Acceptance of Terms
Welcome to retailsystemsresearch.com, a service of RSR Research LLC, which uses the trade name RSR.
You agree that you are only authorized to visit, view and to retain a copy of pages of the retailsystemsresearch.com website for your own informational and non-commercial or personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this site for any purpose other than for your own informational and non-commercial or personal use, unless otherwise specifically authorized by RSR to do so. RSR hereby authorizes the e-mailing of a single article for these limited purposes pursuant to the “Send to a Friend” function on the website.
Member Account, Password, And Security.
Certain parts of the retailsystemsresearch.com website require you to register and provide certain information. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a login name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify RSR immediately of any unauthorized use of your account or any other breach of security. RSR will not be liable for any loss that you may incur as a result of someone else’s using your password or account, either with or without your knowledge. You, however, could be held liable for losses incurred by RSR or another party due to someone else’s using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. RSR cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Access and use of password protected and/or secure areas of the website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the website may be subject to prosecution.
No Unlawful or Prohibited Use
Rules Of User Conduct
By posting, uploading, inputting, providing or submitting content or otherwise using any communications service, bulletin board, live forum, or other interactive service that may be available to you on or through this website, you agree only to post, send and receive messages and material that are proper and, when applicable, related to the particular service. You also agree not to disrupt the normal flow of dialogue in the Bulletin Board or the live forum, cause a screen to “scroll” faster than other users of the live forum are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
By way of example, and not as a limitation, you agree that when using the website, you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
- is unlawful, threatening, abusive, stalking, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, tortious, vulgar, obscene, sexually oriented, which encourages conduct that would constitute a criminal offense or would give rise to civil liability or would otherwise violate any law;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- is protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights to the content or have received all necessary consent to do the same;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, contests, pyramid schemes, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses, Trojan horses, worms, time bombs, cancelbots, trap doors, corrupted files, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- impersonates any person or entity, including, by way of example and not as a limitation, any moderator or host or any employee or representative of RSR; or
RSR is not responsible for screening, policing, editing, or monitoring the content posted by users of any communications service, bulletin board, live forum, or other interactive service that may be available on or through this site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, RSR may investigate the allegation and determine in its sole discretion whether to edit, remove or request the removal of such content. Notwithstanding the foregoing, neither RSR, nor any of its officers, directors, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither RSR, nor any of its officers, directors, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or content on this website.
User’s Grant Of Limited License
By posting, uploading, inputting, providing or submitting content to any public areas of this site, including without limitation the retailsystemsresearch.com Communities Bulletin Board and the live forums, you automatically grant or warrant that the owner of such content has expressly granted RSR and its licensees the royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sublicense, copy, distribute, have distributed, and promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by RSR will not infringe or violate the rights of any third party. You also permit any other user to access, store, or reproduce the content for that user’s personal use.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the retailsystemsresearch.com website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that RSR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
Third Party Sites
Users may through hypertext or other computer links gain access to other sites on the Internet that are not under RSR’s control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained on the retailsystemsresearch.com website, view content that is not provided by RSR, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by RSR. These third party sites are not, and you acknowledge that RSR is not, responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive. RSR is not responsible for webcasting or any other form of transmission received from any linked site. RSR is providing these links to you only as a convenience, and the inclusion of any link does not imply RSR’s endorsement of the site, its owner or the products or services offered through it.
Linking to the retailsystemsresearch.com Website
RSR offers a non-assignable, non-transferable, and non-exclusive license to RSR sponsors to link to the retailsystemsresearch.com website, using one of the authorized, downloadable RSR banners, buttons, or logos, or a text link, subject to the following provisions. If you are such a sponsor, you may place an authorized RSR banner, button, or logo, or text link on your website for the sole purpose of creating a link to the RSR research homepage and allowing users of your website to access the products and services in that area of retailsystemsresearch.com. Such banners, buttons, or logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by RSR. The RSR banners, buttons, and logos may not be altered in any manner. They must appear by themselves, with reasonable spacing (at least the height of the banner, button, or logo) between each side of the applicable banner, button, or logo and other graphic or textual elements. The RSR banners, buttons, and logos may not be used to disparage RSR, its products or services, or in a manner which, in RSR’s reasonable judgment, may diminish or otherwise damage RSR’s goodwill. By using the approved RSR banners, buttons, and logos, you acknowledge that RSR has exclusive rights to them and that all good will generated through your use of the RSR banner, button, or logos will inure to the benefit of RSR. RSR reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. RSR reserves the right to take action against any use that does not conform to these provisions.
As noted above, except as provided in the preceding paragraph, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or” distribute for commercial purposes any materials or design elements on this site protected by copyright, or other proprietary right without the express written permission of RSR. RSR hereby authorizes the e-mailing of a single article for these limited purposes pursuant to the “Send to a Friend” function on the website.
Disclaimer of Warranties; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE RETAILSYSTEMSRESEARCH.COM SITE IS AT YOUR SOLE RISK. NEITHER RSR NOR ANY OF ITS THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ALL OF OR ANY PART OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR VIRUS-FREE OR SECURE OR THAT IT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THROUGH THE SITE; NOR DO THEY MAKE ANY WARRANTY THAT THE QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE RETAILSYSTEMSRESEARCH.COM WEBSITE WILL MEET YOUR EXPECTATIONS.
B. THE SITE IS PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, RSR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, RSR DISCLAIMS ANY WARRANTIES FOR OTHER PRODUCTS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. RSR SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, REGARDLESS OF THE CAUSE OR DURATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OR FOR ANY CLAIMS OR LOSSES ARISING FROM THEM OR CAUSED BY THEM. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT RSR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
D. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL RSR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF RSR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT(INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY).
E. SUCH LIMITATION ALSO SHALL APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER PRODUCTS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE RETAILSYSTEMSRESEARCH.COM WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE RETAILSYSTEMSRESEARCH.COM WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
F. UNDER NO CIRCUMSTANCES SHALL RSR BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
G. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL RSR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
By using the retailsystemsresearch.com website, or submitting any ideas or related materials to RSR, you are hereby agreeing to release RSR and its officers, directors, employees, and representatives from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes or to the website or to any disputes regarding use of ideas or related materials submitted to RSR. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
Limitation of Action
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU MAY NOT INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, MORE THAN ONE YEAR AFTER (a) THE CAUSE OF ACTION HAS ARISEN OR (b) HAS BEEN DISCOVERED BY THE PARTY INSTITUTING THE ACTION, WHICHEVER OCCURS LAST, EVEN IF RSR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CAUSE OF ACTION.
RSR makes no representation that materials on this site are appropriate or available for use in locations outside the United States. This site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. If you who choose to access this site from outside the United States, you do so on your own initiative and should inform yourself about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content of this site.
Copyright © 2007 RSR Alert Research LLC. U.S.A. All rights reserved.
RSR, retailsystemsresearch.com, and their respective logos are registered trademarks, registered servicemarks, trademarks, or servicemarks of RSR Research LLC. All other marks that appear throughout the retailsystemsresearch.com website belong to RSR Alert Research LLC or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the website without the express written consent of RSR Research LLC or the owner of the mark, as appropriate, is strictly prohibited..