TERMS OF USE

BY USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE.

Your access to and use of this site are subject to these Terms of Use, as well as all applicable laws and regulations. By accessing, browsing and/or using the Site, you acknowledge that you have read and understood these Terms of Use, and that you agree to be bound by these Terms of Use, without limitation or qualification.

CONTENT

The contents on earthkeeper.com, including, but not limited to, all text, graphics, photographs, illustrations, logos, images, trademarks, service marks and other material ("Materials") are protected by U.S. and international laws and owned by The Timberland Company or others, with all rights reserved unless otherwise noted. Unauthorized use of Materials may violate trademark, copyright and other applicable law. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of The Timberland Company and/or its licensors. Subject to your full compliance with these Terms of Use, you are authorized to download a single copy of them, but only for your own lawful, personal, non-commercial use, and provided further that you must retain all copyright and other proprietary notices contained in the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. Any rights not expressly granted herein are reserved.

Timberland, Earthkeepers, Mountain Athletics, and Green Index are trademarks of The Timberland Company or its affiliates. Green Rubber and DeLink are trademarks of Elastomer Technologies Ltd.
All other trademarks or logos that appear in this copy are the property of their respective owners. @ 2009 The Timberland Company. All rights reserved.

USER SUBMISSIONS

The Timberland Company does not claim ownership of any information or material a user posts, uploads, or submits to earthkeepers.com ("Submission"). Any Submission will be treated as non-confidential and non-proprietary. By making a Submission, and to the extent not prohibited by law, you (i) automatically grant The Timberland Company and each of its affiliates, licensees, and agents the absolute, unrestricted, irrevocable, worldwide, royalty-free right, license and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the Submissions, in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, and in any manner, for trade, advertising, promotional, commercial or any other purposes without further review, notice, approval, consideration, or compensation; (ii) waive and release The Timberland Company and each of its affiliates, licensees, and agents from any and all claims that you may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the exploitation of a Submission without further notification or compensation; and (iii) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against The Timberland Company and each of its affiliates, licensees and agents in connection with the Submission. Notwithstanding the foregoing, The Timberland Company shall have obligation to use any Submissions. You represent and warrant that you have obtained all of the rights, licenses, and permissions from each person who appeared in or helped to create the Submission.

COMMENTING GUIDELINES

Establishing trust and relationships are important prerequisites for collaborative, reflective engagement and learning, and take time to develop.  Please consider the following expectations when engaging within the Earthkeeper.com website:

• Constructive Dialogue: We welcome the opportunity to think and share ideas with thought leaders, practitioners, stakeholders, and others. Our premise of dialogue is structured around the notion that exchange can lead to social change. We ask that comments on this site reflect a willingness to engage productively.
• Credibility: We ask that comments reflect your individual opinions and that you do not impersonate anyone else. Please do not post content that includes false information or information that is misleading, inaccurate, fraudulent, deceptive or illegal.
• Consideration for Other Participants: We request that participants comment in a respectful and courteous way that shows regard for other participants. Inflammatory and insulting comments are prohibited, and we request that participants do not post comments that are offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, or vulgar.
• Relevance: We ask that participants connect their thoughts to the specific topic or question posted. 
• Examples: We welcome the opportunity for participants to share specific examples and/or approaches of other companies or organizations.
• Challenges & Different Positions: Timberland welcomes the opportunity for participants to challenge us, themselves and/or other dialogue participants provided it is done so in an open and respectful manner. We view challenges as an opportunity to learn from others who might push or educate us.

TIMBERLAND’S COMMITMENT

In exchange for stakeholder participation, Timberland commits to the following:

• Timberland will abide by the same Guidelines we ask of participants.
• Timberland will likely not respond to every comment and/or question posed to all participants in the dialogue. We aim for the conversation to build from multiple stakeholders’ participation, and will refrain from treating the dialogue as a “Q+A” with Timberland only.
• Timberland will answer all Timberland-specific questions as part of our efforts to be transparent and responsive. We’ll do so as quickly as we can.  
• Timberland will act as a moderator when appropriate, to steer the conversation towards one or more ideas posed by the group and/or to ensure the Guidelines are adhered to.
• Timberland commits to ensuring our site is not censored, but we will moderate the discussion in accordance with the Guidelines in this document.

If you have questions or concerns about this site, please contact us at csrinfo@timberland.com.

USE OF THE SITE

You are prohibited from using the site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, hateful, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are also prohibited from using the site to advertise or perform any commercial solicitation.

The Timberland Company will cooperate fully with any law enforcement authorities or any court order requesting or directing The Timberland Company to disclose the identity of anyone posting or transmitting any information or materials on, to or via this site.

The Timberland Company reserves the right, in its sole discretion, to terminate your access to the site, or any portion thereof, at any time, without notice.

PRIVACY

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by The Timberland Company in accordance with the site's Privacy Policy. Any other communication or material you transmit to the site, including without limitation questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

DISCLAIMER OF WARRANTIES

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS," AND EXCEPT AS PROHIBITED BY LAW, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Without limiting the foregoing, The Timberland Company does not make, and hereby disclaims, any representations, warranties or guarantees as to the truthfulness, completeness, accuracy, non-infringement or reliability of any information or material posted, uploaded, input or submitted to the site by users. The Timberland Company does not endorse any statements, representations or opinions expressed by users on this site and assumes no responsibility with respect thereto. Your reliance on information or material posted, uploaded, input or submitted to this site by other users shall be at your own risk.

EXCLUSION OF LIABILITY

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE TIMBERLAND COMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE OR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

LINKS TO THIRD PARTY SITES

For your convenience, this site may contain links to sites owned or operated by parties other than The Timberland Company. The Timberland Company does not control and is not responsible for the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, The Timberland Company specifically disclaims any and all responsibility with respect to the content or accuracy of materials on such sites.

The Timberland Company does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk.

EXPORT CONTROL

Software and other material available on this site may be subject to United States export controls, which prohibit the export of certain technical data and software to certain countries. No software from this site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iran, Iraq, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders. This list is subject to change and you must comply with the list as it exists in fact.

By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

REVISIONS TO THE TERMS

The Timberland Company may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.

MISCELLANEOUS

The Timberland Company’s headquarters are located in the State of New Hampshire, United States of America. The Timberland Company makes no representations or warranties that the Materials or any other content on the site are appropriate or may be downloaded 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 of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver by The Timberland Company of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

LAW AND JURISDICTION

These Terms of Use and your use of the Site are governed by the laws of the State of New Hampshire, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Rockingham County, New Hampshire, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use.

© 2009 The Timberland Company. All Rights Reserved.
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