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Welcome to
AmericanRetailer.us (the "Site"), an online service of American Retail
Distributors. By using the Site you agree to the following terms
and conditions.
User Conduct
The Site and its contents,
including but not limited to articles, newsletters, graphical images,
interactive applications, audio and video material, compilations of
material, and the user interface (the "Content") are the property and
copyrighted material of American Retail Distributors, its licensors
and vendors. "Content" also includes any material from the Site that
American Retail Distributors delivers to you through e-mail. You may
display the Content and otherwise use the Site solely for your
personal, noncommercial use. You may not modify, copy, distribute,
forward, display, repost, reprint, sublicense, create derivative works
from, transfer, link to, quote or sell any content except as expressly
permitted by the copyright laws, in this Agreement, or in the Site's
Permission Services section.
Soles logos, product names
and trade names are trademarks or registered trademarks of the
company. All trademarks used on the Site are the property of their
respective owners. The Soles trademarks may be used only with the
express permission of Soles Inc.
User Participation
You may post material to
message boards, forums and other interactive areas of the Site.
However, you may not post any material that (1) is defamatory,
libelous, obscene, indecent, abusive or threatening to others; (2)
infringes the copyright, trademark or other right of any third party;
(3) uploads viruses or other contaminating or destructive features;
(4) is commercial in nature; or (5) is in violation of any applicable
laws or regulations. You are solely responsible for ensuring that any
material you post complies with the foregoing conditions and will
indemnify American Retail Distributors, its officers and employees
from and against all claims, liabilities, judgments, damages and costs
(including attorney's fees) which arise out of materials you have
posted on the Site. If American Retail Distributors becomes aware of
any material that it believes may violate the foregoing conditions, it
may, at its sole discretion, modify or remove the material.
You grant to American
Retail Distributors the right to copy, publish, distribute, modify,
translate and otherwise use in any medium any material that you place
on the Site by any means, without compensation to you.
Purchase Of Services
You may have the
opportunity to order or receive services through the Site directly or
through links on the Site. All Services (unless otherwise noted as
owned or offered by American Retail Distributors) are provided by
third-party vendors ("Vendors") pursuant to agreements, licenses or
other arrangements between that Vendor and you.
All aspects of your
transactions regarding the Services, including, but not limited to,
purchase terms, payment terms, warranties, guarantees, maintenance and
delivery, are solely between you and the applicable Vendor. Your
rights and remedies with respect to such transactions shall be solely
against the applicable Vendor and any questions, complaints or claims
related to any Service should be directed to that Vendor.
By using the Site you
acknowledge and agree that American Retail Distributors and its
affiliates shall have no liability for any cost, damage or harm
arising directly or indirectly in connection with any of the Services
ordered or received through this Site or through links on this Site or
from any action or inaction of any Vendor.
You may have the option to
purchase Services over this Site using a credit card by sending that
information over the Internet. This Site uses encryption technology to
protect the information from access by unauthorized third parties.
However, neither American Retail Distributors nor any Vendor can
guarantee that the encryption technology will operate as intended or
that a third party will not be able to access such information. If you
have any concerns about sending such information over the Internet,
you should use an alternative means of payment. By sending any
sensitive information over the Internet in connection with your use of
this Site, you agree that neither American Retail Distributors nor any
Vendor will have any liability if the applicable encryption technology
fails to protect your information.
Copyrights
Copyright (c) 2002 - 2004
American Retail Distributors. All rights reserved, American Retail
Distributors, 2100 West Loop South, Suite 900, Houston, Texas 77027,
USA.
Copying, reproduction,
retransmission, or redistribution of any material contained in
AmericanRetailer.us in whole or in part or in any medium or form is
prohibited without express permission.
American Retail
Distributors reserves the right to change this material at any time.
Soles is not responsible for third-party material appearing on
AmericanRetailer.us forums.
Associated Press text,
photo, graphic, audio and/or video material shall not be published,
broadcast, rewritten for broadcast or publication or redistributed
directly or indirectly in any medium. Neither these AP materials nor
any portion thereof may be stored in a computer except for personal
and non-commercial use. AP will not be held liable in any way to the
User or to any third party or to any other person who may receive
information in the Service or to any other person whatsoever, for any
delays, inaccuracies, errors or omissions therefrom or in the
transmission or delivery of all or any part thereof or for any damages
arising from any of the foregoing or occasioned thereby.
Limitation of Liability
and Disclaimers
ANY INFORMATION, PRODUCT
OR SERVICE PROVIDED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY
EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
AMERICAN RETAIL
DISTRIBUTORS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH,
ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIAL
CONTAINED ON THE SITE.
AMERICAN RETAIL
DISTRIBUTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF THE
SITE OR OF ANY EXECUTABLE PROGRAMS; DELAYS IN OPERATION OR
TRANSMISSION, COMMUNICATIONS LINE FAILURE, UNDELIVERED E-MAIL
MESSAGES, LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES)
ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR SITE, EVEN
IF American Retail Distributors HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
You understand that
user-posted material expresses the views of that user and not the view
of American Retail Distributors
The Site may contain links
to other Web sites that are owned and operated by third parties. You
acknowledge that American Retail Distributors is not responsible for
the accuracy, content, or availability of information accessed or
linked to through the Site, nor does the inclusion of any such link
imply endorsement by American Retail Distributors of that Web site.
General
American Retail
Distributors reserves the right to change this Agreement at any time
by revising the terms and conditions herein. You are responsible for
regularly reviewing these terms and conditions and your use of the
Site following any such change constitutes your acceptance of such
changes.
American Retail
Distributors reserves the right to change the Site at any time at its
sole discretion without notice to users. American Retail Distributors
may deny access to the Site to anyone at any time.
This Agreement shall
include any additional terms, conditions, notices, policies or
disclaimers provided by American Retail Distributors, its licensors or
vendor in specific areas of the Site. However, in the event of a
conflict between such terms and this Agreement, the terms of this
Agreement shall control.
This Agreement shall be
governed by and construed in accordance with the laws of the State of
Texas, as applied to contracts entered into and performed within
Texas.
Disputes concerning this
Site or this Agreement will at the election of either party be
resolved exclusively through binding arbitration conducted in
accordance with the Commercial Arbitration Rules of the American
Arbitration Association. Arbitration will be conducted in Houston,
Texas before a single arbitrator selected in accordance with such
Rules. The arbitrator's decision will be non-appealable and judgment
thereon may be entered in any court with jurisdiction over the
parties.
The foregoing
notwithstanding, nothing in this Agreement will be deemed to preclude
any party from using the legal process of any court with jurisdiction
to seek remedy or redress (including without limitation injunctive or
other equitable relief) for any infringement of copyright, trademark
rights, or other intellectual property rights.
ANY RIGHTS NOT EXPRESSLY
GRANTED HEREIN ARE RESERVED. |
