Services and Conditions of Use

Welcome to Pallet Enterprise, an online magazine and industry community owned by Industrial Reporting Inc (IRI). From this point on, all information and services on the Pallet Enterprise site will be referred to as “Content.” As part of our service IRI agrees to provide you with articles, story archives, information directories, bulletin boards, links and other electronic services that IRI may decide to offer, subject to the terms of this Agreement. All Content on this site is provided as a courtesy to others. Any person accessing this site agrees to use IRI services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as “Visitor” from time to time in this Agreement.

Rules For Online Conduct for IRI Bulletin Boards

By using any IRI bulletin board, you agree that you will not post messages with any of the following material (“postings”):

Statements that are bigoted, hateful or racially offensive.

Unauthorized copyrighted material.

Material that contains vulgar, obscene or indecent language or images.

For sale advertising or any form of commercial solicitation.

Material that does not pertain to the room or bulletin board’s given topic.

Unauthorized impersonation of any person or entity, including, but not limited to, an IRI employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Messages that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.

Statements or postings that violate the above terms may be deleted from postings upon discovery based upon IRI’s Web site guidelines. As a Visitor and bulletin board poster, you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via IRI’s bulletin boards. If you post any original content to this site, by electronic mail or otherwise, IRI will treat it as non-confidential and non-proprietary to you. IRI does not control the Content posted via the bulletin boards and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the bulletin boards, you may be exposed to Content that is offensive, indecent or objectionable.

Due to the high traffic volumes and size of the site, it is impossible for IRI to screen the Content or identify everything that might violate the rights of others or be objectionable to some visitors. You acknowledge that IRI does not pre-screen Content, but that IRI and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit or move any Content that is available via this Web site. IRI and its designees shall have the right to delete, move or edit any Content that violates IRI’s guidelines or its designees find otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content including, any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that IRI may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce IRI’s policies, respond to claims that any Content violates the rights of third-parties, or protect IRI’s rights and property.

If you detect any posting on any bulletin board on this site that violates the above policies or your rights, please notify IRI’s Web Site Coordinator. IRI’s staff will investigate all complaints and take the appropriate action once we have received the following:

• Electronic or physical signature of the person authorized to act on behalf of the party claiming injury;
• A description of Content that you claim has violated your rights or injured you; A description of where the Content is located on the site (Please provide a specific URL or message name and date);
• Your contact information including address and phone number;
• A statement by you that you have a good faith belief that the Content violates our policies or your rights. Detail the charges and the specific proof and/or documentation that you can provide to back up your allegations;
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate.

IRI’s New Media Coordinator handles any disputes arising from IRI’s Web site. He can be reached by e-mail to chaille@ireporting.com, by calling 804/550-0323 or by writing to:

• Chaille M. Brindley
• Industrial Reporting Inc.
• 10244 Timber Ridge Drive
• Ashland, VA 23005

Site Monitoring

IRI shall have the right, but not the obligation, to monitor the Content of this site, including classified ads, buyer’s guides, ZIP service and bulletin boards, to determine compliance with this Agreement and any operating rules established by IRI. IRI shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this site.

Changing Terms

IRI shall have the right at any time to change or discontinue any aspect or feature of this site, including, but not limited to, Content, hours of availability, and equipment needed for access or use. IRI shall have the right at any time to change or modify the terms and conditions applicable to all site Visitors.

Equipment

Visitors shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this site and all charges related thereto.

Copyright

This site contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, photos, graphics and sound, and the entire contents of this site are copyrighted as a collective work under the United States copyright laws. IRI owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. Visitors may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.

Visitors may make one copy of the Content on this site for their personal, non-commercial use, provided that any material copied remains intact with all copyright notices left attached. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of IRI and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Visitors acknowledge that they do not acquire any ownership rights by downloading copyrighted material.

By posting on a bulletin board, the Visitor does not surrender copyright to their work. However, a Visitor does hereby agree to give IRI an unlimited license to republish anything posted on any IRI Web site bulletin board or any other service offered to the public via this site. Aside from that, the Visitor retains the right to use their words however they see fit and are ultimately held responsible for them. To report any violation of IRI’s copyright/intellectual property policies, see section 10 of this Agreement.

Limitation Of Liability And Warranty

ALL VISITORS AGREE THAT USE OF THE SITE IS ENTIRELY AT THE VISITOR’S OWN RISK. IRI SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE AND ITS CONTENT. SPECIFICALLY, IRI DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT IRI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER. NEITHER IRI NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

Trademarks

Pallet Enterprise, TimberLine, Pallet Profile, Lumber Pages, Recycle Record, PalletBoard, Lumber Pages and Unit Load Management are trademarks of Industrial Reporting Inc. All other trademarks appearing on this site are trademarks of their respective owners.

Links to Third Party Web Sites/Linking to IRI Web Sites

This Web site may provide links to other World Wide Web sites or resources. Because IRI has no control over such sites and resources, you acknowledge and agree that IRI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IRI 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 site or resource.

Visitors may link to the homepages ( www.palletenterprise.com, www.lumberpages.com, www.palletboard.com, www.timberlinemag.com, www.palletprofile.com, or www.recyclerecord.com ) of all IRI sites. However, “deep linking” to specific Content within the sites is not permitted without authorization from IRI. For more information on a copyright or link clearance please call 804/550-0323 or send email to chaille@ireporting.com

Rules Violations/Claims

IRI respects the intellectual property and the rights of others. Site users are required to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please follow the guidelines described below. If you detect any posting on any bulletin board on this site or any other Content on this site that violates IRI’s policies or your rights, please notify IRI’s Web Site Coordinator. IRI’s staff will investigate all complaints and take the appropriate action once we have received information outlined below.

Copyright/Intellectual Property Claims If you believe that Content on this Web site violates your copyright or other intellectual property rights, please provide the following information to initiate an inquiry:

• Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• Description of the copyrighted work or other intellectual property that you claim has been infringed;
• Description of where the material that you claim is infringing is located on the site; Your contact information including address and phone number;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

IRI’s New Media Coordinator handles any disputes arising from IRI’s Web site. He can be reached by e-mail to chaille@ireporting.com, by calling 804/550-0323 or by writing to:

• Chaille M. Brindley
• Industrial Reporting Inc.
• 10244 Timber Ridge Drive
• Ashland, VA 23005

Other Claims –

All other claims of Content or postings that violated IRI’s policies or a third party’s rights require the following notification process. IRI’s staff will investigate all complaints and take the appropriate action once we have received the following:

• Electronic or physical signature of the person authorized to act on behalf of the party claiming injury;
• A description of Content that you claim has violated your rights or injured you;
• A description of where the Content is located on the site (Please provide a specific URL or message name and date);
• Your contact information including address and phone number;
• A statement by you that you have a good faith belief that the Content violates our policies or your rights. Detail the charges and the specific proof and/or documentation that you can provide to back up your allegations;
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate.

IRI’s New Media Coordinator handles any disputes arising from IRI’s Web site. He can be reached by e-mail to chaille@ireporting.com, by calling 804/550-0323 or by writing to:

• Chaille M. Brindley
• Industrial Reporting Inc.
• 10244 Timber Ridge Drive
• Ashland, VA 23005

Public Forums

This site makes forums and message boards available to its Visitors. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

User Privacy

IRI respects your concerns about how we may gather and/or use personal information, and want to protect your privacy. When you initially access the Web site, and on occasions when you access the Web site thereafter, we may collect certain data in addition to the data collected during registration for bulletin boards, buyers’ guides and other services. The Privacy Policy will govern how we may collect and use this data. By using this Web site, you evidence your agreement with, and understanding of, the Privacy Policy accessible on our Web Site.

Indemnification

Visitors agree to indemnify and hold IRI, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the site, including also your use of the site to provide a link to another site or to upload content or other information to the site.

Choice of Law

This Agreement shall be construed and controlled by the laws of the Commonwealth of Virginia. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the Commonwealth of Virginia. Visitors agree to personal jurisdiction by the state and federal courts sitting in the Commonwealth of Virginia.

Acceptance of Terms

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between IRI representatives and any Visitor. IRI may amend or modify this Agreement or impose new conditions at any time. Any amendments will be posted on IRI Web sites and can be obtained by contacting IRI.

Any use of the Content on this site by a Visitor after public notice on IRI sites shall be deemed to constitute acceptance by the Visitor of such amendments, modifications or new conditions.

If any provision in this Agreement is invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect.