TERMS OF SERVICE

Last Updated: March 10, 2023

This is a legally binding agreement. Please read these terms and conditions carefully. By clicking the button during the Registration to accept this Agreement, you represent that you are the age of majority and have the full legal authority to enter this agreement on behalf of the party identified in the registration process and, in that capacity, you acknowledge such party’s agreement to be bound by the terms and conditions set forth or referenced below. If you do not agree to these terms and conditions, do not register for the application or use the website.

This Terms of Service Agreement (the “Agreement”) apply to your use of the TMBR.market mobile application (“App”) and website (https://tmbr.market) (“Site”) (together with any associated software applications, database structures and queries, interfaces, tools, and the like), as revised, modified, and updated from time to time, and is between TMBR.market (“TMBR,” “we,” “us,” and “our”) and the party (“you,” “your”) indicated during the account registration process (such process and the information provided during such process, as amended from time to time through your login to your account in the App or Site in accordance with this Agreement, the “Registration”). The Registration and the terms of TMBR’s Privacy Policy are incorporated herein and made a part of this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OR ACCESSING THE APP OR SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHALL NOT USE OR ACCESS THE APP OR SITE.

  1. Registration. You represent that the information indicated in the Registration is true and complete, and you agree to update the Registration upon any changes to such information.
  2. Eligibility. YOU MAY ONLY CREATE AND HOLD ONE ACCOUNT FOR THE APP AND THE SITE AND OUR SERVICES FOR YOUR PERSONAL USE. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OR ACCESS THE SITE. IF YOU ARE A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE, YOU MUST HAVE THE PERMISSION OF, AND BE DIRECTLY SUPERVISED BY, YOUR PARENT OR LEGAL GUARDIAN TO USE OR ACCESS THE SITE, AND YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE TO THESE TERMS OF USE PRIOR TO YOUR USING THE SITE. NOTWITHSTANDING THE FOREGOING, YOU ARE NOT AUTHORIZED TO USE THE SITE IF YOU ARE UNDER THE AGE OF 13.
  3. App and Site Ownership and Intellectual Property.
    • The App and Site as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all information, products, and services offered by us to you in connection with the App and Site (collectively, the “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The App, the Site, and the Content are the property of us and/or the applicable third-party licensors, and all right, title, and interest in and to the App, the Site, and the Content will remain with us or such third-party licensors. Our logos, page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of us. All other products, names, and company logos mentioned on the App, the Site, or in the Content are trademarks of their respective owners. Any third-party code that may be incorporated in the App or the Site is covered by the applicable open source or third-party license, if any, authorizing use of such code.
    • Subject to the terms and conditions of this Agreement, TMBR grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to use the App and the Site for your lawful, personal, informational, and other non-commercial use. You do not acquire ownership rights to the App, the Site, or any Content, other than those rights in the materials that you submit to us or otherwise enter through the App or the Site, if any, that you may have or any rights that we may specifically grant you in writing, such as the limited license to use the App and the Site, as further described herein. This Agreement does not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of TMBR or the respective intellectual property owners. You will abide by any and all additional copyright notices, information, or restrictions contained in the App, the Site, or any Content. TMBR reserves for itself and its licensors any rights not expressly granted in this Agreement.
      • You acknowledge that we may issue updated versions of the App and that the updated version may be automatically deployed to your device. You consent to such automatic upgrading on your device and agree to timely upgrade the App in the event there is no automatic update. You further agree that the terms and conditions of this Agreement will apply to all updates to and versions of the App and the Site.
    • TMBR respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the App or the Site infringes your copyright, you may request removal of those materials (or access to them) from the App and the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: TMBR.market, 100 Vision Drive, Ste 400, Jackson, MS 39211, Attn: DMCA Agent, David Webb. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. TMBR has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
  4. General Terms and Disclaimers Regarding Services.
    • Description of Service. TMBR allows you to subscribe, track, and monitor real-time market data regarding forestry resources and certain properties owned by or of interest to you. As more fully set forth herein, you understand and agree that the App and the Site are provided “AS-IS” and that TMBR assumes no responsibility for the timeliness, efficiency, effectiveness, deletion, mis-delivery, or failure of any communication or services provided.
    • Risk. Valuation and estimation of the worth of tangible property, including forestry, and the financial decisions made in connection therewith, is risky. You can lose money. Past or real-time valuations of market data is not necessarily indicative of future results as valuations can fluctuate and, as a result, you may lose more than your original investment. TMBR is not a registered forestry service, registered forester, investment advisor, or broker-dealer and does not provide financial or investment advice. You are responsible for any decisions made in connection with the use of the App and the Site.
    • No Guarantee of Results of Services. Neither the App, the Site, nor the Content is intended to be the sole or primary means of making decisions for any purpose. As set forth more fully herein, TMBR is not responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the App or the Site, and TMBR shall not be responsible or liable for any decisions made based on such information.
  5. Your Responsibilities and Restrictions.
    • To use the App and the Site, you must have a compatible device, and we do not warrant that the App or the Site will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the App and the Site. Use of the App and the Site requires Internet access and/or mobile data, which may be subject to additional fees or charges. You will be responsible for all fees and charges incurred with respect to accessing to the App and the Site.
    • You shall maintain and cause to be maintained the strict confidentiality of your user ID and password. You may not provide your account information to anyone else or allow anyone else to login to the App or the Site using your account information. You may not permit any other individual or company to use, access, or view the App or the Site. You are responsible for all action conducted during a login to your account on the App or the Site, whether or not authorized by you. You agree to immediately notify TMBR of any unauthorized use of your account. If you are no longer authorized to have access to the App or the Site, you may not use the user ID and password. Except as otherwise required by applicable law, TMBR shall have no obligation to monitor for or report any use or attempted use of your user ID. TMBR reserves the right to refuse registration of or cancel passwords it deems inappropriate.
    • You shall not do, nor shall you authorize any person or entity to do, any of the following: (i) use the App or the Site for any purpose or in any manner not specifically authorized by this Agreement; (ii) make any copies or prints, or otherwise reproduce or print, any portion of the App or the Site, whether in printed or electronic format; (iii) distribute, republish, download, display, post, or transmit any portion of the App or the Site; (iv) create or recreate the source code for, or re-engineer, reverse engineer, decompile, or disassemble the App or the Site or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the App, the Site, or any software, documentation or data related to the App or the Site; (v) modify, adapt, translate, or create derivative works from or based upon any part of the App or the Site, or combine or merge any part of the foregoing with or into any other software, document, or work; (vi) refer to or otherwise use any part of the App or the Site as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those provided by us; (vii) remove, erase, or tamper with any copyright, logo, or other proprietary or trademark notice printed or stamped on, affixed to, or encoded or recorded in the App or the Site, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing; (viii) fail to preserve all copyright and other proprietary notices in any copy of any portion of the App or the Site made by you or on your behalf; (ix) sell, market, license, sublicense, distribute, rent, loan, or otherwise grant to any third party any right to possess or utilize any portion of the App or the Site without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such other covenants and warranties as we, in our sole discretion, deem desirable); (x) use the App or the Site to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under this Agreement; (xi) use the App or the Site to store, receive, or distribute any information in violation of any applicable law or otherwise use the App or the Site to break or violate any applicable law, regulation, ordinance or guideline; (xii) diminish or infringe any intellectual property rights in and to the App or the Site or impair or interfere with any copyright protection mechanisms, copyright management information systems or digital identification devices employed in association with the foregoing; (xiii) cause the App or the Site to defame or infringe the rights of any other person, including intellectual property rights (for example, any patent, trademark, trade secret, copyright, or other proprietary rights) or rights of publicity or privacy; (xiv); promote, condone, or incite violence, dangerous acts, discrimination against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, political affiliation, or sexual orientation/gender identity or any other protected characteristic, or threaten, harass, or bully any person or collect, store, receive, process, use, disclose, manipulate, track, or distribute any content or data that does any of the foregoing or is pornographic or obscene; (xv) impersonate any person or entity or generate fraudulent impressions of or fraudulent clicks on ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (xvi) act in a manner that is illegal, discriminatory, derogatory, hateful, abusive, racist, fraudulent, defamatory, libelous, obscene, unlawful, harassing, violent, or threatening; (xvii) collect, store, receive, process, use, disclose, manipulate, track or distribute any computer viruses, worms, trojan horses, back door, trap door, time bombs, malware, or other malicious code; (xviii) use any device, software, methodology, or routine to interfere with or disrupt the App or the Site or the servers or networks connected to the App or the Site by trespass or burdening network capacity; (xix) harvest, access, or collect information about other TMBR users or customers; (xx) restrict or inhibit any other person from using the App or the Site, including without limitation by means of “hacking” or defacing any portion thereof; (xxi) “frame” or “mirror” any portion of the App or the Site including, but not limited to, any data or information contained therein; (xxii) use any robot, spider, other automatic device, or manual process, to “screen scrape,” monitor, “mine,” or copy any portion of the App or the Site; (xxiii) process data on behalf of any third party; or (xiv) attempt to do or assist any party in attempting to do any of the foregoing. Although TMBR has no obligation to monitor use of the App or the Site, we may do so and may prohibit any use that we believe may be (or is alleged to be) in violation of applicable laws or regulations or this Agreement.
    • You may suggest improvements and/or communicate to TMBR ideas, inventions, discoveries, or concepts (“Ideas”) during the Term of this Agreement, and you and us may discover or create the Ideas jointly. You agree that any such Idea shall be and remain solely the property of TMBR and/or its licensors and may be used and sold, licensed, or otherwise provided by TMBR and/or its licensors to third parties, or published or otherwise publicly disclosed, in TMBR’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to TMBR any and all of your right, title, and interest in and to any such Ideas.
    • The App may allow you to rate and post reviews and further post other information on the App or the Site (collectively, “Feedback”). All Feedback is solely the responsibility of you and/or the person from whom such content originated. You hereby agree that through such Feedback, you will not impersonate any person, or submit any Feedback that is false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under this Agreement. By posting any Feedback, you represent and warrant that you have the right to submit such Feedback, that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to submit the Feedback, or that you have express, verifiable permission from the author of the work prior to submitting the Feedback. If you submit such Feedback in any public area of the App or the Site, you also permit any user to access, display, and view such Feedback. You agree to evaluate and bear all risk associated with the use of the Feedback. Under no circumstances will you hold TMBR liable for such Feedback. You further acknowledge that TMBR has no affirmative obligation to screen, review, or pre-approve such Feedback, communications, or information in advance of said Feedback, communications, or information prior to your submission of such Feedback. Feedback is not endorsed by TMBR, and do not represent the views of TMBR or of any affiliate or partner of TMBR. TMBR does not assume liability for any Losses (as defined below) resulting from any Feedback. Any of the Feedback that we determine violate this Agreement may be removed or excluded by us without notice.
    • You acknowledge and agree that you may be exposed to third-party content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose. TMBR is not responsible for, and you hereby expressly release TMBR, its affiliates, and their respective directors, officers, employees, and agents from any and all liability for the action of any and all third parties on the App or the Site.
    • You agree that you will use the App and the Site only in a manner that complies with all applicable laws and that your use of the App and the Site is subject to all applicable laws and regulations. You further agree to access the App and the Site only from within the United States, Mexico, or Canada. Neither the App nor the Site may be exported or re-exported to certain countries, or those persons or entities prohibited from receiving exports from the United States. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • You agree to indemnify, defend, and hold harmless TMBR, its licensors, their affiliates, and their respective officers, directors, employees, and agents from any Loss arising out of or related to use of the App or the Site or any services received thereunder. This obligation will survive your use of the App and the Site and termination of this Agreement. For purposes of this Agreement, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, expert witness fees, settlement, judgment, interest, and penalties).
  6. Third Party Ownership and Proprietary Rights
    • Apple Required Terms. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and TMBR only, not with Apple. We, not Apple, are responsible for the App and the content of it. The license granted to you in this Agreement is for use on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. If you need any support with respect to the App, please contact us. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
  7. Additional Terms Relevant to Google, Inc. This Agreement constitutes a license agreement in lieu of any license grant provided by Google to use the App on a supported device. A “supported device” is a combination of a mobile device running android software and an android software version(s) that is supported by the App. This Agreement is made between you and TMBR only, and not with Google. TMBR is solely responsible for the App.

The Google Play Marketplace is owned and operated by Google, Inc. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at https://www.google.com/accounts/tos) and the Google Play Terms of Service (found at https://play.google.com/intl/en-us_us/about/play-terms.html and together with the Google Terms of Service called the “Terms”). The Google Play Terms of Service and the Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.

TMBR is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the App. Support requests, as well as questions, complaints or claims regarding the App, may be directed to support@tmbr.market.

To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

Google shall not be responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the A[[ fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.

Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the App or your possession and use thereof infringes a third party’s intellectual property rights.

You represent and warrant that (i) the service(s) will not be downloaded or used in, or transported to, a country that is subject to a United States government embargo or has been designated by the united states government as a “terrorist-supporting” country, and (ii) you are not listed on any united states government list of prohibited or restricted parties.

For the improvement of Google Play, Google may collect certain usage statistics from Google Play and your supported device, including but not limited to, information on how Google Play and your supported device are being used. The data collected is examined in the aggregate to improve Google Plan for users and developers and is maintained in accordance with Google’s Privacy Policy. We can neither control nor are responsible for the privacy practices of Google. To ensure the improvement of the App, limited aggregate data may be available from Google to TMBR upon TMBR’s written request.

Removal of App. TMBR or Google may, at any time and without notice, restrict, interrupt or prevent use of the App, or delete the App from your supported device, without entitling you to any refund, credit or other compensation from TMBR or any third party (including, but not limited to, Google or your network connectivity provider).

You acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to the App.

  1. Usage Data; Your Data; Communications.
    • TMBR shall have the right to collect and analyze data and other information relating to the provision, use and performance of the App and the Site and related systems and technologies (“Usage Data”) in accordance with the Privacy Policy, and you acknowledge and agree that TMBR has and retains exclusive and valid ownership of all Usage Data in accordance with the terms and conditions of the Privacy Policy. TMBR will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the App and the Site and for other development, diagnostic and corrective purposes in connection with the App, the Site and other service offerings, (ii) disclose such data in aggregated or de-identified form in connection with its business, and (iii) otherwise use and disclose such data as permitted by applicable law and set forth in our Privacy Policy.
    • You grant to TMBR a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to, during and after the term hereof, use, copy, encode, store, archive, distribute, transmit, translate, render into an audible and/or visual format, publicly-display, publicly-perform, and create derivative works from any information, content, materials, or other data, including information provided during Registration and any reviews, ratings, comments, or other data or content that you provide to us via the App or the Site (collectively, “Data”): (i) to the extent necessary for TMBR to provide the App, the Site, perform our obligations under this Agreement, or perform our services; and (ii) in connection with the presentation, marketing, advertising, and/or promotion of the App or the Site or to attribute ratings or content to you; (iii) to compile analyses and statistical information from Data regarding usage or performance of the App, the Site, and user engagement; (iv) provide, monitor, correct, enhance, and improve the App and the Site and to perform services related thereto; (v) develop new products and accomplish other internal business purposes; (vi) de-identify Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data; (vii) aggregate Data with other data; (viii) in perpetuity to use, reproduce, prepare derivative works of, and distribute such aggregated or de-identified data for any lawful purpose and to grant sublicenses for the foregoing; and (ix) for any other purpose as set forth in the Privacy Policy. You represent and warrant that you own or have the legal right and authority and will continue to own or maintain the legal right and authority, to grant to TMBR the license set forth herein. You are responsible for all of your Data, and you represent and warrant that your Data will not violate the terms of this Agreement. If any of your Data violates this Agreement, or is inappropriate in our judgment, we reserve the right, in our sole discretion and without notice to you, (i) to change, delete or remove, in part or in full, any of your Data, (ii) to terminate or suspend access to the App and/or the Site, and/or (iii) to terminate or suspend your account, in each case, with or without notice. TMBR will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with your Data. You shall indemnify, defend, and hold harmless TMBR, its affiliates, and their respective directors, officers, employees, and agents from and against any Loss arising from or related to a claim of a third party with respect to a breach of the foregoing representations and warranties. TMBR will only use and disclose personal information as described in the Privacy Policy or required by law.
    • BY PROVIDING YOUR DATA VIA THE REGISTRATION, THE APP AND THE SITE, YOU AUTHORIZE TMBR, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, AND CONTRACTORS (INCLUDING A CALL CENTER) TO INITIATE ELECTRONIC COMMUNICATIONS BY E-MAIL, TELEPHONE CALLS TO NUMBERS (INCLUDING TO CELLULAR PHONE) THAT ARE PROVIDED THROUGH THE APP OR THE SITE OR AS PART OF THE REGISTRATION, TEXT MESSAGES (SMS OR MMS) TO CELLULAR PHONE NUMBERS THAT ARE PROVIDED THROUGH THE APP OR THE SITE OR AS PART OF THE REGISTRATION, AND PUSH NOTIFICATIONS TO PROVIDE ORDER UPDATES OR OTHER PURPOSES RELATED TO THE APP, THE SITE, AND THE SERVICES PROVIDED BY TMBR. YOUR TELEPHONE CARRIER MAY CHARGE FOR THESE INCOMING CALLS OR MESSAGES. YOU CONSENT TO SUCH COMMUNICATIONS, WHICH MAY OCCUR BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM. TELEPHONE CALLS MAY BE RECORDED. STANDARD DATA AND MESSAGE RATES MAY APPLY FOR SMS AND MMS ALERTS, WHETHER YOU SEND OR RECEIVE SUCH MESSAGES, AND YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH CHARGES. DO NOT SUBMIT YOUR INFORMATION IF YOU DO NOT CONSENT TO BEING CONTACTED BY TELEPHONE, TEXT, OR EMAIL. YOU CAN OPT OUT OF RECEIVING PUSH NOTIFICATIONS THROUGH YOUR DEVICE SETTINGS. PLEASE NOTE THAT OPTING OUT OF RECEIVING PUSH NOTIFICATIONS MAY IMPACT YOUR USE OF THE APP.
    • If you have questions about the information presented on the App or the Site, please contact us using the information provided in “Contact Us” at the end of this Agreement.
  2. Privacy Policy. You acknowledge and agree that you have read and understood TMBR’s Privacy Policy, which is available at www.tmbr.market/tmbr-market-terms, and you consent to and authorize the processing, use, and disclosure of personal information as set forth therein.
  3. Security Measures.
    • TMBR will apply commercially reasonable measures to protect the security of nonpublic personal information and other data essential for use of the App and/or Site, such as information you upload or enter when using the App and the Site. You shall protect the confidentiality and security of your credentials, and you shall not allow any person to have access to or to use your credentials.
    • TMBR is entitled (but not required) to apply security measures to protect the App and the Site and the Content, and TMBR may block users (or IP addresses) identified or suspected as being used to access the App and the Site (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the App or the Site.
    • You shall immediately notify TMBR of any activity on the App or the Site suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the App or the Site.
    • You shall immediately notify TMBR of any security breach involving the App or the Site of which you become aware, including any loss of nonpublic personal information and any incident where nonpublic personal information relating to you becomes available to unauthorized persons through the App or the Site.
  4. No Warranties; Risk Allocation; Limitation of Liability.
    • THE APP, THE SITE, AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP AND THE SITE. TMBR, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, STATUTORY OR ORAL OR WRITTEN) WITH RESPECT TO THE APP , THE SITE, OR ANY PART OF EITHER THE APP OR THE SITE AND ANY SERVICES PROVIDED BY TMBR, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUALITY (INCLUDING, WITHOUT LIMITATION, AS TO THE SEQUENCE, COMPLETENESS, TIMELINESS, ADEQUACY, ACCURACY, QUALITY, TRUTH, AND/OR RELIABILITY OF THE INFORMATION), OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT TMBR KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. TMBR EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU. TMBR DOES NOT WARRANT THAT THE APP, THE SITE, OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
    • TMBR MAKES NO WARRANTY THAT (i) THE APP OR THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE APP AND THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. YOU WILL BE EXCLUSIVELY RESPONSIBLE AS BETWEEN THE PARTIES FOR, AND TMBR MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO, (A) DETERMINING WHETHER THE APP OR THE SITE OR THE SERVICES PROVIDED IN CONNECTION THEREWITH WILL ACHIEVE THE RESULTS DESIRED BY YOU; (B) ENSURING THE ACCURACY OF ANY OF DATA CONTAINED ON EITHER THE APP OR THE SITE OR OTHERWISE PROVIDED BY TMBR; (C) SELECTING, PROCURING, INSTALLING, OPERATING, AND MAINTAINING THE TECHNICAL INFRASTRUCTURE (OTHER THAN WITH RESPECT TO THE HOSTING SERVICES) FOR YOUR ACCESS TO AND USE OF THE APP OR THE SITE; AND (D) DECISIONS MADE, ACTIONS TAKEN, AND RESULTS EXPERIENCED WITH RESPECT TO USE OF THE APP OR THE SITE.
    • ALL CONTENT PROVIDED BY OR THROUGH TMBR AND ITS AFFILIATES AND THE APP MUST BE VIEWED AND EVALUATED BY YOU TO ENSURE IT IS SUITABLE FOR YOUR PURPOSE. TMBR ENDEAVORS TO KEEP ALL CONTENT COMPLETE AND ACCURATE, BUT TMBR IS NOT A REGISTERED FORESTER AND DOES NOT WARRANT ALL CONTENT TO BE FREE OF ERRORS OR THE MOST CURRENT VERSION OF APPLICABLE MATERIAL. CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
    • DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, TMBR DOES NOT WARRANT THAT THE APP, THE SITE, OR ANY EQUIPMENT, SYSTEM, OR NETWORK ON WHICH IT IS USED OR ACCESSED, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK THAT RESULTS IN YOUR INABILITY TO USE THE APP, THE SITE, OR SERVICES OR THE UNAUTHORIZED ACCESS OR DISCLOSURE OR COMPROMISE OF YOUR INFORMATION.
    • TMBR CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE APP OR THE SITE OR FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP OR THE SITE 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 THE APP AND THE SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
    • TMBR DOES NOT WARRANT THE OPERATION OR AVAILABILITY OF THE APP OR THE SITE. HARDWARE OR SOFTWARE ISSUES MAY AT TIMES CAUSE THE APP OR THE SITE TO SLOW DOWN OR FAIL TO FUNCTION PROPERLY. TMBR IS NOT LIABLE FOR ANY CONSEQUENCES OF THE APP OR THE SITE NOT BEING FULLY OPERATIONAL OR AVAILABLE AND SHALL BE HELD HARMLESS FROM ANY CLAIMS OR DISPUTES ARISING FROM SUCH INOPERABILITY OR UNAVAILABILITY. YOU ACKNOWLEDGE THAT ANY DAMAGES RESULTING FROM LACK OF OPERABILITY OR AVAILABILITY ARE BORN SOLELY BY YOU
    • EXCLUSION OF CERTAIN DAMAGES. NEITHER TMBR NOR ITS LICENSORS OR VENDORS SHALL BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (v) COST OF REPLACEMENT GOODS OR SERVICES OR (vi) CLAIMS FROM THIRD PARTIES, IN EACH CASE REGARDLESS OF WHETHER TMBR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
    • MAXIMUM AGGREGATE LIABILITY. IN NO EVENT SHALL TMBR’S OR ITS LICENSORS’ AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE APP, THE SITE, AND SERVICES PROVIDED IN CONNECTION THEREWITH), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $50. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
    • FINANCIAL, LEGAL, AND OTHER PROFESSIONAL ADVICE. NOTHING PROVIDED THROUGH OR CONTAINED IN OR ON THE APP OR THE SITE, NOR ANY PORTION THEREOF, SHALL CONSTITUTE ACTUAL LEGAL, TAX, ACCOUNTING, FINANCIAL, FORESTRY VALUATION, INVESTMENT, REGULATORY OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY TMBR, ITS AFFILIATES, OR ANY CONTENT PROVIDER. IF LEGAL, FINANCIAL, INVESTMENT, FORESTRY VALUATION, OR OTHER PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS, LEGAL, FINANCIAL, OR TAX OPINIONS, RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE APP OR THE SITE, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON CONTENT, OR INCORPORATING OR REFERENCING THE CONTENT. NONE OF THE SERVICES OR CONTENT SHALL CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER, OPINION, BY TMBR (ITS AFFILIATES OR ANY CONTENT PROVIDER) FOR ANY FINANCIAL TRANSACTION, THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, FORESTRY, OR ANY KIND OF INVESTMENT.
    • YOU ARE AWARE THAT THE USE OF THE APP AND/OR THE SITE DOES NOT CONSTITUTE ANY FORM OF SPECIFIC ADVICE OR RECOMMENDATION REGARDING SPECIFIC SOLUTIONS, INVESTMENTS OR TRANSACTIONS BY TMBR. ANY ARRANGEMENTS BETWEEN YOU AND ANY THIRD PARTY IS AN AGREEMENT BETWEEN YOU AND SUCH THIRD PARTY AND IS MADE AT YOUR SOLE RISK AND RESPONSIBILITY. TMBR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PAYMENTS MADE BETWEEN YOU AND ANY THIRD PARTY DUE TO OR IN CONNECTION WITH YOUR USE OF THE APP OR THE SITE. TMBR ASSUMES NO RESPONSIBILITY OR LIABILITY IN RELATION TO THAT ANY INTENDED RESULTS OR SPECIFIC ACHIEVEMENTS OR GOALS ARE MET. YOU ARE AWARE THAT TMBR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE QUALITY OR CONDITION OF ANY PRODUCT AND/OR SERVICE THAT ARE SUBJECT OF THE TRANSACTIONS MADE IN CONNECTION WITH OR THROUGH THE APP OR THE SITE. IN NO CIRCUMSTANCES SHALL TMBR BE DEEMED TO BE A PARTY OF ANY AGREEMENT OR CONTRACT MADE BETWEEN YOU AND ANY THIRD PARTY AS A RESULT OF OR IN CONNECTION WITH THE USE OF THE APP OR THE SITE. FURTHER, TMBR SHALL NOT HAVE ANY LIABILITY FOR NEITHER THE APPLICABILITY OR SUSTAINABILITY OF ANY SUCH TERMS IN ANY AGREEMENTS, DOCUMENTS AND/OR INFORMATION IN DOCUMENTS GENERATED BY YOU IN ANY SITUATION AND/OR IN RELATION TO ANY JURISDICTION OR OTHERWISE, NOR IN ANY OTHER WAY IN RELATION TO DOCUMENTS, AGREEMENTS, CONTRACTS AND THE CONTENT OF SUCH AGREEMENTS, CONTRACTS AND DOCUMENTS AS GENERATED BY YOU IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP OR THE SITE.
    • THE INFORMATION PRESENTED ON OR THROUGH THE APP AND THE SITE IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE USE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON THE APP AND THE SITE AND THE INFORMATION CONTAINED THEREON IS SUBJECT TO CHANGE WITHOUT NOTICE. TMBR RELIES UPON MULTIPLE SOURCES TO PROVIDE REAL-TIME MARKET DATA. TMBR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION (INCLUDING ANY PRODUCT, SERVICE, DESCRIPTION, PHOTOGRAPH, PRICING, VALUATION, ESTIMATION, OR OTHER INFORMATION). ANY RELIANCE PLACED ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. TMBR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION, INCLUDING VALUATION AND ESTIMATION INFORMATION, BY YOU OR ANY OTHER USER OF THE APP OR THE SITE.
    • NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TMBR SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT OF OR RELATING TO (A) A FAILURE OF YOU TO COMPLY WITH THE OBLIGATIONS SET FORTH IN THIS AGREEMENT; (B) YOUR USE OF THE APP OR THE SITE; (C) YOUR RELIANCE ON THE APP, THE SITE, OR YOUR DATA; (D) ANY ASPECT OF THE APP OR THE SITE THAT IS MODIFIED BY ANY PERSON OTHER THAN TMBR OR ITS AUTHORIZED CONTRACTORS OR REPRESENTATIVES; (E) MALFUNCTIONS OR OTHER EFFECTS OF PROBLEMS, DEFECTS, OR FAILURES OF SOFTWARE OR HARDWARE NOT PROVIDED BY TMBR; OR (F) ACTS OR OMISSIONS OF USER OR ANY THIRD PARTY.
    • YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE APP AND THE SITE.
    • RELEASE BY CALIFORNIA RESIDENTS. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST TMBR.
    • THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  5. Not Intended for Users Outside The United States, Mexico, or Canada. The owner of the Site is based in the State of Mississippi in the United States. The availability of products and services described on the App or the Site, as well as associated fees, charges, interest rates, and balance requirements may differ among geographic locations. We make no representation that either the App or the Site is appropriate or available for use outside of the United States, Mexico, and Canada and, whenever possible, has prohibited the use of certain features by anyone located outside of these geographic locations. The information provided on the App and the Site is not intended for distribution to, or use by, any person or entity outside of the United States, Mexico, and Canada or in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us or our affiliates, employees, directors, officers or agents to any registration requirement within such jurisdiction or country. If you use or access the App or the Site outside of the United States, Mexico, or Canada, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as this Agreement.
  6. Indemnification. You shall defend, indemnify, and hold harmless TMBR, and its affiliates, and each of their respective managers, members, officers, employees, officers, directors and agents for all Losses arising from any claims, actions, demands, liabilities, damages, judgments, awards, losses, obligations, costs, expenses, or fees (including reasonable attorneys’ fees), arising out of or relating to (a) your use of the App or the Site or any of the services provided through the App or the Site; (b) any breach of this Agreement by you, (c) any violation of the rights of a third party, including any third party’s intellectual property rights, by you, or (d) otherwise in connection with your use of the App and/or the Site, including without limitation, claims by users, actions or demands alleging or resulting in your breach of the terms of this Agreement, actions involving your Data or other material you provide, and the use of your access credentials. TMBR shall provide notice to you promptly of any claim, suit, or proceeding. You shall cooperate as fully as reasonably required in the defense of any claim. TMBR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without TMBR’s express written consent. This defense and indemnification obligation will survive your use of the App and the Site and any termination of this Agreement.
  7. Links from the App or the Site; Third Parties.
    • The App or the Site may contain links to other Internet sites that our partners and other third parties. These links are provided for your convenience only. Your use of those sites is subject to the terms of use, if any, that each of those sites have posted. We have not reviewed all the sites linked to the App or the Site, and we are not responsible for any changes to or content on them. We have no control over the content of those sites or resources, and we 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 the App or the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Our inclusion of any content is not an endorsement of that material or linked site or the companies that own or operate the material or linked sites.
    • The App and the Site may also include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. 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.
  8. Term and Termination. This Agreement is effective upon your acceptance of it in the course of the Registration (the “Effective Date”), and it shall continue in effect until terminated in accordance with this section (the “Term”). TMBR may terminate this Agreement and the license granted herein at any time with or without notice to you by disabling access to the App and the Site or closing your account. We may, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the App, the Site, or portions thereof, including but not limited to the App’s and the Site’s respective features, look and feel, and functional elements and related services. Upon termination of this Agreement for any reason or no reason, your access rights will terminate, and you must immediately cease all use of the App and the Site. If your account is terminated for any or no reason, you will forfeit any pending, current, or future account credits or promotional offers, and any other forms of unredeemed value in or associated with your account.
  9. Payment and Cancellation of Service
    • Pricing. TMBR may offer free access to the App and/or the Site, including promotional offers, subject to the terms of TMBR’s then-current Price Plans, which are set forth on the Site. TMBR, at its sole discretion, may make promotional offers with different features and different pricing to any of TMBR’s users. These promotional offers, unless made to you, will not apply to your offer or this Agreement. TMBR may change listed prices at any time, including changing from a free service to a paid service and charging for access to or use of the App or the Site that was previously offered free of charge; provided, however, that TMBR will provide you with prior notice and an opportunity to terminate this Agreement if TMBR changes the price of a service to which you are subscribed and will not charge you for a previously free service unless you have been notified of the applicable fees and have affirmatively agreed to pay such fees. If you choose not to continue with any subscription-based model, your access to the App and the Site will be limited (at our discretion).
      • All TMBR subscriptions are billed on a per transaction or recurring monthly basis.
        1. If your subscription is on a per transaction basis, you agree that you are prohibited from listing any more than one (1) listing per transaction.
        2. If your subscription is on a monthly basis, you are required to select your applicable geographical region and you further agree that any access to services provided through the App and the Site shall be limited to that region, unless you choose to add additional regions for additional fees, subject to the terms of TMBR’s then-current Price Plans set forth on the Site.
      • Payment. Use of the Services is subject to timely payment by you for all fees required hereunder and per the terms of TMBR’s then-current Price Plans. Additionally, you shall be responsible for and shall pay to TMBR any applicable fees and/or levies imposed or charged in connection with subscription services accessed through the App and the Site where you are informed of such fees in advance.
      • Method of Payment. Amounts due hereunder shall be paid using the payment methods indicated during Registration or as subsequently established by access to your Registration through the App or the Site and on the same date of each month of the subscription term (as more fully set forth herein). You hereby grant authorization to TMBR and/or the applicable third party payment-processor to charge your selected payment methods. If applicable, you authorize TMBR and/or the applicable third-party payment processor to charge or debit automatically, using your selected payment method, all such amounts. TMBR and/or the applicable third-party payment processor shall charge, and you shall be responsible for, all taxes, tariffs, levies, or duties applicable to your payment, excluding taxes applied against TMBR’s net income. Unless otherwise expressly indicated at the time of purchase, all transactions listed through the App and the Site are denominated in U.S. dollars. You are responsible for: (a) the accuracy of all credit and debit card information or other payment method information that you provide to us; and (b) maintaining the confidentiality and security of your account information, including without limitation with respect to payment methods. You should not disclose your payment information to anyone. If your account information is lost or stolen, anyone who obtains possession of either could utilize the payment methods associated with your account. You are responsible for all transactions on your account, including unauthorized transactions.

You will be automatically billed each month, if applicable, until you manually cancel the subscription. TMBR does not offer refunds, returns, or other credits for any payments, including for partial or unused portions of a subscription, except as otherwise expressly disclosed at the time of purchase, indicated by TMBR in writing, or as may be required under applicable law. If purchasing a subscription from TMBR for the first time, please make sure that the subscription is correct before proceeding. If you change to a different plan, remaining days are converted into an equivalent value of days on the new subscription. TMBR does not offer refunds for any automatic recurring payments. If you have been billed for automatic renewal of the subscription, you may cancel the subscription to avoid billing for the next renewal date. All transactions are void where prohibited by law.

TMBR reserves the right to terminate or suspend access to the App and/or the Site or any related license, subscription, product, or service if you fail to pay any amounts when due. You shall reimburse TMBR for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified herein, all payment obligations with respect to amounts due to TMBR in connection with the App and the Site shall survive the expiration or termination of the Agreement for any reason.

  • Cancellations. You are responsible for canceling your own subscription. However, cancellations may only be submitted to TMBR via methods designated by TMBR; contacting TMBR support via email or phone asking for a subscription to be cancelled is not considered cancellation. You may cancel the subscription at any time by logging into your account and accessing the Billing section of the account. If you cancel the subscription before the renewal date, your service will remain active until the renewal date passes. If no payment is received after the renewal date, your paid subscription will be stopped and moved to a free plan, subject to the terms of TMBR’s then-current Pricing Plans.
  • Third-Party Processors. You acknowledge that TMBR does not store any credit card numbers or payment information, and instead, these are processed through third-party processors. By utilizing these payment processors to gain access to the subscription services on the App or the Site, you agree to indemnify TMBR and assume any and all risk or liability for the security of the payment details and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
  1. Other Provisions.
    • Nothing herein or in or through your use of the App or the Site shall be construed as creating any joint venture, partnership, employment, or agency relationship between you and TMBR.
    • This Agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. You may not assign this agreement or any of the rights or licenses granted under this Agreement. Any attempted sublicense, transfer, or assignment in violation of this Agreement is void.
    • Except as otherwise expressly provided herein, this Agreement, together with any documents expressly referred to herein, including our Privacy Policy, constitutes the sole and entire agreement between you and use with respect to the App and the Site, and they supersede all previously written or oral agreements regarding the App or the Site or the Content. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. Each party represents and warrants that, in entering into and performing its obligations under this Agreement, it does not and will not rely on any promise, inducement, or representation allegedly made by or on behalf of the other party with respect to the subject matter hereof, nor on any course of dealing or custom and usage in the trade, except as such promise, inducement, or representation may be expressly set forth herein.
    • The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.
    • We may modify this Agreement from time to time in our sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review this Agreement from time to time so you are aware of any changes. However, if we make material changes to this Agreement, we will notify you either through the email address you have provided us or by means of a prominent notice on the App and the Site before the change becomes effective. Any changes to this Agreement will be in effect as of the “Last Updated” date referenced at the top of this Agreement. Your continued use of the App or the Site constitutes your binding acceptance to this Agreement, including any changes or modifications that we may make. If any part of this Agreement or any future changes to this Agreement are not acceptable to you, you must not use or access the App or the Site.
    • If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (i) the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (iii) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (iv) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
    • You acknowledge that any breach, threatened or actual, of this Agreement would cause irreparable injury to TMBR not readily quantifiable as money damages, such that TMBR would not have an adequate remedy at law. You therefore agree that TMBR shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of your obligations, without the necessity of posting bond or other security.
    • This Agreement shall be construed and enforced in accordance with the laws of the state of Mississippi (other than its conflicts of law provisions), and the venue for any dispute shall be exclusively in the federal or state courts having jurisdiction over Hinds County, Mississippi. We reserve the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the App and/or the Site from a particular account, device and/or IP address.
    • TMBR shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of it and not due to its own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
    • Except as otherwise expressly provided herein, no modification or amendment to this Agreement will be valid or binding unless in writing and duly executed by the party or parties to be bound thereby including by clicking a button when presented to accept such amendment.
    • The covenants herein concerning indemnification, post-termination procedures, and any other provision that, by its nature, is intended to survive this agreement shall survive any termination or expiration of this Agreement.
    • The headings of the sections used in this agreement are included for convenience only and are not to be used in construing or interpreting this Agreement
  2. Contact Us. All feedback, comments, requests for technical support, and other communications relating to the App or the Site should be directed to email: support@tmbr.market; or post: TMBR.market, 100 Vision Drive, Suite 400, Jackson, MS 39211