TimberJobs.org Terms of Service

Revised: September 16, 2020

These Terms of Use are effective immediately for unregistered users and users registering accounts or otherwise acknowledging acceptance of these terms on or after the revision date.

These Terms of Use (the "Terms") govern your access to and use of our websites, emails and mobile applications ("TimberJobs.org").

These Terms also include our Privacy and Cookie Policy. By accessing and using TimberJobs.org, you agree to comply with these Terms. If

you are using TimberJobs.org on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use TimberJobs.org if you do not agree to the version of the Terms posted on TimberJobs.org at the time you access TimberJobs.org. The terms "we" and "us" refer to: TimberJobs.org, an organization run by Douglas Timber Operators in Roseburg, Oregon.

Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

1.    Eligibility to Use TimberJobs.org

A. To access or use TimberJobs.org, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use TimberJobs.org.

An employer and its authorized agent(s) are permitted to use the employer's account to post job advertisements and any data about that

employer provided via that account for the employer's internal business purposes. Except as set forth above, or as otherwise approved by us, TimberJobs.org is for your personal, non-commercial use unless you enter into a separate

agreement with us for your commercial use. You may not use TimberJobs.org if we

have terminated your account or banned you.2.    Your TimberJobs.org

Account1.      TimberJobs.org

Account. In order for you to create a TimberJobs.org account, we

require that you provide a valid email address. The email you use must be one

where we can reach you. In the event we cannot correspond with you via this

email address, your submitted content may be rejected and your account may be

disabled. Other registration requirements (such as, a click on a link in a TimberJobs.org

job alert email by unregistered users who create job alerts) may also apply.

Once you have set up a password, you will be given access to your profile and

other private areas of your account. You are responsible for maintaining the

confidentiality of your password. You agree to notify us immediately if you

suspect any unauthorized use of your account or access to your password. You

are solely responsible for any and all use of your account. Passwords are

subject to cancellation or suspension by TimberJobs.org at any time. When you

set up an individual user account on TimberJobs.org, we create a member profile

(a "Profile") for you that will include personal information you

provide. We will update your Profile with information we extract from resumes

you upload on TimberJobs.org. You may permit us to share information in your

Profile with prospective employers, recruiters, and others. Subject to

visibility settings that you control, subscribers to services we may introduce

will be able to view information in your Profile. Because your anonymity on TimberJobs.org

is important, your Profile does not include

or link to information about the reviews or salary information you submit to TimberJobs.org.

However, we may ask you to provide, and we may subsequently collect if you

agree to provide, certain categories of sensitive personal information (e.g.,

race/ethnicity, sexual orientation). You may also have the opportunity to

associate this sensitive personal information (and some nonsensitive personal

information) with your reviews. The intended use for this data will be

disclosed in detail at the time of collection; please be aware that you do not

have to share your personal information beyond the level you feel comfortable.

You can read more about our diversity and inclusion privacy efforts in

our Privacy Policy.3.    Using TimberJobs.org1.      Third-Party

Content on TimberJobs.org. Content from other users, advertisers, and

other third parties is made available to you through TimberJobs.org.

"Content" means any work of authorship or information, including

salaries, company reviews, interview reviews, company photos, logos, employer

responses, job ads, employer profile information, advertisements, comments,

opinions, postings, resumes, messages, text, files, images, photos, works of

authorship, e-mail, data or other materials you find on TimberJobs.org. Because

we do not control such Content, you understand and agree that: (1) we are not

responsible for, and do not endorse, any such Content, including advertising

and information about third-party products and services, job ads, or the

employer, interview and salary-related information provided by other users; (2)

we make no guarantees about the accuracy, currency, suitability, reliability or

quality of the information in such Content; and (3) we assume no responsibility

for unintended, objectionable, inaccurate, misleading, or unlawful Content made

available by users, advertisers, and third parties..In

accordance with Section

230 of the U.S. Communications Decency Act, and any equivalent or

similar laws in other jurisdictions which are intended to exclude or limit the

liability of online service providers who provide access to user-generated

content, we generally cannot be held liable for claims arising from the Content

provided by third parties on TimberJobs.org. For more information please see

our Legal FAQs.

2.      House

Rules. You represent and warrant that you will use TimberJobs.org

solely for lawful purposes in a manner consistent with these Terms and any and

all applicable laws, regulations, or other legally enforceable obligations

(including contractual obligations) you may have towards us and any third

parties. You are solely responsible for any and all Content that is posted

through your account on TimberJobs.org ("Your Content"). You agree

that by submitting or authorizing Your Content for use on TimberJobs.org, you

have reviewed and understood our Community Guidelines. You

understand that you may expose yourself to liability if Your Content or other

use of TimberJobs.org violates applicable law or any third-party right.You

agree that you will not:·        

Impersonate another person, or his or her email address, or

misrepresent your current or former affiliation with an employer;·        

Create user accounts under false or fraudulent pretenses; create

or use an account for anyone other than yourself; or create multiple active

user accounts to post multiple reviews for the same company·        

Post Content that you do not own or have the right to post in

accordance with the license set forth in these Terms;·        

Violate these Terms, the terms of your agreements with us,

explicit restrictions set forth in our Community Guidelines, or any applicable

law, rule or regulation;·        

Post Content that is defamatory, libelous, or fraudulent; that

you know to be false or misleading; or that does not reflect your honest

opinion and experience;·        

Act in a manner that is harassing, threatening, abusive, racist

or bigoted, is otherwise objectionable (as determined by TimberJobs.org);·        

Promote, endorse or further illegal activities;·        

Disclose information in violation of any legally enforceable

confidentiality, non-disclosure or other contractual restrictions or rights of

any third party, including any current or former employers or potential

employers;·        

Violate the privacy, publicity, copyright, patent, trademark,

trade secret, or other intellectual property or proprietary rights of any

third-party;·        

Post anything pornographic or sexually explicit in nature, or

engage in the exploitation of persons in a sexual or violent manner;·        

Solicit personally identifying information from minors;·        

Except as expressly approved by us, and subject to applicable

laws, use TimberJobs.org for commercial activities and/or promotions such as

contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links,

and other forms of solicitation;·        

Imply a TimberJobs.org endorsement or partnership of any kind

without our express written permission;·        

Send messages in violation of the USA CAN-SPAM Act or any other

applicable anti-spam law;·        

Introduce software or automated agents to TimberJobs.org, or

access TimberJobs.org so as to produce multiple accounts, generate automated

messages, or to scrape, strip or mine data from TimberJobs.org without our

express written permission;·        

"Frame" or "mirror" or otherwise incorporate

part of TimberJobs.org into any website, or "deep-link" to any

portion of TimberJobs.org without our express written permission.·        

Copy, modify or create derivative works of TimberJobs.org or any

Content (excluding Your Content) without our express written permission);·        

Copy or use the information, Content (excluding Your Content),

or data on TimberJobs.org in connection with a competitive service, as

determined by TimberJobs.org;·        

Sell, resell, rent, lease, loan, trade or otherwise monetize

access to TimberJobs.org or any Content (excluding Your Content) without our

express written permission;·        

Interfere with, disrupt, modify, reverse engineer, or decompile

any data or functionality of TimberJobs.org;·        

Interfere with, disrupt, or create an undue burden on TimberJobs.org

or the networks or services connected to TimberJobs.org;·        

Introduce any viruses, Trojan horses, worms, time bombs,

cancelbots, corrupted files, or similar software to TimberJobs.org; or Attempt

to circumvent any security feature of TimberJobs.org;3.      Links

to Third-Party Websites. TimberJobs.org may contain links to

third-party websites placed by us as a service to those interested in this

information, or posted by other users. Your use of all such links to

third-party websites is at your own risk. We do not monitor or have any control

over, and make no claim or representation regarding third-party websites. To

the extent such links are provided by us, they are provided only as a

convenience, and a link to a third-party website does not imply our

endorsement, adoption or sponsorship of, or affiliation with, such third-party

website. When you leave TimberJobs.org, our terms and policies do not govern

your use of third-party websites.4.      Applying

on TimberJobs.org. Some of our job postings allow you to complete and submit your

application on TimberJobs.org. We provide this service by working directly with

an employer or by searching the Internet for the best contact information we

can find for an employer. When you click the "Apply" button to submit

an application on TimberJobs.org, we send your application to the most appropriate

contact information we have on file for that employer.While

we endeavor to make this service the best it can be, employer websites are not

controlled by us, and we cannot guarantee that your application will be

properly received and logged by the third-party employer website upon

transmission. If you have any reason to think your application was not received

by an employer, we suggest you contact them directly to confirm.TimberJobs.org

does not guarantee the identity of an employer or any individuals working for

any employers, and cautions job seekers when applying to jobs. TimberJobs.org

does not guarantee the validity of a job offer and cautions job seekers to

verify the validity of a job offer before taking an adverse action regarding

their current employment situations. You are solely responsible for verifying

the accuracy of any employer or job offer.5.      TimberJobs.org

Messaging Service. TimberJobs.org provides the TimberJobs.org Messaging Service, a two-way message proxy

and relay system. By utilizing the TimberJobs.org Messaging Service, you

acknowledge that you are asking TimberJobs.org to send these messages on your

behalf. This includes your resumes, cover letters, applications, messages,

questionnaire answers, responses, offer letters and other materials. When

communicating through the TimberJobs.org Messaging Service, you will see an email

address with an @messaging.TimberJobs.org.com ending. You understand that you

retain no ownership rights in this email address, which is specific to

eEmployers’ job postings, but is owned by TimberJobs.org. However, the TimberJobs.org

Messaging Service will show the name associated with your account or job

application in the “To:” or “From:” field. TimberJobs.org may also insert

functionality into messages relating to your application allowing you to place

calls directly to third parties. Please note this functionality is provided

solely as a courtesy and that such calls are not placed through or tracked by TimberJobs.org.

Since the TimberJobs.org Messaging Services depend on the functionality of

third-party providers, there may be technical delays on the part of those email

service providers. TimberJobs.org assumes no responsibility for the

communications between parties using the TimberJobs.org Messaging Service,

which communications are the sole responsibility of the parties using the

service.When

you ask TimberJobs.org to transmit an application or a message, including, but

not limited to, a signed offer letter, to an employer via Easy Apply or the TimberJobs.org

Messaging Service or store such application, you understand that this is

without warranty, and that TimberJobs.org reserves the right to reformat such

application or message. TimberJobs.org reserves the right to verify and confirm

the identity of any party associated with an email relay. We also reserve the

right to drop messages in accordance with these Terms, including without

limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com,

.cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst,

.pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip

attachment for any or no reason.4.    Special

Provisions Applicable To Employers1.      Posting

Jobs on TimberJobs.org. You may not post any job ad that:·        

Does not comply with the applicable laws or regulations of the

state and country where the job is to be performed, including laws relating to

labor and employment, equal employment opportunity and employment eligibility

requirements, data privacy, data access and use and intellectual property;·        

Contains false information or solicits employees by intentional

misrepresentation, such as, misrepresentation of the terms of employment, the

hiring entity, or the identity of the poster;·        

Requires an application fee or up-front or periodic payments;

requires recruitments of others; resembles a multi-level marketing scheme,

franchise, pyramid scheme, "club membership", distributorship or

sales representative agency arrangement; or only pays commissions (except where

the listing makes clear that the available job pays commission only and clearly

describes the product or service that the job seeker would be selling); or

resembles a multi-level marketing scheme (unless you comply with the TimberJobs.org Guidelines for Multi-Level Marketing Companies).·        

Involves any screening requirement where such screening

requirement is not an actual and legal requirement of the advertised position;·        

Contains any logo or brands, or link to website, other than your

own or those of any entity for which you are authorized to submit job ads;·        

Contains multiple job openings in a single job ad (unless you've

purchased a service that permits this);·        

Does not comply with Title VII of the Civil Rights Act or

the EEOC's

Enforcement Guidance on Employer's Consideration of Arrest and Conviction

Records in Employment Decisions, and relevant state and

local laws that prohibit employers from discriminating against people with

criminal backgrounds and require employers to delay inquiry into an applicant's

criminal history until later in the hiring process.·        

Discriminates against applicants on the basis of gender, race,

religion, sexual orientation, age, disability, or any other ground(s)

prohibited by applicable law, in each case as determined in TimberJobs.org's

reasonable discretion.You

agree that TimberJobs.org may, at its sole discretion, remove or prevent the

posting of any job ad for any or no reason..2.      Communications

with Job Seekers. We may inform a user when you have taken an action with

respect to information we have shared with you on behalf of that user, such as

when you open the user's application, view their resume, view their profile on TimberJobs.org,

and/or make a decision about their application. When you view, store or receive

materials through your use of TimberJobs.org, we may use such materials for data

analysis, quality control, or to refine our platform and services. We may also

share with our users our observations based on such data analysis. For example,

we may tell our users which employers are more likely to open applications

submitted to TimberJobs.org, which employers are active on TimberJobs.org, and

how long certain aspects of the candidate process take on average for a given

employer. We may, on your behalf, send out reminder emails to Job Seekers you

wish to interview. TimberJobs.org may also send emails to Job Seekers on your

behalf indicating that your job posting is potentially a match for the Job

Seeker’s resume. You understand and agree that TimberJobs.org may take such

actions.5.    Special

Provisions Applicable to AdvertisersThis

provision applies to all advertisers, including employers who purchase job ads

or display ads. Unless we agree otherwise, you may not use or otherwise process

data collected or derived from ads ("Ad Data") for

any purpose (including retargeting, building or augmenting user profiles,

allowing piggybacking or redirecting with tags, or combining with data across

multiple advertisers' campaigns) other than to assess the performance and

effectiveness of your campaigns on an aggregate and anonymous basis. You may

not, and you may not permit a third-party to, transfer or sell any Ad Data to,

or use Ad Data in connection with, any ad network, ad exchange, data broker, or

other party not acting on behalf of you and your campaigns. You may use

information provided directly to you from users if you provide clear notice to

and obtain consent from those users and comply with all applicable laws and

industry guidelines, including those applicable to data protection.6.    Enforcement

by TimberJobs.org1.      Removal

of Content. While TimberJobs.org has no obligation to do so, TimberJobs.org

reserves the right to review and delete any Content (or portion thereof) that

we believe, in our sole discretion, violates these Terms or other applicable

policies posted on TimberJobs.org (including our Community

Guidelines), or that we deem, in our sole discretion, inappropriate. If

you see any Content on TimberJobs.org that you believe violates our policies,

you may report that Content by clicking on an applicable link adjacent to that

Content (e.g. links titled: "Inappropriate" or "Flag

Review") or by contacting

us here. Once notified, we will review the Content and consider whether

to remove it (or a portion thereof). Please note: Our interpretation of our

policies and the decision whether or not to edit or remove Content is within

our sole discretion. You understand and agree that if we choose not to remove

or edit Content that you find objectionable, that decision will not constitute

a violation of these Terms or any agreement we have with you. For more

information please see our Legal

FAQs.2.      Copyright

Policy. Please see our Copyright

Complaint Policy for information about copyright and trademark disputes.3.      Other

Enforcement Actions. While we have no obligation to do so, we reserve the right to

investigate and take appropriate action in our sole discretion against you if

you violate these Terms, including without limitation: removing Content (or

portions thereof) from TimberJobs.org; suspending your rights to use TimberJobs.org;

terminating your membership and account; reporting you to law enforcement,

regulatory authorities, or administrative bodies; and taking legal action

against you.4.      Defending

Our Users. While we have no obligation to do so, we reserve the right, to

the fullest extent permitted by applicable law, to take appropriate action to

protect the anonymity of our users against the enforcement of subpoenas or

other information requests that seek a user's electronic address or identifying

information.7.    Rights

to Your ContentWe do

not claim ownership in any Content that you submit or authorize for use to TimberJobs.org,

but you grant us the rights to use such Content as set forth below. By

submitting or authorizing us to display any Content on TimberJobs.org, you

hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive,

fully-paid and royalty-free, license (with the right to sublicense through

unlimited levels of sublicenses) to use, copy, perform, display, create

derivative works of, adapt and distribute such Content in any and all media

(now known or later developed) throughout the world. To the greatest extent

permitted by applicable law, you hereby expressly waive any and all of your

moral rights applicable to TimberJobs.org's exercise of the foregoing license.

You agree that this license includes the right for us to provide, promote, and

improve TimberJobs.org and to make Content submitted to or through TimberJobs.org

available to other companies, organizations or individuals for the syndication,

broadcast, distribution, promotion or publication of such Content on other

media and services, subject to our terms and conditions for such Content use.

No compensation will be paid with respect to the Content that you post through TimberJobs.org.

You should only submit Content to TimberJobs.org that you are comfortable

sharing with others under the terms and conditions of these Terms.8.    Rights

to TimberJobs.org ContentTimberJobs.org

contains Content provided by us and our licensors. We and our licensors

(including other users) own and retain all proprietary (including all

intellectual property) rights in the Content we each provide and TimberJobs.org

owns and retains all property rights in TimberJobs.org. If you are a user, we

hereby grant you a limited, revocable, non-sublicensable license under the

intellectual property rights licensable by us to download, view, copy and print

Content from TimberJobs.org solely for your personal use in connection with

using TimberJobs.org. Except as provided in the foregoing, you agree not to:

(1) reproduce, modify, publish, transmit, distribute, publicly perform or

display, sell, adapt or create derivative works based on TimberJobs.org or the

Content (excluding Your Content); or (2) rent, lease, loan, or sell access to TimberJobs.org.

TimberJobs.org ® is a registered trademark of TimberJobs.org, Inc. The

trademarks, logos and service marks ("Marks") displayed on TimberJobs.org

are our property or the property of third parties. You are not permitted to use

these Marks without our prior written consent or the consent of the third party

that owns the Mark.9.    IndemnityYou

agree to defend, indemnify, and hold us and our subsidiaries and our and their

respective officers, directors, board members, board advisors, employees,

partners, agents successors and assigns (collectively, the "TimberJobs.org Group") harmless from any loss,

liability, claim, or demand, including reasonable attorneys' fees and costs,

made by any third party due to or otherwise arising from your use of TimberJobs.org,

including due to or arising from your breach of any provision of these Terms.10.                     

Disclaimers and Limitation on LiabilityThe

disclaimers and limitations on liability in this section apply to the maximum

extent allowable under applicable law. Nothing in this section is intended to

limit any rights you have which may not be lawfully limited.Any

emails or email notifications corresponding with any activity on TimberJobs.org,

the TimberJobs.org Messaging Service, or any other communications service,

product, or feature provided on or through TimberJobs.org, are provided solely

as a courtesy. TimberJobs.org disclaims all warranties with regard to the

transmission or storage of such courtesy notices, does not guarantee their

delivery or receipt, and does not guarantee the date or time at which they may

be sent. In the event a message being sent is intended for a closed account,

these messages will not be deliverable. Further, if you are an employer and you

posted a job posting directly on TimberJobs.org, applications are sent only to

your TimberJobs.org dashboard; any other notifications you may receive are

provided solely as a courtesy to youTimberJobs.org

assumes no responsibility, and disclaims all liability for the content,

accuracy, completeness, legality, reliability, or availability of any job

posting, career page, job solicitation, screener question, answer to screener

question, resume information, or message you post, send or receive through TimberJobs.org

or the TimberJobs.org Messaging Service.You are

solely responsible for your interactions with advertisers and other users and

we are not responsible for the activities, omissions, or other conduct, whether

online or offline, of any advertiser or user of TimberJobs.org. We are not

responsible for any incorrect, inaccurate, or unlawful Content (including any

information in profiles) posted on TimberJobs.org, whether caused by users or

by any of the equipment or programming associated with or utilized in TimberJobs.org.

We assume no responsibility for any error, omission, interruption, deletion,

defect, delay in operation or transmission, communications line failure, theft

or destruction or unauthorized access to, or alteration of, any communication

with advertisers or other users. We are not responsible for any problems or

technical malfunction of any hardware and software due to technical problems on

the Internet or on TimberJobs.org or combination thereof, including any injury

or damage to users or to any person's computer related to or resulting from

participation or downloading materials in connection with TimberJobs.org. Under

no circumstances shall we be responsible for any loss or damage resulting from

the use of TimberJobs.org or from any Content posted on TimberJobs.org or

transmitted to users, or any interactions between users of TimberJobs.org,

whether online or offline.TimberJobs.org

is provided "as-is" and as available. We expressly disclaim any

warranties and conditions of any kind, whether express or implied, including

the warranties or conditions of merchantability, fitness for a particular

purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no

warranty that: (1) TimberJobs.org will meet your requirements; (2) TimberJobs.org

will be available on an uninterrupted, timely, secure, or error-free basis; or

(3) the results that may be obtained from the use of TimberJobs.org will be

accurate or reliable.You

hereby release the TimberJobs.org Group from any and all claims, demands, and

losses, damages, rights, claims, and actions of any kind that are either

directly or indirectly related to or arises from: (1) the actions, Content, or

data of third parties (including, advertisers and other users) (2) your

participation in any offline events.IN NO

EVENT SHALL THE TIMBERJOBS.ORG GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR

ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,

OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF TIMBERJOBS.ORG, EVEN IF WE HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO

THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE

THAT THE TIMBERJOBS.ORG GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM

OR RELATED TO YOUR USE OF TIMBERJOBS.ORG (FOR ANY CAUSE WHATSOEVER AND

REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE

HUNDRED U.S. DOLLARS ($100).You

acknowledge that you are familiar with the provisions of Section 1542 of the

California Civil Code, which provides as follows: "A GENERAL RELEASE DOES

NOT EXTEND TO 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 hereby expressly waive and relinquish all rights and benefits under Section

1542 of the California Civil Code and any law or legal principle of similar

effect in any jurisdiction with respect to the releases and/or discharges

granted herein, including but not limited to the releases and/or discharges of

unknown claims.11.                     

TerminationThese

Terms remain in effect while you use TimberJobs.org and, for registered users,

as long as your account remains open. You may delete your account at any time.

We may suspend or terminate your account or your access to parts of TimberJobs.org,

for any or no reason, without notice to you. We will have no liability

whatsoever to you for any termination of your account or related deletion of

your information.All

provisions of these Terms shall survive termination or expiration of these

Terms except those provisions granting access to or use of TimberJobs.org. For

the avoidance of doubt, you agree that these Terms apply to your use of TimberJobs.org

and any Content posted on TimberJobs.org at any time prior to the termination

or expiration of these Terms.12.                     

Changes to TermsWe may

revise these Terms from time to time by posting an updated version on TimberJobs.org.

The revised Terms will be effective immediately for unregistered users and

users registering accounts on or after the revision date. For users who

registered accounts before the revision date, they will become effective thirty

(30) days after the revision date. If we make a change that we believe

materially reduces your rights or increases your responsibilities we will

notify you by email (sent to the e-mail address specified in your account) or

by means of a notice on this website prior to the change becoming effective. We

may provide notice of changes in other circumstances as well. Any such changes

will not apply to any claim brought prior to the effective date of the revised

Terms incorporating such changes. We encourage you to periodically review this

page for the latest information on our Terms. Your continued use of TimberJobs.org

is subject to the most current effective version of these Terms.13.                     

Third-Party DiscoveryYou

agree to waive your right to file a pre-suit discovery proceeding seeking a

user's identifying information from TimberJobs.org. If you intend to propound

discovery seeking a user's identifying information, you agree to do so pursuant

to a valid California subpoena, properly issued in connection with an active

lawsuit and properly served on our registered agent in California at TimberJobs.org,

Inc., c/o CT Corporation, 818 W Seventh Street, Los Angeles, CA 90017. You

further agree that all such subpoenas and discovery proceedings arising from

such subpoenas shall be issued from, brought and resolved exclusively in the

state courts located within Marin County, California or the federal courts in

the Northern District of California, as appropriate, and you agree to submit to

the personal jurisdiction of each of these courts for such discovery

proceedings.14.                     

Dispute ResolutionPLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT

BY ENTERING INTO THESE TERMS, YOU AND TIMBERJOBS.ORG ARE EACH WAIVING THE RIGHT

TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TIMBERJOBS.ORG

AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED

CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN

INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.1.      Governing

Law. These Terms and any and all claims, disputes, or other legal

proceedings by or between you or us, including but not limited to any such

claims or disputes that are in any way related to or arising under these Terms

or your access to or use of TimberJobs.org, shall be governed by the laws of

the State of California without giving effect to any conflict-of-laws

principles that may otherwise provide for the application of the law of another

jurisdiction. The parties agree that their arrangement under these Terms is in

interstate commerce and that the Federal Arbitration Act applies to the

construction of the "Agreement to Arbitrate" provision below. For any

claim, dispute, or other legal proceeding not subject to the "Agreement to

Arbitrate" provision below, the claim or dispute shall be brought and

litigated exclusively in the state courts located within Marin County,

California or the federal courts in the Northern District of California, as

appropriate, and you agree to submit to the personal jurisdiction of each of

these courts for the purpose of litigating such claims or disputes.2.      Agreement

to Arbitrate. If you reside in the United States, subject to the Exceptions

to Arbitration set forth below, you and TimberJobs.org each agree that any and

all disputes between consumer users of TimberJobs.org and TimberJobs.org

arising under or related in any way to these Terms and such users' use of TimberJobs.org

must be resolved through binding arbitration as described in this section. With

the exception of the prohibition on class arbitrations set forth in this

"Dispute Resolution" section, if an arbitrator or court decides that

any part of this agreement to arbitrate is unenforceable, the other parts of

this Agreement to Arbitrate will still apply.Exceptions to Arbitration. This Agreement to

Arbitrate will not apply to the following: (a) small claims court cases that

qualify; (b) legal proceedings that involve efforts to obtain user-identifying

information; (c) any legal proceedings brought against any of the TimberJobs.org

Group by companies or other legal entities; or individuals acting on behalf of

such companies or other legal entities; (d) any legal proceedings brought by

any of the TimberJobs.org Group against companies or other legal entities or

individuals acting on behalf of any such companies or other legal entities; and

(e) a party's right to seek injunctive or other equitable relief in a court of

competent jurisdiction to prevent the actual or threatened infringement,

misappropriation or violation of a party's copyrights, trademarks, trade

secrets, patents, or other intellectual property rights. If, for some reason,

the prohibition on class arbitrations set forth in this Dispute Resolution

section cannot be enforced, then the entirety of this Agreement to Arbitrate

will not apply. Where this Agreement to Arbitrate does not apply, the remainder

of this Agreement and the Dispute Resolution section will continue to apply.Informal Dispute Resolution. If either of us

intends to seek arbitration under the agreement, the party seeking arbitration

must first notify the other party of the dispute in writing at least 30 days in

advance of initiating arbitration. Notice to TimberJobs.org should be sent to

the Litigation Department, TimberJobs.org Inc., 100 Shoreline Highway, Mill

Valley, CA 94941. If you have an account on TimberJobs.org, notice to you will

be sent to the email address associated with your account. The notice of

dispute ("Notice") must (a) describe the nature and basis of the

claim or dispute; and (b) set forth the specific relief sought. You may

download or copy a form Notice here. If TimberJobs.org and you do not reach an agreement to resolve

the claim within 30 days after the Notice is received, you or TimberJobs.org

may commence formal proceeding.Arbitration Procedure. The arbitration

will be governed by the Consumer Arbitration Rules of the American Arbitration

Association ("AAA"), if applicable, as

modified by this section. The AAA's rules and a form for initiating the

proceeding are available at www.adr.org. Any settlement offer made by you or TimberJobs.org

shall not be disclosed to the arbitrator. Unless otherwise required by the

applicable arbitration rules, the arbitration shall be held in San Francisco,

California. For any claim where the total amount of the award sought is $10,000

or less, you and TimberJobs.org may elect to have the arbitration conducted by

telephone or based solely on written submissions, which election shall be

binding on you and TimberJobs.org subject to the arbitrator's discretion to

require an in-person hearing. In cases where an in-person hearing is held, you

or TimberJobs.org may attend by telephone, unless the arbitrator requires

otherwise. The arbitrator will decide the substance of all claims in accordance

with applicable law, including recognized principles of equity, and will honor

all claims of privilege recognized by law. The arbitrator shall not be bound by

rulings in prior arbitrations involving different users, but is bound by

rulings in prior arbitrations involving the same TimberJobs.org user to the

extent required by applicable law. The arbitrator's award shall be final and

binding and judgment on the award rendered by the arbitrator may be entered in

any court having jurisdiction thereof.Opt-Out Procedure. IF YOU ARE A NEW TIMBERJOBS.ORG

USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE

("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT

NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS

AFTER THE DATE YOU ACCEPT THE TIMBERJOBS.ORG TERMS OF USE FOR THIS FIRST TIME.

YOU MUST MAIL THE OPT-OUT NOTICE TO TIMBERJOBS.ORG INC, ATTN: LITIGATION

DEPARTMENT, RE: OPT-OUT NOTICE, 100 SHORELINE HIGHWAY, MILL VALLEY, CALIFORNIA

94941.For

your convenience, we are providing an Opt-Out Notice form you must complete

and mail to opt out of your agreement to arbitrate. You must complete the

Opt-Out Notice form by providing the information called for in the form,

including your name, address (including street address, city, state and zip

code), and the email address(es) associated with the TimberJobs.org account(s)

to which the opt-out applies. You must sign the Opt-Out Notice for it to be

effective. This procedure is the only way you can opt out of this Agreement to

Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of

these Terms and this Dispute Resolution section will continue to apply to you.

Opting out of this agreement to arbitrate has no effect on any previous, other,

or future arbitration agreements that you may have with us.Changes to the Agreement to Arbitrate. Notwithstanding

any provision in these Terms to the contrary, you and we agree that if we make

any changes to this "Arbitration" section (other than a change to any

referenced notice address or site link) in the future, that change will not

apply to any claim that was filed in a legal proceeding prior to the effective

date of the change. The change will apply to all other disputes or claims

governed by this Arbitration section that have arisen or may arise between you

and TimberJobs.org. We will notify you of changes to this Arbitration section

by posting the changes on TimberJobs.org at least 30 days before the effective

date of the changes and by email. If you do not agree to these changed terms,

you may close your account within the 30 day period and you will not be bound

by the changes.15.                     

OtherExcept

as specifically stated in another agreement we have with you, these Terms

constitute the entire agreement between you and us regarding the use of TimberJobs.org

and these Terms supersede all prior proposals, negotiations, agreements, and

understandings concerning the subject matter of these Terms. You represent and

warrant that no person has made any promise, representation, or warranty,

whether express or implied, not contained herein to induce you to enter into

this agreement. Our failure to exercise or enforce any right or provision of

the Terms shall not operate as a waiver of such right or provision. If any

provision of the Terms is found to be unenforceable or invalid, then only that

provision shall be modified to reflect the parties' intention or eliminated to

the minimum extent necessary so that the Terms shall otherwise remain in full

force and effect and enforceable. To the extent allowed by law, the English

version of these Terms are binding and the translations are provided for

convenience only. The Terms, and any rights or obligations hereunder, are not assignable,

transferable or sublicensable by you except with TimberJobs.org's prior written

consent, but may be assigned or transferred by us without restriction. Any

attempted assignment by you shall violate these Terms and be void. The section

titles in the Terms are for convenience only and have no legal or contractual

effect; as used in the Terms, the word "including" means

"including but not limited to."Please

contact us with any questions regarding these Terms by contacting

us here.