1. Agreement to Abide by Terms and Conditions. This portion of the web site to which these terms and conditions apply is provided by Wausau Timberland Company, LLC and Mosinee Timberland Company, LLC (collectively, the "Company"), which are subsidiary companies of Wausau Paper Corp. and Mosinee Paper Corporation, respectively. Reference made to the Company herein shall apply to both of Wausau Timberland Company, LLC and Mosinee Timberland Company, LLC in their separate individual capacities, unless the context clearly dictates otherwise. These terms and conditions of use govern your use of the portion of this web site which begins at this point and includes all web pages within this web site which contain information and other content related to the sale of timberlands or other real estate by the Company ("Timberland Web Pages") and are a legally binding contract between the Company and you. BY USING, VIEWING, DISPLAYING, DOWNLOADING, COPYING, PRINTING, AND/OR DISTRIBUTING THE CONTENTS OF ANY PORTION OF THE TIMBERLAND WEB PAGES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE TIMBERLAND WEB PAGES.
2. Relationship to Other Web Site Terms and Conditions. The terms and conditions contained within this document expressly incorporate by reference those certain terms and conditions of this web site as a whole (i.e. www.wausaupaper.com), if any, and such additional terms and conditions are made a part of this document as if re-printed here in their entirety. However, to the extent there is a conflict between these terms and conditions and those found within the document included in the link provided in this paragraph, then the terms and conditions of this document shall prevail.
3. Permitted Use. Subject to these terms and conditions, the Company grants you a license to use, view, display, download, copy, print, and/or distribute the contents of this Timberland Web Pages solely for the purpose of viewing and evaluating information related to the properties listed upon the Timberland Web Pages. No part of the content of the Timberland Web Pages may be used in any other manner or for any other purpose without the prior written consent of the Company. This license is limited, non-exclusive, and revocable by the Company at any time for any or no reason. This license does not transfer to you any title or other legal rights in or to any of the contents of this web site. You must retain all copyright and other proprietary notices on any web site content which is downloaded, copied, and/or printed. You may not modify any of the content of this web site that is downloaded, copied, and/or printed. You may not distribute any downloaded, copied, and/or printed content to any other person unless the recipient has been given notice of and agrees to accept and abide by these terms and conditions.
4. DISCLAIMER OF WARRANTIES. THE CONTENT OF THIS WEB SITE MAY CONTAIN INACCURATE INFORMATION OR TYPOGRAPHICAL ERRORS AND MAY BE CORRECTED, CHANGED, OR UPDATED AT ANY TIME BY THE COMPANY WITHOUT NOTICE TO YOU. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OF THIS WEB SITE. THE CONTENT OF THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS WEB SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR FREE MANNER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION OF SERVICE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER DESTRUCTIVE ELEMENT, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE CONTENT OF THIS WEB SITE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
5. LIMITATION OF DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PERSON OR ENTITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR OTHER DATA) THAT ARE RELATED TO THE USE, INABILITY TO USE, CONTENT, OR FUNCTION OF THIS WEB SITE, REGARDLESS OF THE COMPANY'S KNOWLEDGE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF DAMAGES IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THIS WEB SITE OR THESE TERMS AND CONDITIONS OF USE SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED U.S. DOLLARS ($100.00).
6. Review of Information; Submissions of Information. You acknowledge that the Timberland Web Pages may be used to review and evaluate information related to certain properties of the Company and the submission of information by users indicating interest in the potential purchase of such property from the Company.
7. Submissions of Information. YOU HEREBY ACKNOWLEDGE THAT THE SUBMISSION BY YOU OF ANY INFORMATION THROUGH THE TIMBERLAND WEB PAGES, INCLUDING, BUT NOT LIMITED TO, YOUR NAME, ADDRESS, OTHER IDENTIFYING INFORMATION, YOUR INDICATION OF THE PRICE YOU WOULD BE WILLING TO PAY, OR OTHER INFORMATION, WITH RESPECT TO ANY PROPERTY, DOES NOT (A) CREATE A VALID OR BINDING AGREEMENT BETWEEN YOU AND THE COMPANY, (B) REQUIRE THE COMPANY TO SELL ANY PROPERTY TO YOU OR ANY OTHER PERSON AT ANY TIME, AND (C) LIMIT THE ABILITY OF COMPANY TO NEGOTIATE WITH ANY PARTY, SELL, OR REFUSE TO SELL ANY PROPERTY TO ANY PARTY. UNTIL AND UNLESS A SEPARATE WRITTEN PURCHASE AGREEMENT BETWEEN YOU AND THE COMPANY HAS BEEN EXECUTED, COMPANY SHALL HAVE THE SOLE AND EXCLUSIVE DISCRETION AS TO WHETHER OR NOT TO PROCEED WITH THE SALE OF ANY PROPERTY AND THE TERMS AND CONDITIONS APPLICABLE TO ANY SUCH SALE.
8. Purchase Agreement. In the event that you submit any information indicating your interest in one or more the properties listed in the Timberland Web Pages, then the Company may, in the Company's sole discretion, contact you to discuss the submission of an offer by you to the Company. No obligation of you or the Company to buy or sell any property shall be established until a written purchase agreement has been executed by you and the Company.
9. Accuracy of Information You Submit. If you provide information to the Company through the Timberland Web Pages, you agree to provide current, complete, true, and accurate information only. You agree not to use a false or misleading name or a name that you are not authorized to use. If the Company suspects that such information is not current, or is incomplete, untrue, or inaccurate, the Company may refuse you access to such portions of the Timberland Web Pages and pursue any appropriate legal remedies.
10. Nature of Information You Submit. You agree that you shall not provide any information that is defamatory, offensive, threatening, obscene, harassing, illegal, or otherwise unlawful or that is infringing upon or incorporates the proprietary information of others.
11. License Regarding Information You Submit. Unless otherwise provided in our privacy policy, if any, you grant the Company an irrevocable, worldwide, royalty-free license to adapt, broadcast, change, copy, disclose, display, distribute, license, perform, post, publish, reproduce, sell, transmit, or use any material which you submit to or through the Timberland Web Pages anywhere in the world, in any medium, forever. Furthermore, the Company is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Timberland Web Pages for any purpose whatsoever. However, you agree and understand that the Company is not obligated to use any such ideas or materials and you have no rights to compel such use. IF YOU HAVE INFORMATION WHICH YOU WISH TO TREAT AS CONFIDENTIAL OR PROPRIETARY, DO NOT SUBMIT IT TO THE COMPANY THROUGH THE TIMBERLAND WEB PAGES OR ELSEWHERE ON THIS WEB SITE.
12. Consent to Use of Electronic Mail. When you visit or use the Timberland Web Pages, you expressly consent to receive communications from the Company by electronic mail messages. You agree that all notices and other communications which the Company provides to you electronically satisfy any applicable legal requirement that such communications be in writing.
13. Suspension or Termination of Timberland Web Pages. The Company reserves the right, at any time and from time to time, to suspend or terminate all or any portion of the Timberland Web Pages, including the availability of any features of the web site, and to suspend or terminate any one or more of the licenses or rights granted herein. The Company may also impose limits on certain features and services of or restrict your access to all or any portion of the Timberland Web Pages without notice or liability.
14. Amendment of Terms and Conditions. The Company reserves the right, at any time and from time to time, to amend these terms and conditions, in whole or in part, without notice to you. Amendments to these terms and conditions will be effective when posted. You should periodically review these terms and conditions. Your use of the Timberland Web Pages after any such amendments have been posted will be deemed to constitute acceptance of those amendments.
15. Governing Law. Any cause of action you may have against the Company with regard to this web site, including, but not limited to, the Timberland Web Pages, will be governed by the internal laws of the State of Wisconsin, United States of America, without giving effect to conflicts of laws provisions.
16. Jurisdiction. You hereby consent to the jurisdiction of the state or federal courts in and for the State of Wisconsin with regard to any legal proceeding related to these terms and conditions or this web site, including, but not limited to, the Timberland Web Pages.
17. Force Majeure. The Company will not be liable for any delay or failure in performance of this Agreement which result directly or indirectly from events which are beyond the reasonable control of the Company, including, without limitation, failures or outages with regard to the internet, computer equipment, telecommunication equipment, other equipment, or electrical power, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or any other event which is beyond the reasonable control of the Company.