcing such settlement or making such
award executory in that jurisdiction. You are responsible for
ensuring that your conduct is at all times in compliance with
the laws, rules and regulations applicable to business transactions
conducted in your particular location or by persons or entities
of your citizenship.
8. Waiver. No course of dealing and no delay by either
party in exercising any right, power or remedy shall operate
as a waiver thereof or otherwise prejudice its rights, powers
or remedies.
9. Severability. If any provision of this Agreement is
deemed invalid or unenforceable, then the invalid or unenforceable
provision shall be stricken and replaced with a valid and enforceable
provision that most closely matches the intent of the original,
stricken provision and all other provisions of this Agreement
shall be unaffected and remain in full force.
10. Span Tables and Design Values. The Association does
not grade or test lumber; and accordingly, does not assign design
values to Southern Pine lumber. The design values contained
on the Web site are based on the SPIB Standard Grading Rules
for Southern Pine Lumber, published by the Southern Pine
Inspection Bureau, and modified as required by the National
Design Specification® ("NDS®") for Wood Construction published
by the American Forest & Paper Association ("AF&PA").
The primary purpose of the provided span tables and design values
is to provide a convenient reference for joist and rafter spans
for specific grades of Southern Pine lumber. The maximum spans
provided on the Web site were determined on the same basis as
those in the Span Tables for Joists and Rafters published by
AF&PA. Accordingly, the Association, its principals and/or members,
do not warrant in any way that the design values on which the
span tables for Southern Pine lumber contained on the Web site
are based are correct, and specifically disclaim any liability
for injury or damage resulting from the use of such span tables.
The conditions under which lumber is used in construction may
vary widely, as does the quality of lumber and workmanship.
Neither the Association, nor its principals and/or members,
have any knowledge of the construction project; and accordingly,
cannot and do not, warrant the performance of the lumber used
in completed structures.
11. Hyperlinks. The Association is in the business of
promoting the interests of its members as a whole and does not
promote the services, products or publications of one Association
member over any other member. Links to Association member sites,
other Web sites or references to products, services or publications,
other than those of the Association at this Web site, do not
imply the Association's endorsement or approval of such Web sites,
products, services or publications, nor are such links or references
any indication that the Association has received specific authorization
to provide these links or references. The Association does not
endorse, approve, certify or control these external Web sites,
and is not responsible for the accuracy, timeliness, completeness,
efficacy, merchantability, fitness for any particular purpose
or correct sequencing of any information located on such Web sites.
Rather, the links on this Web sites to other Web sites are provided
solely as a convenience to users of this Web site. Your linking
to these Web sites and your use of information on these Web sites
is at your own risk and will be subject to the terms and conditions
of use of such Web sites and not the terms and conditions of
use of this Web site.
12. Supplier Contacts. The retail dealer, distributor
and product locator is provided as a convenience for visitors
interested in finding a source of supply for Southern Pine lumber
products. Listed contact information of retail dealers, distributors,
or Association member producers, does not imply the Association's
endorsement, approval or warranty of their products, services,
expertise, or business practices.
13. E-mail Privacy. Your e-mail address will only be
used within the Association to send you the news and publication
updates requested below or to respond to your questions or comments.
We do not disclose, sell or rent e-mail addresses to anyone
outside the Association. If you are interested in Web site news
and publication updates, please click
here to send us your e-mail address. If you wish to be removed
from our e-mail mailings, please click
here to remove your e-mail address from our list. If you
are under the age of thirteen, do not use this Web site or submit
your e-mail address without the supervision of a parent or guardian.
14. Notices. All notices to the Association shall be
directed in writing to the attention of General Counsel, Southern
Forest Products Association, 2900 Indiana Ave., Kenner, LA 70065.
Technical Difficulties may be reported via email, phone at 504-443-4464,
or Fax 504-443-6612.
15. Web Site Revisions. The Association reserves the right
to revise or modify these terms and conditions or any information
on the Web site and to interrupt or discontinue the operation
of this Web site at any time and without prior notice. You should
periodically review these terms and conditions to determine
the then-current terms and conditions.
