Acceptance of Terms.

Please read this Terms of Use (“TOU”) agreement carefully. The agreement governs your use of the Forest Seedling Network (“FSN”) website and the services and goods provided through or in connection with the website. Each time you use the FSN website, you acknowledge that you have read and agree to be bound by the TOU, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or subsequent modifications thereto, or become dissatisfied with FSN in any way, your only recourse is to immediately discontinue use of FSN.

Modifications to this Agreement.

FSN reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modification shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

Description of Services.

FSN is only a venue as an online marketplace for clients to find and transact with other users who are providing products or services. FSN is not a broker, lender or seller. FSN is not responsible or liable for any products, services, information or other materials displayed, purchased or obtained using the FSN website. FSN does not endorse, warrant or guaranty the products or services of any seller. Your interactions with organizations and/or individuals found on or through FSN, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

LIMITATION OF LIABILITY 

FSN IS NOT LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS, OMISSIONS OR LOSSES WITH RESPECT TO THE INFORMATION RELATED TO OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF A PRODUCT OR SERVICE. FSN IS NOT LIABLE FOR ANY ACTS OR OMISSIONS TO ACT OF ANY SELLER, LENDER OR BROKER ON THE WEBSITE. USERS ASSUME THE ENTIRE RISK AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, VALIDITY AND QUALITY OF ANY INFORMATION POSTED ON OR DISSEMINATED THROUGH THE FSN WEBSITE.

FSN IS NOT LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS, OMISSIONS OR LOSSES WITH RESPECT TO YOUR USE OF PAYPAL® SERVICES. FSN IS NOT LIABLE FOR ANY PAYMENTS MADE WITH CHECKS THAT ARE LOST OR OTHERWISE MISPLACED IN THE MAILS. YOU AGREE THAT YOUR USE OF PAYPAL® SERVICES OR THE MAILING OF CHECKS TO FSN IS SOLELY AT YOUR OWN RISK.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FSN, ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO:

  1. DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE FSN;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FSN;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
  5. ANY OTHER MATTER RELATING TO YOUR USE OF FSN.

IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THIS WEBSITE, OR BETWEEN USERS AND ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT FSN IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE FSN, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICE PROVIDED BY FSN.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
  1. YOUR USE OF FSN IS AT YOUR SOLE RISK. FSN PROVIDES ITS SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. FSN AND ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, SUPPLIERS AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
  2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FSN IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL; AND
  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM FSN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

Links.

FSN or FSN vendors may provide links to external websites or resources for your convenience or reference only. Because FSN has no control over such sites and resources, you acknowledge and agree that FSN is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You acknowledge and agree that FSN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

Indemnity.

You agree to indemnify and hold FSN, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any content you submit, post or make available through FSN, your use of FSN, any referral made, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Entire Agreement.

The TOU constitutes the entire agreement between you and FSN and governs your use of FSN, superseding any prior agreements between you and FSN with respect to the use of FSN. The section titles in the TOU are for convenience only and have no legal or contractual effect.

Choice of Law and Forum.

The TOU and the relationship between you and FSN shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and FSN agree to submit to the personal and exclusive jurisdictions of the courts located within the County of Marion, State of Oregon.

Waiver and Severability of Terms.

The failure of FSN to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of FSN or the TOU must be filed within one year after such claim or cause of action arose or be forever barred.