Terms of Service

These Terms of Service (collectively, the “Terms”), apply to the website, hosted by or on behalf of Sumitomo Forestry America, Inc. (collectively, the “Website”). By accessing the Website, you agree that these Terms form a binding agreement between you and Sumitomo Forestry America, Inc.

Please read these Terms carefully before you access or use the Website. By using the Website and/or by clicking to accept these Terms, you agree to be bound and abide by these Terms and all documents referenced herein, including the Privacy Policy provided at Privacy Policy. If you do not agree to these Terms, you must not access the Website.

  1. Website.
    1. Website Requirements. Use of the Website requires one or more compatible devices, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Website involves hardware, software, and Internet access, your ability to access and use the Website may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
    2. Eligibility Requirements.The Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Sumitomo Forestry America, Inc. and meet all of the foregoing eligibility requirements. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, references to “you” and your” in these Terms, except for in this sentence, refer to that organization or entity).
    3. Modification or Discontinuation. We may add, modify or discontinue any feature, functionality or any other tool, within the Website, at our own discretion and without notice.
    4. Future Features and Functionality. You hereby acknowledge that your access and use of the Website is not contingent on the delivery by us of any future release of any functionality or feature. The Website may update automatically when a new version is available. Sumitomo Forestry America, Inc. reserves the right to determine how and when the Website is offered, including scope, nature, and timing of any future releases.
  2. Intellectual Property Rights.
    1. Our Intellectual Property. The Website and their entire contents, graphics, designs, compilations, magnetic translations, digital conversion, features, and functionality, including service marks, trademarks, logos, any and all related technology and any modifications, enhancements or derivative works thereof (collectively, “Sumitomo Forestry America, Inc. Materials”) are the property of Sumitomo Forestry America, Inc., its licensors, or other providers of such material, and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website. You agree to notify Sumitomo Forestry America, Inc. immediately upon becoming aware of any claim that the Website infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. As between you and Sumitomo Forestry America, Inc., Sumitomo Forestry America, Inc. retains all right, title and interest, including all intellectual property rights, in and to the Sumitomo Forestry America, Inc. Materials. You may not copy, distribute, republish, upload, post, or transmit any content or information included in the Sumitomo Forestry America, Inc. Materials without our prior written consent, provided that you may print out a copy of such content or information solely for your personal use.
    2. Use Restrictions. Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Website to any third party, including, but not limited to your affiliates, or use the Website in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Website; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Website, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Website, or any part thereof; (v) take any action that imposes or may impose (at Sumitomo Forestry America, Inc.’s sole discretion) an unreasonable or disproportionately large load on the Sumitomo Forestry America, Inc.’s infrastructure or infrastructure which supports the Website; (vi) interfere or attempt to interfere with the integrity or proper working of the Website; (vii) remove, deface, obscure, or alter Sumitomo Forestry America, Inc.’s or any third party's identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Website, or use or display logos of the Website without Sumitomo Forestry America, Inc. ’s prior written approval; or (viii) use the Website for competitive purposes, including to develop or enhance a competing service or product.
    3. Additional Prohibited Uses. You agree not to use the Website: (i) 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 United States or other countries); (ii) 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; (iii) to impersonate or attempt to impersonate Sumitomo Forestry America, Inc. , an Sumitomo Forestry America, Inc. employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (iv) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms, or (v) 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 Sumitomo Forestry America, Inc. or users of the Website, or expose them to liability.
    4. Monitoring; Compliance with Terms. Sumitomo Forestry America, Inc. reserves the right to monitor use of the Website to determine compliance with these Terms, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for all content and information you submit via the Website. Sumitomo Forestry America, Inc. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Sumitomo Forestry America, Inc. to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SUMITOMO FORESTRY AMERICA, INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUMITOMO FORESTRY AMERICA, INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUMITOMO FORESTRY AMERICA, INC. OR LAW ENFORCEMENT AUTHORITIES.
  3. Reliance on Information Posted. The information presented on or through Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Information obtained by using this Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 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 user of the Website, or by anyone who may be informed of any of its contents.
  4. Copyright Infringement. If you believe any content posted via the Website violates your copyright, please provide Sumitomo Forestry America, Inc. the information set forth below. It is the policy of Sumitomo Forestry America, Inc. to terminate user accounts of repeat infringers.
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Website;
    4. Your address, telephone number, and email address;
    5. 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; and
    6. 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. Our copyright agent for notice of claims of copyright infringement on the Website can be reached by mail sent to Sumitomo Forestry America, Inc., 15725 Dallas Parkway, Suite 125, Addison, TX 75001 or by directing an email to the legal team at contact@sfcus.com.
  5. Third-Party Products and Services.
    1. The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. 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 Sumitomo Forestry America, Inc., are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Sumitomo Forestry America, Inc. . 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.
    2. You may install or enable third party services for use with the Website, such as online applications or offline software products (“Third-Party Services”). Any use by you of such Third-Party Services is solely the responsibility of you and the third-party provider.
  6. Information About You and Your Use of the Website. All information we collect via the Website is subject to our Privacy Policy provided at Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  7. Links from 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 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 website linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such website.
  8. Links from Website.

    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 the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE.

    YOUR USE OF THE WEBSITE AND ALL CONTENT PROVIDED THEREIN OR THEREON, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND 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 SUMITOMO FORESTRY AMERICA, INC. NOR ANY PERSON ASSOCIATED WITH SUMITOMO FORESTRY AMERICA, INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SUMITOMO FORESTRY AMERICA, INC. NOR ANYONE ASSOCIATED WITH SUMITOMO FORESTRY AMERICA, INC. REPRESENTS OR WARRANTS THAT THE WEBSITE OR 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.

    TO THE FULLEST EXTENT PROVIDED BY LAW, SUMITOMO FORESTRY AMERICA, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

  9. Indemnification. You agree to defend, indemnify, and hold harmless Sumitomo Forestry America, Inc. , its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, 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 User Data, your violation of these Terms, or your use of the Website.
  10. Limitation on Liability.
    1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SUMITOMO FORESTRY AMERICA, INC. AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.
    2. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL SUMITOMO FORESTRY AMERICA, INC. OR ITS AFFILIATES HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, REVENUES, OR LOSS OF USE, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  11. Miscellaneous.
    1. Governing Law and Jurisdiction. All matters relating to the Website or these Terms, 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 laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, the Website or these Terms shall be instituted exclusively in the federal and state courts located in Dallas, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    2. Notice. Sumitomo Forestry America, Inc. may give general notices related to the Website that are applicable by email, text, in-app notifications, or by posting them on the Website and such electronic notices shall be deemed to satisfy any legal requirement that such notices be made in writing. Notices to Sumitomo Forestry America, Inc. must be sent to 15725 Dallas Parkway, Suite 125, Addison, TX 75001.
    3. Modifications. Sumitomo Forestry America, Inc. may revise these Terms from time to time by posting the modified version on its Website. By continuing to access or use the Website after the posted effective date of the modifications to these Terms, you agree to be bound by the revised version of these Terms.
    4. Waiver and Severability. No waiver by Sumitomo Forestry America, Inc. of any term or condition set out in these Terms 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 Sumitomo Forestry America, Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 will continue in full force and effect.

Last modified: July 25th, 2024