Acceptance of Terms Through Use
You agree that you are only authorized to visit, view, and retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and software on this Site is the property of Smart Retailer and is protected by U.S. and international copyright laws.
We may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense, or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.
Representations By You
By visiting the Site, you represent, warrant, and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate, or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of Smart Retailer or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify Smart Retailer of any potential unauthorized use(s) of your account, or breach of security.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Smart Retailer in its sole discretion deems offensive.
The Blog (web log) Page of this website allows users to provide feedback to writers and editors at Smart Retailer and provides a forum for real-time interaction between users of this website. Responsibility for what is posted on the Blog Page lies solely with each user—you alone are responsible and shall be held accountable for the material you post. Neither Smart Retailer nor its publisher, Emmis Publishing, L.P., controls the messages, information, or materials that you or others may submit to and through the Blog Page. It is a condition of your use of the Blog Page that you do not:
1. Use the Blog Page to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
2. Use the Blog Page to post or transmit any information or material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
3. Restrict or inhibit any other user from using and enjoying the Blog Page.
4. Use the Blog Page to post, transmit, or in any way exploit any information or material for commercial purposes or that contains advertising.
5. Use the Blog Page to advertise or solicit to anyone, to buy or sell products or services, or to make donations of any kind.
6. Gather, for any purpose, the e-mail addresses that have been posted by other users of the Blog Page.
License Granted by You
By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing, or marketing products or services.
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor. Your decision to make purchases from any such advertiser or sponsor is completely voluntary and within your sole discretion. You are solely responsible for payment of all costs or fees associated with any such purchase, including payment of all shipping charges, applicable sales tax, or other taxes, assessments, or fees imposed by applicable law.
No Commercial Use
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Smart Retailer’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Smart Retailer will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
Links and Search Results
The Site may contain windows or hyperlinks which provide access to other websites not affiliated with the Site or with us (hereinafter the “External Websites”), or to informational content provided by the External Websites. Your use of such External Websites or informational content, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such External Website.
We do not endorse and are not liable for the content of any External Website, and do not make any representations or warranties concerning any informational content or materials available on such External Website, including that they will not contain viruses or otherwise impact your computer. We have no control over these External Websites or the content within them. We do not guarantee, represent or warrant that the content contained in any External Website is accurate, legal and/or inoffensive. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against us for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. You acknowledge, understand, and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any informational content, products, services, software, or other materials available on or provided by any External Website. If you have a problem with a link from the Site, you may notify us at email@example.com.
If you are notifying Smart Retailer of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512:
1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
2. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement
Director of Internet Technologies
PO Box 5000
Iola, WI 54945
ALLOCATION OF RESPONSIBILITY
We assume no responsibility for the activities, omissions, or other conduct of users. We act as a portal for the online distribution and publication of information and have no obligation to screen communications or information in advance and are not responsible for screening or monitoring information posted by vendors on External Websites. If notified by a user of an External Website that grossly violates and/or does not conform to the reasonable principles and ethics of society, we may investigate the allegation and determine in good faith and determine, in our sole discretion, whether to remove or request the removal of the link to such External Website. We have no liability or responsibility to users for performance or nonperformance of such activities. We may take any action with respect to External Websites that we deems necessary or appropriate, in our sole discretion.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER SMART RETAILER, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER EMMIS, SMART RETAILER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR AN EXTERNAL WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF A USER’S ACCESS TO, OR USE OF, THE SITE OR ANY EXTERNAL WEBSITE. You assume all risk of errors and/or omissions in the Site, including the transmission or translation of information. In addition, you acknowledge, understand, and agree that there are risks, including but not limited to, the risk of physical harm, the risk of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with the vendors with whom you comes in contact with through the Site or any External Website. You assume full responsibility for implementing sufficient procedures and updates to satisfy your requirements for the accuracy and suitability of the Site, including the information provided thereon, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge, understand, and agree that your use of the Site, any External Website accessed there through, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO USER’S COMPUTER SYSTEM OR OTHER PROPERTY.
You agree to defend, indemnify, and hold Smart Retailer, Jones Publishing, and our subsidiary and other affiliated companies, and their employees, contractors, officers, and directors harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Smart Retailer makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export, or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.
Choice of Law
Integration and Severability
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