If you have any questions or comments regarding the Site or its contents, please direct them to firstname.lastname@example.org.
License and Site Access
Timberland Contractors grant you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Timberland Contractors or any third party.
You may not use, frame or utilize framing techniques to enclose any Timberland Contractors trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Timberland Contractors' express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Timberland Contractors' name, trademark, or product name without our express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law. Timberland Contractors respect the intellectual property of others, and we ask our users to do the same. Timberland Contractors may, in appropriate circumstances and at its own discretion, limit access to this Site and/or terminate the accounts of any users who infringe the intellectual property rights of others.
All copyrighted materials on this Site, including, without limitation, the Timberland Contractors logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 1992 Timberland Contractors, LLC. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Timberland Contractors or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Timberland Contractors or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
Timberland Contractors respect the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide us with the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- 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 owner or authorized to act on the copyright owner's behalf.
For notice of claims of copyright infringement on this Site, our contact information is:
Timberland Contractors, LLC.
4883 Glover Lane
Milton, FL 32570
Fax: (850) 981-0600
Trademarks and Service Marks
Timberland Contractors, the Timberland Contractors logo, and the products and services described in this Site, including without limitation, "Your Home Builder," "Quality Home Builders" are either trademarks, service marks or registered or unregistered trademarks of Timberland Contractors and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Timberland Contractors or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Timberland Contractors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Timberland Contractors. All other trademarks, registered trademarks, product names and Timberland Contractors names or logos mentioned herein are the property of their respective owners.
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Timberland Contractors or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use an our logo or other proprietary graphic or trademark of Timberland Contractors to link to this Site without the express written permission of Timberland Contractors. This limited right may be revoked at any time.
Third-Party Links. Timberland Contractors make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Timberland Contractors and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Timberland Contractors of the site or any information contained therein. When leaving our site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Financial Material Disclosure
Forward-Looking Statements. All statements on this website that are not historical facts should be considered as "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements involve known and unknown risks, uncertainties and other factors that may cause actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Such risks, uncertainties and other factors include, but are not limited to, (1) changes in general and local economic and industry and business conditions, (2) adverse weather conditions and natural disasters, (3) changes in market conditions and seasonality of the Company's business, (4) changes in home prices and sales activity in the markets where the Company builds homes, (5) government regulation, including regulations concerning development of land, the home building, sales and customer financing processes, and the environment, (6) fluctuations in interest rates and the availability of mortgage financing, (7) shortages in, and price fluctuations of, raw materials and labor, (8) the availability and cost of suitable land and improved lots, (9) levels of competition, (10) availability of financing to the Company, (11) utility shortages and outages or rate fluctuations, (12) levels of indebtedness and restrictions on the Company's operations and activities imposed by the agreements governing the Company's outstanding indebtedness, (13) operations through joint ventures with third parties, (14) product liability litigation and warranty claims, (15) successful identification and integration of acquisitions, (16) significant influence of the Company's controlling stockholders, (17) geopolitical risks, terrorist acts and other acts of war and (18) other factors described in detail in the Company's Form 10-K for the year ended October 31, 2007. All forward-looking statements involving earnings guidance or other financial or operating projections or estimates contained herein were provided on September 3, 2008 and were not updated for this presentation. The risk that actual results will differ materially from expectations expressed in this presentation will increase with the passage of time. Where we have used non-GAAP financial measures, reconciliations to the most comparable GAAP measure are provided, along with a disclosure on the usefulness of the GAAP measure, in our most recent earnings release.
Press Releases. The information contained within press releases issued by Timberland Contractors should not be deemed accurate or current except as of the date the release was posted. We have no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information. Timberland Contractors may provide links to third-party web sites or services that contain financial or investment information about us. Access to such web sites and the information contained therein is provided as a service to those interested in the information. Timberland Contractors neither regularly monitors nor has control over the content of third parties' statements or web sites. Accordingly, we do not endorse or adopt these web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Timberland Contractors make no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party web sites or other third-party information that is identified on the Site. Users visit these web sites and use the information contained therein at their own risk.
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. TIMBERLAND CONTRACTORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. TIMBERLAND CONTRACTORS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE TIMBERLAND CONTRACTORS ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Timberland Contractors reserve the right to change any and all content, including prices, contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Timberland Contractors.
All prices are subject to change at any time. Prices shown refer to the base house and do not include any options or extras. Please consult Timberland Contractors, LLC. sales associates for specific price information for each home in each community.
Limitation of Liability
IN NO EVENT SHALL TIMBERLAND CONTRACTORS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TIMBERLAND CONTRACTORS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF OUR SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID TIMBERLAND CONTRACTORS, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Florida, applicable to agreements made and entirely to be performed within the state of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Santa Rosa County, Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site, if any, shall be submitted to confidential arbitration in Santa Rosa County, Florida, except that, to the extent you have in any manner violated or threatened to violate Timberland Contractors' intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims over $1,000 but under $75,000, you will be obligated to pay your share of the arbitration fees, but no more than the equivalent court filing fee for a court action filed in the jurisdiction where your residential address is located. For arbitrations in excess of $75,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
BY THIS AGREEMENT, BOTH YOU AND WE ARE WAIVING CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT. YOU AND WE BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT ON A CONSOLIDATED, CLASS WIDE OR REPRESENTATIVE BASIS. IF FOR ANY REASON THIS ARBITRATION CLAUSE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THIS ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WE BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHTS TO TRIAL BY JURY AND TO PURSUE ANY CLAIMS ON A CONSOLIDATED, CLASS WIDE OR REPRESENTATIVE BASIS.
Notwithstanding any of these terms and conditions, Timberland Contractors reserve the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
You agree to defend, indemnify and hold harmless Timberland Contractors, its affiliates and subsidiaries, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising our of your use of this Site or any Submissions you provide, including without limitation any actual or threatened suit, demand or claim made against Timberland Contractors and/or its affiliates, subsidiaries, directors, employees or agents, arising out of or relating to your conduct, your violation of these Site Terms or your violation of the rights of any third party.