Privacy Agreement

Privacy Agreement

Privacy & Security Statement

Effective August 01, 2011

Welcome to RetailPoint.com (the "Site"), which is owned and operated by RetailPoint / RetailPoint II, LLC. ("RetailPoint").

RetailPoint maintains this website as a service to its visitors and subscribed customers, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. RetailPoint reserves the right to modify these Terms of Use and/or content on the Site periodically without prior notice.

Use of Content on the Site

You may use the content from the Site subject to the following conditions: (a) the content may be used solely for information purposes only; and (b) the content may not be altered or modified in any way. The content may not be republished, distributed, be used to create derivative works, or used in other way than as explicitly permitted herein.

The use of framing or framing techniques to display any trademark, logo, or other proprietary information such as images, text, or forms, is strictly prohibited without prior written consent from RetailPoint. You may not use meta tags or any other type of "hidden text using RetailPoint's name or trademarks without written consent clearly outlining the details of such use. You may not use RetailPoint's trademarks, logos, or graphics as part of a link without express written consent.

Ownership rights to any content, are not transferred through the use of the Site. Unauthorized use of content terminates the permission or license granted by RetailPoint.

Any statements contained within the Site concerning RetailPoint's future prospects are "forwarding looking statements" under the Federal Securities laws. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the Site. Important factors that could cause actual results to differ materially include but are not limited to factors discussed in RetailPoint's SEC filings.

Reviews, Comments, Communications, And Other Content

You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.

By submitting information, you grant RetailPoint a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.

Products and Services Offered By RetailPoint on the Site

RetailPoint offers products and services on the Site. When you enroll to obtain a product or service from RetailPoint on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, RetailPoint does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete, or error-free.

Patent Information

RetailPoint owns one or more United States and international patents that apply to the Site and/or the products or services offered within the Site.

Copyright Information

The Site and the content within the Site are the property of RetailPoint or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of RetailPoint . RetailPoint reserves all rights in the Site and its content not specifically granted in any agreements with RetailPoint or in the Terms of Use.

Copyright Complaints

RetailPoint respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making Claims of Copyright Infringement below.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act

If you believe that you hold a claim of copyright infringement against RetailPoint II, LLC, submit notice of your claim to the following:

In Writing:
RetailPoint II, LLC Legal Department
11711 N Meridian Street
Suite 415
Carmel, IN 46032

By E-Mail:
legal@retailpoint.com

To be effective, the notification of your claim of copyright infringement should be written and should include the following:

  1. A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
  2. A statement, under penalty of perjury, that the information in the notification is accurate. Your signature. (The signature may be either physical or electronic.) The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)
  3. Identification of the material that you claim to be infringing and information reasonably sufficient to permit RetailPoint II, LLC to locate the material.
  4. Information reasonably sufficient to permit RetailPoint II, LLC to contact you, including your address, telephone number, fax number and, if available, an electronic mail address. You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.
  5. A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Trademark Information

RetailPoint and other marks indicated on our site are registered trademarks of RetailPoint in the United States and/or other countries. Other RetailPoint marks, graphics, logos, page headers, button icons, scripts noted on the Site are RetailPoint service marks, trademarks and trade dress and are the sole and exclusive property of RetailPoint. RetailPoint service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits RetailPoint and in connection with any service or product that is not sponsored, endorsed or produced by RetailPoint. All other trademarks not owned by RetailPoint or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RetailPoint.

Privacy Statements

Because we respect your right to privacy, we have developed a Privacy Policy to inform you about our privacy practices. Please view the Privacy Policy to learn more about the company's privacy guidelines.

Third Party Web Sites and Information

The Site may provide hyperlinks to third party websites or Holdings to third party content. RetailPoint does not control, endorse, or guarantee content found in such sites. You agree that RetailPoint is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that RetailPoint shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and Holdings to these sites are provided for your convenience only.

Disclaimer

EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND RETAILPOINT , ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. RETAILPOINT AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY RETAILPOINT ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. RETAILPOINT DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND RETAILPOINT , ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF RETAILPOINT, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify, and hold harmless RetailPoint, employees, attorneys, and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked web site or (ii) resulting from content you supply.

Applicable Laws

All matters relating to your Holdings to and use of the Site shall be governed by U.S. federal law or by the laws of the State of North Carolina without regard to its conflict of laws provisions. Any legal action or proceeding relating to your Holdings to or use of the Site shall be instituted in a state or federal court in the exclusive jurisdiction of the courts located within the city of Glendale, Arizona.

Notwithstanding this, you agree that RetailPoint II, LLC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

Contact Information

If you have any questions regarding these Terms of Use, please contact RetailPoint at legal@retailpoint.com.