Mywey.com Terms and Conditions of Use
The mywey.com Web Site, which includes sites beginning with https://wss.weyerhaeuser.com, ("Web Site") is an Internet web site that allows for communication of business related information between Weyerhaeuser Company ("Weyerhaeuser") and various Weyerhaeuser Trading Partners ("Trading Partner").
1. General Information. Mywey.com is controlled and managed by Weyerhaeuser or its agents. Weyerhaeuser reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time.
2. Network Integrity.
a. As a condition of Trading Partner's use of the Web Site, Trading Partner
agrees not to use the Web Site for any unlawful purpose or any purpose
prohibited by this Agreement.
b. Trading Partner, shall not: (i) use any device, software or technique to
interfere with or attempt to interfere with the proper working of the Web Site;
(ii) post or transmit to the Web Site, any unlawful, fraudulent, harassing,
libelous, or obscene information of any kind; (iii) post or send to the Web Site
any information that contains a virus, bug, or other harmful item; (iv) post or
transmit into or on the Web Site, any information in violation of another
party's copyright or other intellectual property rights; (v) knowingly take any
action which imposes an unreasonable or disproportionately large load on the Web
Site infrastructure; (vi) use any device or technology to provide repeated
automated attempts to access any portion of the Web Site, (vii) use the Web Site,
in any manner that could damage, disable, overburden, or impair the Web Site or
interfere with any other party's use and enjoyment of the Web Site; (viii)
attempt to gain unauthorized access to any service offered on the Web Site,
including but not limited to access through other accounts not registered to
Trading Partner, through any means; (ix) pass User-IDs or passwords to any third
party without written consent from Weyerhaeuser; and (x) pass Weyerhaeuser
information and documents to any third party outside Trading Partner's
organization without the prior written consent of Weyerhaeuser.
c. Trading Partner shall not obtain or attempt to obtain any
information through any means not intentionally provided to Trading Partner by
Weyerhaeuser. In addition, Trading Partner shall not copy, modify, adapt,
reproduce, translate, distribute, transmit, reverse engineer, de-compile, or
dissemble any aspect of the Web Site. Actual or attempted unauthorized use of
the Web Site may result in criminal and/or civil prosecution.
d. Trading Partner acknowledges that Weyerhaeuser has the right,
but no obligation, to monitor the Web Site, and to disclose any information
necessary to operate the Web Site, to protect Weyerhaeuser, and Weyerhaeuser
Trading Partners and licensees, and to comply with legal obligations or
governmental requests. Weyerhaeuser reserves the right to refuse to post or to
remove any information in the Web Site, in whole or in part, for any reason.
e. Trading Partner acknowledges that their user account
information (including but not limited to User-ID’s or passwords) is
Weyerhaeuser confidential information and shall only be disclosed to those
Trading Partner employees that have a need to know. Trading Partner shall
notify Weyerhaeuser within forty-eight (48) hours upon the termination or
resignation of any Trading Partner employee having access to Trading Partner’s
user account information.
f. Trading Partner shall comply with all governmental laws,
statutes, ordinances, and regulations (including unfair competition,
anti-discrimination or false advertising) regarding or relating to your use of
the Web Site.
3. Access to the Web Site. In order to access and interact with the Web
Site, Trading Partner must be able to operate and maintain the necessary
software and hardware, including, without limitation, Web browser software and
appropriate communications infrastructure. Acquiring, installing, maintaining
and operating any software and hardware needed to do so is solely Trading
Partner's responsibility. Weyerhaeuser is in no way responsible or liable for
Trading Partner's access to the Internet, including without limitation any
connection speed issues, bandwidth or latency-related problems that may affect
Trading Partner's ability to access and use the Web Site.
4. Remote Access. Weyerhaeuser makes no representation that materials
in the Web Site are appropriate or available for use in all locations. Those who
choose to access this Web Site do so on their own initiative and are responsible
for compliance with applicable local laws. Trading Partner shall not use or
export the materials in violation of U.S. export laws and regulations.
5. Termination. Weyerhaeuser retains the right to terminate
Trading Partner's access to the Web Site for any reason at any time without
prior notice. Should Trading Partner wish to discontinue Web Site use, Trading
Partner shall have the right to terminate this Web Site Agreement upon thirty
(30) days written notice to Weyerhaeuser. After such time, Trading Partner shall
have no right to use or otherwise access the Web Site.
6. Developments. It is not the intent of this Agreement to
provide for joint developments. It is understood that each party is an
independent contractor and it is not the intent of this Agreement to create a
partnership, agency, joint venture or employer-employee relationship.
7. Disclaimer. ALL MATERIALS PLACED IN THIS WEB SITE BY WEYERHAEUSER ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEYERHAEUSER DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE,
INFRINGEMENT OR OTHERWISE. WEYERHAEUSER DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB
SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEYERHAEUSER
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. TRADING PARTNER (AND NOT WEYERHAEUSER)
SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
WEYERHAEUSER DOES NOT REPRESENT OR WARRANT THAT ANY MATERIAL IN THIS WEB SITE IS
CORRECT, COMPLETE, OR UP-TO-DATE. WEYERHAEUSER MAY CHANGE OR DELETE MATERIAL ON
THIS WEB SITE WITHOUT NOTICE AT ANY TIME. THEREFORE, USE OF THESE MATERIALS IS
AT THE TRADING PARTNER 'S OWN RISK. WEYERHAEUSER WILL MAKE REASONABLE EFFORTS
TO MAKE THE WEB SITE AVAILABLE DURING BUSINESS HOURS BUT EXPRESSLY DISCLAIMS
LIABILITY IN THE EVENT THAT THE WEB SITE IS UNAVAILABLE FOR ANY REASON
WHATSOEVER.
8. Limitation of Liability. IN NO EVENT
SHALL WEYERHAEUSER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF
USE, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO
USE ANY MATERIAL AVAILABLE FROM THIS WEB SITE.
9. Miscellaneous.
(a) Each party shall bear its own expenses under this
Agreement. Each party shall assume all risk for damage to its property and
injury or death to its employees and agents under this Agreement and hereby
releases the other party and shall hold the other party harmless from any and
all liabilities, claims or causes of action for any injury, disease, sickness or
damage to person or property arising under this Agreement.
(b) This Agreement contains the entire understanding between
the parties with respect to the access and use of the Web Site, and merges all
prior discussions and negotiations with regards to the access and use of the Web
Site.
(c) The provisions of this Agreement shall be construed, and the
performance thereof shall be enforced, in accordance with the laws of the State
of Washington, United States of America, without giving effect to its laws,
rules or principles regarding conflict of laws. Trading Partner agrees that any
action at law or in equity arising out of or relating to these terms shall be
filed only in the state or federal courts located in King County Washington and
Trading Partner hereby consents and submits to the personal jurisdiction of such
courts for the purposes of litigating any such action.
(d) In the event that any portion of this Agreement not vital
to the main purpose of this Agreement shall be held illegal, void or
ineffective, the remaining portions of the Agreement shall remain in full force
and effect.