Terms of service

R-CISC Terms of Service Agreement

Last Updated: May 20, 2014

BY ACCESSING OR USING ANY OF OUR WEBSITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE ANY OF OUR WEBSITES. These Terms of Use (“Terms”) apply to your access to and use of any website of or hosted by the Retail Industry Leaders Association (“RILA,” “we” or “us”), including, but not limited to www.rila.org, and the website for the Center for Retail Compliance and the Retail Litigation Center (collectively, the “Site”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with RILA for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to be responsible to us if you violate these Terms. We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email, posting a notice on the Site and/or by posting the revised Terms to the Site and updating the “Last Updated” date above. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you may not continue accessing or using the Site.

All questions or comments about the Site or their contents should be directed to legal@rila.org. Privacy Policy Please refer to our Privacy Policy for information about how RILA collects, uses and discloses information about users of our Site.

Eligibility You represent and warrant that you (a) are at least 18 years old, or, if not, that you will use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms, (b) have not been previously suspended from accessing the Site, and (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.

Registration and Account In order to access certain areas and features of our Site, you will need to register for an account. You agree not to create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. You further agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify RILA if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Copyright and Limited License Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the RILA logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of RILA or its licensors and are protected by U.S. and international copyright laws. You are granted a limited, non-transferable, non-exclusive license to access and use the Site Materials; provided, however, that such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site Materials, except as expressly permitted on the Site; or (f) any use of the Site Materials other than for its intended purpose. Any use of the Site Materials other than as specifically authorized herein, without the prior written permission of RILA, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Trademarks “RILA,” the RILA logos and any other product or service name or slogan contained in the Site are trademarks of RILA or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of RILA or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with guidelines that RILA may provide you from time to time. You may not use any metatags or any other hidden text utilizing “RILA” or any other name, trademark or product or service name of RILA without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of RILA and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

Hyperlinks You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray RILA or any of our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a RILA logo or other proprietary graphic of RILA to link to the Site without the express written permission of RILA. Further, you may not use, frame or utilize framing techniques to enclose any RILA trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without RILA’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of RILA or any third party.

Third-Party Content RILA may provide third-party content on the Site, including advertisements and promotional offers, and may provide links to Web pages and content of third parties (collectively the “Third-Party Content”). RILA does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that RILA is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk. The inclusion of Third-Party Content on the Site does not imply affiliation, endorsement or adoption by RILA of any Third-Party Content or any information contained therein. Your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Submissions You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, about the Site or RILA (“Submissions”). Submissions, whether submitted through the Site or otherwise, are non-confidential and shall become the sole property of RILA. RILA shall own, and you hereby assign to RILA, all right, title and interest, including all intellectual property rights, in and to such Submissions and RILA shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by RILA (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, RILA of such Submissions.

Repeat Infringer Policy; Copyright Complaints In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, RILA has adopted a policy of terminating, in appropriate circumstances and at RILA’s sole discretion, users or account holders who are deemed to be repeat infringers. RILA may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Name of Designated Agent: Deborah White Address: 1700 North Moore Street, Suite 2250, Arlington, VA 22209 Telephone Number:(703) 841-2300 Fax Number: (703) 841-1184 E-Mail Address: legal@rila.org Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Indemnification You agree to defend, indemnify and hold harmless RILA, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, “the RILA Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site, (b) any Submissions you provide, (c) your conduct or your violation of these Terms, or (d) your violation of the rights of any third party.

Disclaimer THE SITE MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR, UNLESS OTHERWISE EXPRESSLY STATED, AS RILA’S OFFICIAL POSITION ON ANY SUBJECT MATTER. YOU SHOULD NOT TAKE OR REFRAIN FROM TAKING ANY ACTION BASED UPON THE SITE MATERIALS WITHOUT SEEKING LEGAL COUNSEL ON THE PARTICULAR FACTS AND CIRCUMSTANCES AT ISSUE FROM A LICENSED ATTORNEY. RILA DOES NOT REPRESENT OR WARRANT THAT (A) THE SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR (B) THE SITE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY RILA, THE SITE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RILA DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE RILA PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE MATERIALS; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RILA PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO RILA FOR ACCESS TO OR USE OF THE SITE.

No Third-Party Beneficiaries These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.

Modifications to the Site RILA reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that RILA will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

Governing Law

: Any dispute between the parties will be governed by these Terms and the laws of the Commonwealth of Virginia and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Termination

: Notwithstanding any of these Terms, RILA reserves the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.

Sever-ability

: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.