Website Terms of Use 

Last Modified: April 24, 2023 

Acceptance of the Terms of Use 

These terms of use are entered into by and between You and Timber Realty & Remodel  ("Company," "we," or "us"). The following terms and conditions, together with any  documents they expressly incorporate by reference (collectively, "Terms of Use"), govern  your access to and use of timberuthomes.com, including any content, functionality and  services offered on or through timberuthomes.com (the "Website"), whether as a guest or  a registered user. 

Please read the Terms of Use carefully before you start to use the Website. By using the  Website, you accept and agree to be bound and abide by these Terms of Use and our  Privacy Policy, found at http://timberuthomes.com/privacy, incorporated herein by  reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you  must not access or use the Website.  

This Website is offered and available to users who are 18 years of age or older. By using  this Website, you represent and warrant that you are of legal age to form a binding contract  with the Company and meet all of the foregoing eligibility requirements. If you do not meet  all of these requirements, you must not access or use the Website. 

Changes to the Terms of Use 

We may revise and update these Terms of Use from time to time in our sole discretion. All  changes are effective immediately when we post them, and apply to all access to and use  of the Website thereafter. However, any changes to the dispute resolution provisions set  forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties  have actual notice prior to the date the change is posted on the Website. 

Your continued use of the Website following the posting of revised Terms of Use means  that you accept and agree to the changes. You are expected to check this page from time to  time so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security 

We reserve the right to withdraw or amend this Website, and any service or material we  provide on the Website, in our sole discretion without notice. We will not be liable if for  any reason all or any part of the Website is unavailable at any time or for any period. From  time to time, we may restrict access to some parts of the Website, or the entire Website, to  users, including registered users.

You are responsible for both: 

• Making all arrangements necessary for you to have access to the Website. 

• Ensuring that all persons who access the Website through your internet connection  are aware of these Terms of Use and comply with them. 

To access the Website or some of the resources it offers, you may be asked to provide  certain registration details or other information. It is a condition of your use of the Website  that all the information you provide on the Website is correct, current and complete. You  agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed  by our Privacy Policy, and you consent to all actions we take with respect to your  information consistent with our Privacy Policy. 

If you choose, or are provided with, a user name, password or any other piece of  information as part of our security procedures, you must treat such information as  confidential, and you must not disclose it to any other person or entity. You also  acknowledge that your account is personal to you and agree not to provide any other person  with access to this Website or portions of it using your user name, password or other  security information. You agree to notify us immediately of any unauthorized access to or  use of your user name or password or any other breach of security. You also agree to ensure  that you exit from your account at the end of each session. You should use particular  caution when accessing your account from a public or shared computer so that others are  not able to view or record your password or other personal information. 

We have the right to disable any user name, password or other identifier, whether chosen  by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

Intellectual Property Rights 

The Website and its entire contents, features and functionality (including but not limited to  all information, software, text, displays, images, video and audio, and the design, selection  and arrangement thereof), are owned by the Company, its licensors or other providers of  such material and are protected by United States and international copyright, trademark,  patent, trade secret and other intellectual property or proprietary rights laws. 

These Terms of Use permit you to use the Website for your personal, non-commercial use  only. You must not reproduce, distribute, modify, create derivative works of, publicly  display, publicly perform, republish, download, store or transmit any of the material on our  Website, except as follows:

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• Your computer may temporarily store copies of such materials in RAM incidental  to your accessing and viewing those materials. 

• You may store files that are automatically cached by your Web browser for display  enhancement purposes. 

• You may print one copy of a reasonable number of pages of the Website for your  own personal, non-commercial use and not for further reproduction, publication or  distribution. 

• If we provide desktop, mobile or other applications for download, you may  download a single copy to your computer or mobile device solely for your own  personal, non-commercial use, provided you agree to be bound by our end user  license agreement for such applications. 

You must not: 

• Modify copies of any materials from this site. 

• Use any illustrations, photographs, video or audio sequences or any graphics  separately from the accompanying text. 

• Delete or alter any copyright, trademark or other proprietary rights notices from  copies of materials from this site. 

You must not access or use for any commercial purposes any part of the Website or any  services or materials available through the Website.  

If you wish to make any use of material on the Website other than that set out in this section,  please address your request to: sales@timberuthomes.com . 

If you print, copy, modify, download or otherwise use or provide any other person with  access to any part of the Website in breach of the Terms of Use, your right to use the  Website will cease immediately and you must, at our option, return or destroy any copies  of the materials you have made. No right, title or interest in or to the Website or any content  on the Website is transferred to you, and all rights not expressly granted are reserved by  the Company. Any use of the Website not expressly permitted by these Terms of Use is a  breach of these Terms of Use and may violate copyright, trademark and other laws. 

Trademarks 

The Company name, the Company logo and all related names, logos, product and service  names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company. All 

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other names, logos, product and service names, designs and slogans on this Website are the  trademarks of their respective owners. 

Prohibited Uses 

You may use the Website only for lawful purposes and in accordance with these Terms of  Use. You agree not to use the Website: 

• In any way that violates any applicable federal, state, local or international law or  regulation (including, without limitation, any laws regarding the export of data or  software to and from the US or other countries).  

• For the purpose of exploiting, harming or attempting to exploit or harm minors in  any way by exposing them to inappropriate content, asking for personally  identifiable information or otherwise. 

• To send, knowingly receive, upload, download, use or re-use any material which  does not comply with these Terms of Use. 

• To transmit, or procure the sending of, any advertising or promotional material,  including any "junk mail," "chain letter," "spam," or any other similar solicitation. 

• To impersonate or attempt to impersonate the Company, a Company employee,  another user or any other person or entity (including, without limitation, by using  e-mail addresses associated with any of the foregoing). 

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment  of the Website, or which, as determined by us, may harm the Company or users of  the Website, or expose them to liability. 

Additionally, you agree not to: 

• Use the Website in any manner that could disable, overburden, damage, or impair  the site or interfere with any other party's use of the Website, including their ability  to engage in real time activities through the Website. 

• Use any robot, spider or other automatic device, process or means to access the  Website for any purpose, including monitoring or copying any of the material on  the Website. 

• Use any manual process to monitor or copy any of the material on the Website, or  for any other purpose not expressly authorized in these Terms of Use, without our  prior written consent.

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• Use any device, software or routine that interferes with the proper working of the  Website. 

• Introduce any viruses, trojan horses, worms, logic bombs or other material which  is malicious or technologically harmful. 

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts  of the Website, the server on which the Website is stored, or any server, computer  or database connected to the Website.  

• Attack the Website via a denial-of-service attack or a distributed denial-of-service  attack. 

• Otherwise attempt to interfere with the proper working of the Website. Reliance on Information Posted 

The information presented on or through the Website is made available solely for general  information purposes. We do not warrant the accuracy, completeness or usefulness of this  information. Any reliance you place on such information is strictly at your own risk. We  disclaim all liability and responsibility arising from any reliance placed on such materials  by you or any other visitor to the Website, or by anyone who may be informed of any of  its contents. 

This Website may include content provided by third parties, including materials provided  by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting  services. All statements and/or opinions expressed in these materials, and all articles and  responses to questions and other content, other than the content provided by the Company,  are solely the opinions and the responsibility of the person or entity providing those  materials. These materials do not necessarily reflect the opinion of the Company. We are  not responsible, or liable to you or any third party, for the content or accuracy of any  materials provided by any third parties. 

Changes to the Website 

We may update the content on this Website from time to time, but its content is not  necessarily complete or up-to-date. Any of the material on the Website may be out of date  at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website 

All information we collect on this Website is subject to our Privacy Policy. By using the  Website, you consent to all actions taken by us with respect to your information in  compliance with the Privacy Policy. 

Linking to the Website and Social Media Features

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You may link to our homepage, provided you do so in a way that is fair and legal and does  not damage our reputation or take advantage of it, but you must not establish a link in such  a way as to suggest any form of association, approval or endorsement on our part without  our express written consent. 

This Website may provide certain social media features that enable you to: 

• Link from your own or certain third-party websites to certain content on this  Website. 

• Send e-mails or other communications with certain content, or links to certain  content, on this Website. 

• Cause limited portions of content on this Website to be displayed or appear to be  displayed on your own or certain third-party websites. 

You may use these features solely as they are provided by us and solely with respect to the  content they are displayed with. Subject to the foregoing, you must not: 

• Establish a link from any website that is not owned by you. 

• Cause the Website or portions of it to be displayed, or appear to be displayed by,  for example, framing, deep linking or in-line linking, on any other site. 

• Link to any part of the Website other than the homepage. 

• Otherwise take any action with respect to the materials on this Website that is  inconsistent with any other provision of these Terms of Use. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately  to cease. We reserve the right to withdraw linking permission without notice. 

We may disable all or any social media features and any links at any time without notice  in our discretion. 

Links from the Website 

If the Website contains links to other sites and resources provided by third parties, these  links are provided for your convenience only. This includes links contained in  advertisements, including banner advertisements and sponsored links. We have no control  over the contents of those sites or resources, and accept no responsibility for them or for  any loss or damage that may arise from your use of them. If you decide to access any of  the third party websites linked to this Website, you do so entirely at your own risk and  subject to the terms and conditions of use for such websites.

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Geographic Restrictions 

The owner of the Website is based in the State of Utah in the United States. We provide  this Website for use only by persons located in the United States. We make no claims that  the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries. If you  access the Website from outside the United States, you do so on your own initiative and  are responsible for compliance with local laws. 

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for  downloading from the internet or the Website will be free of viruses or other destructive  code. You are responsible for implementing sufficient procedures and checkpoints to  satisfy your particular requirements for anti-virus protection and accuracy of data input and  output, and for maintaining a means external to our site for any reconstruction of any lost  data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A  DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER  TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR  COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER  PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY  SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR  DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE  LINKED TO IT. 

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS  OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE,  ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE  WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,  WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE  COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT  TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR  AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING,  NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY  REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY  SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE  ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS  WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT  AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR  THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE  WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

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THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,  WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING  BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE  EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE  COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,  EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES  OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN  CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY  WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER  WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE  OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,  INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT  NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL  DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR  ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,  AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF  CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE  EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnification 

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors  and service providers, and its and their respective officers, directors, employees,  contractors, agents, licensors, suppliers, successors and assigns from and against any  claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including  reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use  or your use of the Website, including, but not limited to, your User Contributions, any use  of the Website's content, services and products other than as expressly authorized in these  Terms of Use, or your use of any information obtained from the Website. 

Governing Law and Jurisdiction 

All matters relating to the Website and these Terms of Use, and any dispute or claim arising  therefrom or related thereto (in each case, including non-contractual disputes or claims),  shall be governed by and construed in accordance with the internal laws of the State of 

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Utah without giving effect to any choice or conflict of law provision or rule (whether of  the State of Utah or any other jurisdiction). 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the  Website shall be instituted exclusively in the federal courts of the United States or the  courts of the State of Utah, in each case located in the City of Salt Lake City and County  of Salt Lake County, although we retain the right to bring any suit, action or proceeding  against you for breach of these Terms of Use in your country of residence or any other  relevant country. You waive any and all objections to the exercise of jurisdiction over you  by such courts and to venue in such courts. 

Arbitration 

At Company's sole discretion, it may require You to submit any disputes arising from these  Terms of Use or use of the Website, including disputes arising from or concerning their  interpretation, violation, invalidity, non-performance, or termination, to final and binding  arbitration under the Rules of Arbitration of the American Arbitration Association applying  Utah law. 

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR  RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE  COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION  ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS  PERMANENTLY BARRED. 

Waiver and Severability 

No waiver of by the Company of any term or condition set forth in these Terms of Use  shall be deemed a further or continuing waiver of such term or condition or a waiver of any  other term or condition, and any failure of the Company to assert a right or provision under  these Terms of Use shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent  jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be  eliminated or limited to the minimum extent such that the remaining provisions of the  Terms of Use will continue in full force and effect. 

Entire Agreement 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between  you and Timber Realty & Remodel with respect to the Website and supersede all prior and  contemporaneous understandings, agreements, representations and warranties, both written  and oral, with respect to the Website.

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Your Comments and Concerns 

This website is operated by Timber Realty & Remodel in South Jordan, Utah 84095. 

Feedback, comments, requests for technical support and other communications relating to  the Website should be directed to: sales@timberuthomes.com .

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