Redwood Deck Sausalito, California

Terms of Use

Mendocino Forest Products Company Website Terms of Use

Mendocino Forest Products Company, LLC (“Mendocino Forest Products Company”) grants you permission to view the website located at www.MFP.com (the "Site") provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms of Use and our Privacy Policy (collectively referred to as the "Terms").

Your use of this Site constitutes your agreement and acceptance without modification of the Terms in effect at the time of your use. In addition, as a condition of your use of this Site, you represent and warrant to Mendocino Forest Products Company that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site or use or download any Materials available on this Site. We may update the Terms at any time, and if you keep using the Site after the Terms are updated, that will indicate your acceptance of the updated Terms.

Mendocino Forest Products Company is based in the State of California in the United States. Mendocino Forest Products Company provides this Site for use only by persons located in the United States. We make no claims that the Site or any of the Materials are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Mendocino Forest Products Company grants you a nonexclusive, nontransferable and revocable license to print individual pages from this Site and to use the information, data, material, software, tools, products, images, artwork, graphics, videos, plans, designs or services available on this Site (collectively, the "Materials") for your own personal, noncommercial use, provided that you do not modify or delete any copyright, trademark, or other proprietary notice or disclaimers. You may not modify, copy (except as set forth in the preceding sentence), store, download, upload, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or in any way exploit any Materials, in whole or in part, outside of the specific usage rights granted to you by Mendocino Forest Products Company as described in these Terms. The Materials are made available solely for general information purposes. Mendocino Forest Products Company does not warrant the accuracy, completeness, or usefulness of the Materials. All information, including pricing and availability, may be changed or updated without notice. You agree to use the Materials only for their intended lawful purpose and in accordance with applicable laws and regulations. We reserve the right to suspend, cancel, or discontinue the Site or any feature provided on the Site in whole or in part, or with respect to any individual user at any time without providing notice and without being liable to any user.

You agree not to: (a)  use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction programs, tools, utilities, algorithm or methodology to access, acquire, copy or monitor any portion of the Site, the Materials or any personally identifiable information, without Mendocino Forest Products Company’s express written consent; (b)  use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Site, other than the search engines and search agents available through the Site and other than generally available third-party web browsers; or, (c)  excessively overload the Mendocino Forest Products Company systems used to provide the Site. The foregoing list provides examples only and is non-exclusive.  If you violate any of the foregoing or these Terms, your right to use the Site may be terminated by Mendocino Forest Products Company in its sole discretion with or without notice to you.

Accounts

Accounts on the Site may be made available to those over the age of 18 or the age of majority in the potential user's location, whichever is later, or legal entities who truthfully and accurately provide all required information (including a legitimate e-mail address) and obtain a unique username, password, and/or other registration information (collectively, the "Account Information"). You agree and represent that all Account Information provided by you is accurate and up-to-date. If any of your Account Information changes, you must update it. Certain programs or services or certain interactive features of the Site may require you to create an account before you are able to access them. Upon creation of an account of the Site or providing any personal information through the Site, you agree that the information can be used by us in accordance with our Privacy Policy.

You are solely responsible for maintaining the confidentiality of your Account Information, your account and password, and you agree to accept sole responsibility for all activities that occur under your account or password.

Proprietary Rights

You acknowledge and agree that Mendocino Forest Products Company or its licensors or partners own all right, title and interest in and to the Site and the Materials, including, without limitation, all content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, API’s, products, software, services, and all other elements of the Site, and that the foregoing are protected by United States and international copyright, patent, trademark, trade secret or other proprietary rights and laws. Any use of the Site or the Materials other than as specifically authorized herein is strictly prohibited. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Site. Any rights not expressly granted herein are reserved by Mendocino Forest Products Company.

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Mendocino Forest Products Company and others. Those Trademarks include, but are not limited to: MRC®, Mendocino®, TrueGuard®, the Mendocino logo®, Emerald Peat™, and the Emerald Peat logo™. Other product and company names mentioned in this Site may be the Trademarks of their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Mendocino Forest Products Company’s Trademarks may not be used in any way, including in advertising or publicity, without prior, written permission from Mendocino Forest Products Company.

Subject only to Mendocino Forest Products Company’s Privacy Policy, Mendocino Forest Products Company will not treat information you transmit to the Site (including any questions, comments, suggestions, ideas, feedback or other information about the Site) as confidential or proprietary. By sending such information to Mendocino Forest Products Company through the Site, you agree that Mendocino Forest Products Company may use that information in any way, for any purpose, including Mendocino Forest Products Company’s own commercial purposes.

Links to Third Party Sites

This Site may contain links to sites owned or operated by parties other than Mendocino Forest Products Company. Such links are provided only for your reference and your convenience (such as to purchase products). Mendocino Forest Products Company does not control outside sites and is not responsible for their content. Mendocino Forest Products Company’s inclusion of links to an outside site does not imply any endorsement of the material on the site or any sponsorship, affiliation or association with its owner, operator or sponsor. Mendocino Forest Products Company makes no representations whatsoever about any other website that you may access through this Site. The policies at other sites, which may be owned and operated by third parties, may be different from these Terms. Those third party sites’ policies will govern the use of information you provide to them. We encourage you to be aware when you leave our Site and to read the policies of these third party websites.

We prohibit caching, unauthorized hypertext links to this Site, or the "framing", "in-line linking", "deep linking", or "mirroring" of any Materials available on this Site. As such, we reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Materials available on any other website linked to this Site.

Employment

Mendocino Forest Products Company also may make employment information available through this Site. Mendocino Forest Products Company is an equal opportunity employer. Mendocino Forest Products Company provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, veteran status or disability. Mendocino Forest Products Company’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

No Warranties; Exclusion of Liability

MENDOCINO FOREST PRODUCTS COMPANY MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SITE OR THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MENDOCINO FOREST PRODUCTS COMPANY SPECIFICALLY DISCLAIMS ALL GUARANTEES, WARRANTIES AND CONDITIONS OF ANY KIND, REGARDING THE CONDITION, ACCURACY, COMPLETENESS, RELIABILITY, ADEQUACY, FUNCTIONALITY, OR SUITABILITY OF THE SITE OR THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. MENDOCINO FOREST PRODUCTS COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. MENDOCINO FOREST PRODUCTS COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE OR THE MATERIALS, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA CAUSED BY 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 SITE OR ANY MATERIALS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT, OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE OR THE MATERIALS. YOUR USE OF THIS SITE AND THE MATERIALS IS AT YOUR OWN RISK.

IN NO EVENT SHALL EITHER MENDOCINO FOREST PRODUCTS COMPANY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, THE LOSS OR CORRUPTION OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, MALICIOUS INTENT OR INTRUSION BY A THIRD PARTY, VIRUSES, OR ACTIONS OF ANY USER OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE MATERIALS FOR ITS PURPOSES, AND MENDOCINO FOREST PRODUCTS COMPANY SHALL HAVE NO LIABILITY FOR SUCH SELECTION.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Indemnification

You agree to indemnify, defend, and hold harmless Mendocino Forest Products Company and its officers, directors, members, employees, representatives, agents, licensors, suppliers, and affiliates from and against all losses, expenses, liabilities, damages and costs, including reasonable attorneys' fees and court costs resulting from: (a) any violation of these Terms, (b) your use of the Site and the Materials, and (c) any activity related to your account (including, but not limited to, negligent or wrongful conduct by you or any other person accessing the Site using your account or computer).

General

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Mendocino Forest Products Company with respect to the Site and the Materials and the use thereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. No waiver of by Mendocino Forest Products Company of any term or condition set forth 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 Mendocino Forest Products Company 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 of Use will continue in full force and effect.

These Terms shall be deemed to have been made in, and shall be construed pursuant to the laws of, the State of California, without regard to its conflict of laws rules.  The parties agree that any action or proceeding arising out of or related to this Agreement shall be brought exclusively in the federal and state courts located in San Francisco, California, and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR THE MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.