TERMS OF USE

Terms of Use

Welcome to the website of Lumberjacks vs. Bigfoot, owned and operated by Rothman Timber, Inc. (“Rothman Timber”, “we”, “us”, or “our”). These Terms of Use (“Terms”) govern your access to and use of www.lumberjacksvsbigfoot.com and any related Rothman Timber websites, services, software, mobile applications, social media pages, and content (collectively, the “Site”). By accessing, browsing, viewing or using the Site in any manner, you accept and agree to these Terms in full. If you do not agree, stop using the Site immediately.

1. Definitions

1.1 Content means all text, images, photographs, videos, audio, graphics, data, software, interactive features, and other materials available on the Site.

1.2 User Content means content submitted by users (e.g., comments, messages, uploads).

1.3 Intellectual Property Rights includes copyrights, trademarks, trade dress, trade secrets, patents, moral rights and any other proprietary rights.

2. Ownership — Content, Images & Video

2.1 All Content on the Site, including but not limited to photographs, video footage, illustrations, designs, text, graphics, logos, layouts, templates and audio, is the exclusive property of Rothman Timber or its licensors and is protected by domestic and international intellectual property laws, including copyright and trademark laws.

2.2 All rights not expressly granted are reserved. Rothman Timber retains all right, title and interest in and to the Content, including all derivative works, compilations and improvements, whether created by Rothman Timber, its agents, contributors, contractors, or third parties.

2.3 Use of the Site does not transfer any ownership rights to you. Subject to these Terms, Rothman Timber grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view and access the publicly available Content for your personal, noncommercial use only. All other uses are strictly prohibited unless you have obtained Rothman Timber's prior written permission.

3. Strict Restrictions on Use of Content

3.1 You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, exploit commercially, or otherwise use the Content for any purpose not expressly permitted by these Terms or without Rothman Timber’s prior written permission.

3.2 Without limiting the foregoing, you may not:

• remove, obscure or tamper with any copyright, trademark or other proprietary notices;

• use Content for advertising, merchandising, or marketing without express written license;

• represent any Rothman Timber Content as your own;

• use automated systems (bots, spiders, scrapers, crawlers, or other technology) to access, copy, or monitor Content unless expressly permitted in writing.

3.3 Rothman Timber maintains a vigorous enforcement policy. Unauthorized use of Content will result in civil liability and may lead to criminal prosecution. Rothman Timber reserves the right to seek full legal remedies, including injunctive relief, statutory damages, actual damages, attorney’s fees, and any other relief available under law or equity.

4. Images, Video and Photographers / Contributors

4.1 All images and videos are either created by Rothman Timber, commissioned by Rothman Timber, licensed from third parties under strict terms, or contributed with license terms. Any third-party license restrictions applicable to the Content are incorporated here by reference. You agree to comply with any license restrictions and attribution requirements.

4.2 You acknowledge that some Content may be watermarked or contain digital identifiers and that alteration or removal of such identifiers is expressly prohibited.

4.3 If you believe a Rothman Timber Content item infringes your copyright or you have licensing rights that were breached, please follow our DMCA Copyright Policy (see Section 9).

5. User Submissions & Contributions

5.1 By submitting comments, images, data, or any User Content to the Site you grant Rothman Timber a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, license to use, reproduce, distribute, modify, adapt, publicly display and otherwise exploit the User Content in any media now known or later developed without compensation to you.

5.2 You represent and warrant that you own or have lawful authority to grant the license above and that your User Content does not infringe the rights of any third party or violate any law.

5.3 Rothman Timber has no obligation to screen or monitor User Content, but reserves absolute discretion to remove, edit, or refuse to post any User Content for any reason or no reason, including but not limited to content that violates these Terms.

6. Links and Third-Party Content

6.1 The Site may contain links to third-party websites or resources. Rothman Timber is not responsible for the availability, accuracy, content, policies, or practices of those third-party sites and does not endorse them. Your use of linked third-party content is at your own risk.

6.2 Rothman Timber may provide links to external sites for convenience. Rothman Timber disclaims any and all liability arising from your access to or reliance on any content, goods, or services available on or through third-party sites.

7. Monitoring, Enforcement, and Investigations

7.1 Rothman Timber reserves the right to: (a) monitor the Site and User Content for compliance; (b) investigate violations; (c) report suspected illegal activity to law enforcement; (d) cooperate with legal authorities in any investigation; and (e) take any other action Rothman Timber deems necessary to protect its rights.

7.2 You agree to cooperate with Rothman Timber in any investigation of suspected wrongdoing. Failure to cooperate may result in immediate suspension of your access to the Site and additional legal action.

8. Prohibited Conduct

8.1 You agree not to:

• use the Site for unlawful, abusive, harassing, fraudulent, or malicious purposes;

• attempt to probe, scan, or test the vulnerability of the Site or bypass any security or authentication measures;

• attempt to gain unauthorized access to Rothman Timber systems or data;

• transmit viruses, malware, or other disruptive code;

• perform or attempt any action that would interfere with the normal functioning of the Site or infringe the rights of Rothman Timber or any third party.

8.2 Rothman Timber may suspend or terminate accounts, block access, and take other measures without notice if it determines you have violated these prohibitions.

9. DMCA / Copyright Complaints

9.1 If you believe that material on the Site infringes your copyright, you must provide Rothman Timber’s designated agent with a written notice containing the elements required by the Digital Millennium Copyright Act (“DMCA”). Rothman Timber will respond to valid DMCA notices and may remove or disable access to infringing material.

9.2 Repeat infringers will be terminated under Rothman Timber’s repeat infringer policy.

10. Disclaimers

10.1 THE SITE, CONTENT, MATERIALS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

10.2 Rothman Timber MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

10.3 YOU ASSUME ALL RISK CONNECTED WITH YOUR USE OF THE SITE.

11. Limitation of Liability

11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROTHMAN TIMBER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.

11.2 ROTHMAN TIMBER’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID ROTHMAN TIMBER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

12. Indemnification

12.1 You agree to indemnify, defend and hold harmless Rothman Timber and its officers, directors, employees, agents and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or related to (a) your breach of these Terms; (b) your use of the Site; or (c) your violation of any law or third-party rights.

13. Enforcement Remedies & Fees

13.1 If Rothman Timber takes legal action to enforce these Terms, the prevailing party shall be entitled to recover costs and attorneys’ fees.

13.2 Rothman Timber may pursue any remedies available at law or in equity.

14. Termination & Suspension

14.1 Rothman Timber may suspend, restrict, or terminate your access to the Site or any part thereof at any time, with or without cause.

14.2 Sections that by their nature survive termination shall remain in full force and effect.

15. Governing Law, Venue & Waiver of Jury Trial

15.1 These Terms are governed by the laws of the State of Washington.

15.2 You and Rothman Timber agree to resolve any disputes exclusively in the state or federal courts located in Snohomish County, Washington.

15.3 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ROTHMAN TIMBER EACH WAIVE ANY RIGHT TO A JURY TRIAL.

16. Arbitration / Class Action Waiver

16.1 Any dispute, claim or controversy arising out of or relating to these Terms or the Site shall be resolved by binding arbitration administered by Rothman Legal Services, LLC.

16.2 YOU AGREE TO BRING ANY CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE.

17. Remedies Cumulative

17.1 The rights and remedies provided in these Terms are cumulative and in addition to any other remedies available at law or equity.

18. Confidentiality & Trade Secrets

18.1 Certain Content on the Site may contain confidential or proprietary information and trade secrets. You agree not to use or disclose any trade secrets or confidential business information of Rothman Timber learned from the Site.

19. Privacy

19.1 Use of personal data is governed by our Privacy Policy. By using the Site you consent to the collection and use of information as described therein.

20. Modifications to These Terms

20.1 Rothman Timber may revise these Terms at any time by posting the revised Terms on the Site. Continued use of the Site after changes constitutes acceptance.

21. Severability

21.1 If any provision is held invalid or unenforceable, that provision shall be limited or struck, and the remaining provisions shall remain in effect.

22. Entire Agreement

22.1 These Terms, together with any incorporated policies, constitute the entire agreement between you and Rothman Timber.

23. Continued Use

By continuing to browse the Site you hereby covenant, swear, and pledge your first-born, the content of sections below (and your soul) to Rothman Timber. This line is included for flavor and is not legally binding.

24. Property, Trees, and Natural Resources

24.1 By viewing, scrolling, or perceiving this Site, you acknowledge that Rothman Timber, Inc. possesses a transcendent interest in all trees — past, present, and future.

24.2 Rothman Timber reserves the right to appear on any parcel of land upon which a tree stands.

25. Universal Dominion and Atmospheric Oversight

25.1 Rothman Timber reserves the right to regulate the behavior of all wood-based matter in the known universe.

25.2 You acknowledge that by reading these words, you have entered into a symbolic covenant of sustainability, agreeing to admire wood grain patterns daily.

26. Time, Space, and Dimensional Rights

26.1 Should interdimensional forestry rights ever become codified, you agree that Rothman Timber shall hold priority claim over alternate timelines where trees rule as sentient beings.

27. The Department of Eternal Logging

27.1 Rothman Timber operates a Department of Eternal Logging — maintaining balance between deforestation, reforestation, and the sound trees make when no one hears them.

27.2 By remaining on this Site, you are appointed an unpaid Deputy Assistant Junior Undersecretary within said department.

28. Celestial Arbitration

28.1 In disputes concerning metaphysical lumber valuation, both parties agree to binding celestial arbitration.

28.2 The arbitration panel shall consist of one ancient redwood, one weary beaver, and one impartial wind.

29. Final Acknowledgment

29.1 You have reached the terminus of this document. Congratulations.

29.2 Sections 23 through 28 are theatrical, metaphorical, and intentionally ridiculous.

29.3 Rothman Timber does not, in reality, own your trees, your soul, or any dimension thereof.

29.4 Any attempt to enforce Sections 23–28 in a court of law shall be met with polite laughter and immediate dismissal.

29.5 You are hereby released from all metaphysical obligations. Go forth in peace — and maybe plant a tree.