Terms & Conditions

Members

The Bureau provides certain information about its members on the Website (“Members”). Members are independent third parties and are not employees, representatives, or agents of the Bureau. You understand and agree that Bureau:

• is not a party to any contract between You and any Member;
• has no control over any Members and is not responsible for any Members&’ in any way, including for any of the Members&’ representations, work, contracts, or otherwise;
• does not schedule appointments or have any control or involvement whatsoever in your interaction with any Member, including any contact or work you may have with any Member;
• does not adjudicate, mediate, or provide any input or judgment on disputes between you and any Member;
• is not responsible for Members&’ opinions on workmanship or product quality;
• accepts no responsibility for Members&’ advertising materials;
• takes certain steps to examine the credentials of its Members, but makes no guarantees, warranties, or representations regarding the skills or representations of any Member or the quality of the services that the Member may perform if you elect to retain such Member; and
• does not update Member contact information on a regular basis. It is the Member&’s responsibility to keep the Bureau apprised of contact information changes.

Please also refer to the “Reliance on Information Posted”, “Third Party Information and Links from the Website”, and “Limitation on Liability” provisions below regarding Members.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time when you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to some or all users.

You are responsible for:

• making all arrangements necessary for you to have access to the Website; and
• ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to us via the Website or otherwise is governed by our Privacy Policy http//www.cedarbureau.org/privacypolicy.asp, and you consent to all actions we take with respect to your information that are consistent with our Privacy Policy.

Intellectual Property Rights

All rights, title, and interests in and to the Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Bureau, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• your computer may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials; and
• you may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

• modify copies of any materials from this site;
• use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
• delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@cedarbureau.com.

Subject to the principles of fair use and fair dealing under any applicable laws, if you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Bureau. Subject to the principles of fair use and fair dealing under any applicable laws, any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Bureau name, the trademarks listed below, the Bureau logo and all related names, logos, product and service names, designs and slogans are trademarks of the Bureau. You must not use such marks without the prior written permission of the Bureau. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

CEDAR SHAKE & SHINGLE BUREAU
BLUE LABEL
C & Design
CERTI-CUT
CERTIGRADE
CERTIGROOVE
CERTI-GUARD
ENVIROSMART
CERTI-LABEL
CERTI-LAST
CERTI-RIDGE
CERTI-SAWN
CERTI-SPLIT
CERTI-WOOD
THE CROWNING TOUCH OF QUALITY & Design

Nothing contained on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on the Website without our written permission or the written permission of the applicable trademark owner. Misuse of any trademark is strictly prohibited.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

• in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability; or otherwise violate any applicable local, provincial, state, national or international law or regulation;
• to impersonate or attempt to impersonate the Bureau, a Bureau employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone&’s use or enjoyment of the Website, or which, as determined by us, may harm the Bureau or users of the Website or expose them to liability.

Additionally, you agree not to:

• use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party&’s use of the Website, including their ability to engage in real time activities through the Website;
• use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
• use any device, software or routine that interferes with the proper working of the Website;
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
• attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• otherwise attempt to interfere with the proper working of the Website;
• use the posted Member list for creating a spam list or other sales tools; or
• use this Website to bait and switch a customer, including using the Bureau&’s materials to sell products or services of a non-Member.

Monitoring and Enforcement; Termination

We have the right to:

• terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use; and
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

YOU WAIVE AND HOLD HARMLESS THE BUREAU FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE BUREAU DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE BUREAU OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes and as a courtesy to you in the interests of promoting quality Certi-label^® cedar shakes and shingles. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include or refer to content provided by third parties, including materials provided by affiliates, Members, or others. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Bureau, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Bureau. 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.

The Bureau provides certain content relating to installation and maintenance, including the Bureau’s own Articles, videos, newsletters, and links to third party articles (collectively, the “Articles”). The Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that the Articles are no substitute for the advice of a professional.

You expressly assume all risk of loss, harm or injury resulting from the use or misuse of the Articles. Additionally, the suggestions and information provided in the Articles may not be appropriate in all instances and requires verification and use by a technically competent contractor.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. The material on the Website may be out of date at any given time. Please call the Bureau&’s offices at 604-820-7700 for the most current print dates. You use all such material at your own risk.

Information About You and Your Visits to the Website

All information we collect about you through this Website is subject to our privacy policy http//www.cedarbureau.org/privacypolicy.asp, as may be updated from time to time (the “Privacy Policy”). The Bureau collects, uses and discloses your personal information in accordance with the Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information, including any use of personal information, in compliance with the Privacy Policy.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, membership, approval or endorsement on our part without our express written consent.

You must not:

• cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; and
• otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice to you.

Third Party Information and Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We do not review or monitor, and have no control over, the contents of those sites or resources, and 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 this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The Bureau is based in the state of Washington in the United States. We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE BUREAU NOR ANY PERSON ASSOCIATED WITH THE BUREAU MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, MERCHANTABLE QUALITY, DURABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE BUREAU NOR ANYONE ASSOCIATED WITH THE BUREAU REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE BUREAU HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE BUREAU, ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY SERVICES PROVIDED BY MEMBERS, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. This provision is unenforceable and/or inapplicable within the State of New Jersey, U.S.A.

As part of the Website, Bureau provides certain information, including contact information, for its Members and/or affiliates. You expressly agree that in addition to the above Limitation of Liability, the Bureau is not RESPONSIBLE FOR and will not be liable for any direct, indirect, special, incidental, consequential or punitive damages (even if the Bureau has been advised of the possibility of such damages) resulting from: (1) contracts between you and any Member, (2) the cost of any goods and/or services purchased or obtained as a result of the use of the Website; (3) statements or conduct of any Member or affiliate; or (4) any other dealings or interactions you have with any Member or affiliate (or any of their representatives or agents).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Bureau and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys&’ fees) arising out of or relating to your violation of these Terms of Use or your use or misuse of the Website, any use or misuse, of the Website&’s content, services and products, or your infringement of any intellectual property rights or other proprietary rights belonging to us or other parties, other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. This provision is unenforceable and/or inapplicable within the State of New Jersey, U.S.A.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington, U.S.A, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, U.S.A., in each case located in the City of Seattle and County of King, although the Bureau retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in Vancouver, British Columbia, Canada, or in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

This Agreement was written in English. To the extent any translated version of this Agreement conflicts with the English version, the English version shall control.

Arbitration

At Bureau&’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of Washington, U.S.A.

Limitation on Time to File Claims

SUBJECT TO APPLICABLE LAWS, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This provision may be inapplicable and/or unenforceable in the State of New Jersey, U.S.A.

Waiver and Severability

No waiver of by the Bureau of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Bureau to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Cedar Shake and Shingle Bureau with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by the Cedar Shake and Shingle Bureau, P.O. Box 1178, Sumas, Washington 98295-1178.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@cedarbureau.com.

All questions, comments, suggestions and other communications provided by you regarding the Website or any content contained in the Website will be deemed to be non-confidential and the Bureau will have no obligation of any kind with respect to any such communication, and will be free to reproduce, use, disclose and distribute such communication or otherwise, without limitation. Furthermore, the Bureau will be free to use any ideas, concepts, techniques, or know-how contained in any such communication for any purpose, including but not limited to development, manufacturing and marketing products, or offering services, which incorporate such information.

From time to time you may be required to submit information through the Website. All information you provide through the Website must be true, accurate, and complete. The Bureau will rely on the information you provide. If you submit incorrect or incomplete information, you will be responsible for any loss, damage, or additional costs you, the Bureau, or others may incur as a result.

The internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the internet between you and the Bureau cannot be ensured. The Bureau is not responsible for any damages you may suffer if you communicate confidential information over the internet or if the Bureau communicates such information to you at your request.