Plum Creek Timber Company, Inc.

Terms Of Use

These terms use set forth the agreement between you and Plum Creek Timber governing your use of this Web site. Please read this agreement carefully before using this Web site. BY ACCESSING AND USING THIS WEB SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE IN ANY MANNER.

I.  Copyright and Trademarks

            All Web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of Plum Creek Timber or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Plum Creek Timber or using this Web site as a shopping vehicle. Any other use of materials on this Web site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Plum Creek Timber, is strictly prohibited.

            Plum Creek Timber, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Plum Creek Timber or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this Web site are the property of their respective owners.

II. Your Usage of Web site; Termination of Usage

            Account.  You agree to maintain the security of your account on the Web site, including the security of your password and other confidential information relating to the use of the Web site and your account on the Web site. You agree to be responsible for all charges resulting from the use of your account on the Web site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Plum Creek Timber.

            Lawful Purpose.  You agree to use this Web site only for lawful purposes, and that you are responsible for your use of and communications on the Web site.  You are responsible for compliance with applicable local laws. You agree not to post on or transmit through this Web site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Web site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Web site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the Web site or material thereon.

            Violation.  You agree that Plum Creek Timber may terminate or suspend your access to all or part of this Web site, without notice, for any conduct that Plum Creek Timber, in its sole discretion, believes is in violation of these terms of use or any applicable law or is harmful to the interests of another user, Plum Creek Timber or its affiliates.

III. No Warranty; Disclaimer

            Plum Creek Timber is providing this Web site and its contents on an "as is" basis. Plum Creek Timber and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this Web site or its contents, including without limitation the products, information or services offered or sold on or through this Web site or any other Web site to which this Web site links the uninterrupted and error-free use of this Web site. Plum Creek Timber and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Plum Creek Timber and its affiliates do not warrant that the Web site or files available on the Web site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Plum Creek Timber or its affiliates will create any warranty not expressly set forth herein. Your use of this Web site and any linked Web site is at your sole risk.

IV. Limitation of Liability

            Plum Creek Timber and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this Web site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the Web site, or (vii) for any other matter relating to this Web site or any linked Web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Plum Creek Timber and the user. The products, information and services offered on and through this Web site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.

            Notwithstanding the foregoing, the sole and entire maximum liability of Plum Creek Timber and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Plum Creek Timber on this Web site.

V. Indemnity

            You agree to indemnify, defend and hold harmless Plum Creek Timber and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Web site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Web site, your violation of these terms of use, your infringement or violation of any rights of another, or termination of your access to this Web site.

VI. Privacy and Child Protection

Plum Creek Timber respects the privacy of its users.  Our privacy policy can be found at http://www.plumcreektrees.com.  By using the Web site, you are consenting to the terms of our privacy policy.

VII. Applicable Law; Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Florida and further agrees that any cause of action arising from or relating to the use of this Web site or this agreement shall be brought exclusively in a court in King County, Washington.

            Plum Creek Timber strictly follows all national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States or abroad.

VIII. Severability; Interpretation

            If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."

IX. Entire Agreement; Amendments

            This agreement constitutes the entire agreement between you and Plum Creek Timber and your use of the Web site, superceding any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. Plum Creek Timber may, in its sole discretion, amend these terms of use from time to time.

X. No Waiver

            The failure of Plum Creek Timber or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Web site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty; Disclaimer" and "Limitation of Liability" provisions of this agreement are for the benefit of Plum Creek Timber and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

XI. Acceptance of Terms of Use

            Your use of our Web site, including any dispute concerning privacy, is subject to these terms of use and the privacy policy.  BY USING OUR WEB SITE, YOU ARE ACCEPTING THESE TERMS OF USE AND OUR PRIVACY POLICY.  These terms of use are subject to change at any time. In the event of any change, we will post the revised terms on our Web site with a link on our home page.  Your continued use of any portion of our Web site following the posting of any updated terms of use will constitute your acceptance of those changes.

XII. Effective Date

            These terms of use were last revised on December 6, 2005.