Modified: September 6, 2018
Welcome to our web site (“Site”). We maintain this web site as a service to our members for educational and business purposes only and not to provide any specific advice. By accessing, browsing, or using our Site, you are agreeing to comply with and to be bound by the following terms and conditions. Please review the following terms carefully. If you do not agree to these terms and conditions, you should not use this web site. Note that the terms “we,” “our,” and “us” used below refer to NRF Foundation, Inc.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Web Site Use Agreement Terms & Conditions (“Agreement”) with respect to our Site. This Agreement constitutes the entire and only agreement between us and you, and it supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Site. This Agreement may be amended at any time by us without specific notice to you. The current version of the Agreement will be posted on the Site, and you should review it prior to using the Site.
2. Use of Site
a. Our Limited License to You. The content on this Site includes, but is not limited to, text, photos, videos, infographics, graphics, copyrighted material, trademarks, trade names, service marks, logos, information from our licensors, Submissions (as defined below) and other material (“Content”). As between us and you, ownership of such Content is and remains with us. We grant you a limited, revocable, and nontransferable license to view and use a single copy of the Content solely for your personal use. Except as expressly permitted by us in writing, you are not allowed to modify, copy, reproduce, republish, upload, post, transmit, translate, create derivative works of, incorporate into any information retrieval system, exploit, license, distribute, transfer, sell, or re-sell any Content or any services obtained from this Site.
b. Your License to Us. Some areas of the Site provide the opportunity for you to share knowledge and to post interesting and helpful information directly or via web site links including, but not limited to, remarks, suggestions, ideas, videos, infographics, graphics, material, specifications, white papers, case studies and other information (the “Submissions”). By posting Submissions, you grant to us an irrevocable, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, exploit, perform, display worldwide, and create derivative works from the Submissions for any purpose without compensation to you. You also grant us the right to identify you as the author of your Submissions by name and/or email address. We will not be required to treat your Submissions as confidential. We will not be liable for the Submissions including, but not limited to, any similarities between your Submissions and any existing or future products, services or operations. By your posting Submissions, we are not endorsing your products, services, or business, and under no circumstances may you represent that we are. By posting Submissions, you represent and warrant that either you are the owner of the Submissions or that the owner of the Submissions has consented to your use of it in the manner in which it is used. You acknowledge that you are and will be solely responsible for your Submissions as well as any damages caused by it including, but not limited to, any infringement upon the rights of other parties.
At a minimum, you agree that you will not post Submissions that include any of the following:
i. Anything that interferes with or disrupts the Site or the operation of the Site;
ii. Statements about candidates for political office;
iii. Statements or other material that defames, harasses, abuses, stalks, threatens or in any way infringes on the rights of others;
iv. Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
v. Statements or material that contains vulgar, obscene, profane or otherwise objectionable language or that would not be considered socially or professionally appropriate;
vi. Statements or material that impersonate any other person or entity whether actual or fictitious;
vii. Statements or material that constitute junk mail, spam or unauthorized advertising or promotional material; and
viii. Files that contain malicious code, viruses, corrupted files or any other software that may damage the operation of another’s computer system.
c. Compliance with Law. You agree that your use of the Site will comply with all applicable laws.
By using this Site:
a. You represent that all registration and other information you submit, if any, is truthful and accurate
b. You agree to maintain the accuracy of any information you provide
c. You agree that you will not submit any personal information if you are under the age of thirteen
d. Your use of the Site does not violate any applicable law or regulation.
You may create and/or receive a username, password, or account for use of the Site. In such case, you are responsible for maintaining the confidentiality of the password, and you are responsible for all activities that occur under your password, username and account. We assume no liability for any loss or damage from any unauthorized use of your password or account by a third- party.
You represent and warrant that if you are purchasing a service or product from us on our Site or on a third-party web site, any credit information you supply is true and complete and that charges, including applicable taxes, incurred by you will be honored by your credit card company or you will pay the charges.
4. Third-Party Services and Links to Other Websites
Our Site may allow access to or promote third-party product and/or service providers and sponsors (“Merchants”) from whom you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to any transactions entered into between you and Merchants.
In addition, this Site may contain links to websites operated by other parties. We provide these links to other websites as a convenience and use of these sites is at your own risk. The linked sites have not been reviewed or monitored by us, are not owned or operated by us, and are not under our control, and we are not responsible for the content available on the other sites or any information that you provided on such sites. Inclusion of any linked web site in our Site does not imply our approval or endorsement of information or material on these web sites by us.
USE OF MERCHANTS’ AND OTHER THIRD-PARTY WEB SITES, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT, CONCERNING MERCHANT AND THIRD-PARTY WEBSITES. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE CONTENT, MATERIALS, ACCURACY OR QUALITY OF PRODUCTS OR SERVICES ON THIRD-PARTY WEB SITES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM: (A) YOUR ACCESS TO AND USE OF MERCHANTS’ SITES OR ANY OTHER SITE LINKED TO OUR SITE, (B) THE TRANSACTIONS BETWEEN YOU AND MERCHANTS AND ANY THIRD PARTIES, OR (C) ANY INFORMATION, SERVICE OR PRODUCT APPEARING ON MERCHANTS’ WEB SITES OR ANY OTHER SITE LINKED TO OUR SITE.
5. Links to Our Site
Unless otherwise set forth in a written agreement between you and us, you agree to the following when linking to our Site:
a. The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our trademarks and names.
b. The appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by or otherwise associated with us.
c. When selected by a user, the link must display this Site on full-screen and not within a “frame” on the linking web site.
d. We reserve the right to revoke access to the link and the related website at any time and in our sole discretion.
You agree to indemnify, defend, and hold harmless NRF Foundation, Inc., and our current and future directors, affiliates, subsidiaries, officers, staff, and product and service providers (“Affiliated Parties”) from and against all liability, loss, claim and expense, including reasonable attorneys’ fees and legal fees, related to your violation of this Agreement or related to your use of the Site or its Content.
7. Disclaimer and Limitations
THE SITE AND THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM TO THE EXTENT ALLOWED BY APPLICABLE LAW, NARROWLY CONSTRUED, ALL LIABILITY FOR ALL CONTENT ON THIS SITE DRAFTED OR SUPPLIED BY PARTIES OTHER THAN NRF FOUNDATION, INC. THE SITE AND ITS CONTENT, INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SITE CONTENT, INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT AS OTHERWISE REQUIRED BY LAW. IN ADDITION, THE AFFILIATED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. THE LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, CONTENT AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT PROVIDE LEGAL ADVICE NOR DO WE ENTER INTO ANY ATTORNEY-CLIENT RELATIONSHIP. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN AN ELECTRONIC FILE ACCESSED THROUGH THE SITE IS DISCLAIMED. OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION PROVIDED ON THIS SITE.
8. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property
We respect the intellectual property of others and take the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. We therefore employ measures to prevent copyright and other intellectual property infringement on the Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
National Retail Federation
1101 New York Avenue, N.W., Suite 1200
Washington D.C. 20005
Fax: (202) 737-2849
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include the following information:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
b. Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by the notice, a representative list of such works;
c. Identification of the material that you claim is infringing or you claim is the subject of infringing activity and that should be removed or access to which should be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and email address;
e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
f. A statement by you that the notification is accurate, and under penalty of perjury, that you are the owner of the copyright or other intellectual property or that you are authorized to act on behalf of the owner of the copyright or other intellectual property.
9. Information and Press Releases
THE SITE CONTAINS INFORMATION AND PRESS RELEASES ABOUT US. WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION OR ANY PRESS RELEASES. Information about organizations other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.
Notwithstanding any of the terms of this Agreement, we reserve the right to discontinue the Site and to terminate your use of the Site which includes blocking your access to the Site and its Content or any portion of it at any time without notice and in our sole discretion.
This Agreement is the complete agreement and supersedes all prior or contemporaneous understandings, negotiations and communication, whether oral or written, with respect to the subject matter hereof. Only NRF Foundation may modify this Agreement, and it may do so at any time without notice. You should check our Site to be informed of our current policy. Modifications will be in effect upon posting to the Site. This Agreement shall for all purposes be governed and construed in accordance with the laws of the District of Columbia without regard to its choice-of-law rules, and any legal action or proceeding arising out of this Agreement or related to the Site will be brought and resolved exclusively in the federal and local courts of the District of Columbia or by dispute resolution proceedings held in Washington, D.C., USA. Any cause of action or claim you may have with respect to this Agreement or this Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
13. Additional Questions
Thank you for your cooperation. Questions or comments regarding the Site except for claims addressed under Section 8 above should be directed by electronic mail to email@example.com.