Terms and Conditions

Last updated January 2023

AGREEMENT TO TERMS

These Terms and Conditions establish a legally binding agreement between you (whether as an individual or on behalf of an entity) and The www.retailfx.net ("we," "us," or "our"). This agreement pertains to your usage of and access to The www.retailfx.net, including any other related media forms, channels, mobile websites, or mobile applications associated or connected with it (collectively referred to as the "Site").

By accessing the Site, you acknowledge that you have read, comprehended, and agreed to abide by all the Terms and Conditions outlined herein. If you do not consent to these Terms and Conditions in their entirety, you are explicitly prohibited from utilizing the Site, and you must cease usage immediately.

Supplemental terms and conditions or documents posted on the Site from time to time are expressly integrated into these Terms and Conditions by reference. We retain the sole discretion to modify or amend these Terms and Conditions at any time and for any reason.

Any alterations or modifications to these Terms and Conditions will be communicated by updating the "Last updated" date. By using the Site, you waive the right to receive specific notice for each change.

It is your responsibility to periodically review these Terms and Conditions for updates. Your continued use of the Site after the posting date of any revised Terms and Conditions constitutes acceptance and awareness of such changes.

The information presented on the Site is not intended for distribution or use in any jurisdiction or country where such actions would violate laws or regulations or subject us to registration requirements within that jurisdiction or country. Users accessing the Site from other locations do so voluntarily and are solely responsible for compliance with applicable local laws.

Therefore, individuals accessing the Site from different locations do so voluntarily and bear full responsibility for ensuring compliance with applicable local laws.

Option 1: The Site is designed for users who are a minimum of 18 years old. Registration on the Site is prohibited for individuals under the age of 18.

Option 2: [The Site is intended for users who are at least 13 years of age.] Minors, typically under 18, must obtain explicit permission and direct supervision from their parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms and Conditions before you can use the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless stated otherwise, the Site is our exclusive property, encompassing source code, databases, functionality, software, app designs, audio, video, text, photographs, and graphics (collectively referred to as the "Content"). Additionally, trademarks, service marks, and logos (the "Marks") are either owned or controlled by us, or licensed to us. They are safeguarded by copyright, trademark laws, various intellectual property rights, and unfair competition laws in the United States, foreign jurisdictions, and international conventions.

The Content and Marks are provided on the Site "AS IS" for informational and personal use exclusively. Unless expressly permitted by these Terms and Conditions, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without our explicit prior written consent.

Subject to your eligibility to use the Site, you are granted a restricted license to access and utilize the Site. You may download or print a copy of any portion of the Content for personal, non-commercial use, provided you have obtained access legitimately. All rights not expressly granted to you regarding the Site, Content, and Marks are reserved by us.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Terms and Conditions;
you are not under the age of 13;
not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the Site
you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
you will not use the Site for any illegal or unauthorized purpose;
your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

To access the Site, registration may be necessary. By doing so, you commit to maintaining the confidentiality of your password and assume responsibility for all activities conducted under your account and password. We retain the authority to revoke, recover, or modify any username you choose if, at our sole discretion, we find it inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You are prohibited from accessing or utilizing the Site for any purpose other than the intended one for which we provide it. The Site must not be employed in association with any commercial activities, unless expressly endorsed or approved by us.

As a user of the Site, you agree not to:

Do not systematically retrieve data or other content from the Site to create collections, compilations, databases, or directories without obtaining written permission from us.
Refrain from any unauthorized use of the Site, including the collection of usernames or email addresses for the purpose of sending unsolicited emails or creating user accounts through automated means or false pretenses.
Do not use buying agents or purchasing agents for transactions on the Site.
Avoid utilizing the Site to advertise or offer goods and services.
Do not circumvent, disable, or interfere with security-related features of the Site, including those designed to prevent or restrict the use or copying of any Content.
Refrain from engaging in unauthorized framing or linking to the Site.
Do not trick, defraud, or mislead us and other users, especially in any attempt to acquire sensitive account information.
Avoid making improper use of our support services or submitting false reports of abuse or misconduct.
Refrain from engaging in any automated use of the system, such as using scripts, data mining, robots, or similar data gathering and extraction tools.
Avoid interference with, disruption of, or creating an undue burden on the Site or connected networks and services.
Do not attempt to impersonate another user or person or use another user's username.
Do not sell or transfer your profile.
Do not use any information obtained from the Site to harass, abuse, or harm another person.
Refrain from using the Site to compete with us or for any revenue-generating or commercial endeavors.
Do not decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the Site.
Avoid attempting to bypass measures preventing or restricting access to the Site.
Do not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Avoid deleting the copyright or other proprietary rights notice from any Content.
Refrain from copying or adapting the Site’s software, including Flash, PHP, HTML, JavaScript, or other code.
Do not upload or transmit viruses, Trojan horses, or other material that interferes with the uninterrupted use of the Site.
Avoid uploading or transmitting material acting as an information collection mechanism, including gifs, pixels, web bugs, cookies, or similar devices.
Except as may result from standard search engine or Internet browser usage, do not use, launch, develop, or distribute any automated system accessing the Site.
Refrain from disparaging, tarnishing, or otherwise harming us and/or the Site.
Do not use the Site in a manner inconsistent with any applicable laws or regulations.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license. You represent and warrant that you have the right to grant this license. The license allows us to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions, including your image and voice, for any purpose—commercial, advertising, or otherwise. It also allows us to prepare derivative works of, or incorporate into other works, such Contributions and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license applies to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, along with any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any associated intellectual property rights or other proprietary rights. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

In our sole and absolute discretion, we have the right to edit, redact, or otherwise change any Contributions; re-categorize any Contributions to place them in more appropriate locations on the Site; and pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We offer designated areas on the Site for submitting reviews or ratings. When posting a review, please adhere to the following criteria:

you should have firsthand experience with the person/entity being reviewed;
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
your reviews should not contain references to illegal activity;
you should not be affiliated with competitors if posting negative reviews;
you should not make any conclusions as to the legality of conduct;
you may not post any false or misleading statements;
you may not organize a campaign encouraging others to post reviews, whether positive or negative.

In our sole discretion, we reserve the right to accept, reject, or remove reviews. We are under no obligation to screen or delete reviews, even if some individuals find them objectionable or inaccurate. Please note that reviews are not endorsed by us and do not necessarily reflect our opinions or the views of any of our affiliates or partners.

We disclaim any liability for reviews and any associated claims, liabilities, or losses. By submitting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license. This license allows us to reproduce, modify, translate, transmit through any means, display, perform, and/or distribute all content related to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.

You shall not:

You may not decompile, reverse engineer, disassemble, attempt to derive the source code, or decrypt the application.
Making any modification, adaptation, improvement, enhancement, translation, or derivative work from the application is prohibited.
You must not violate any applicable laws, rules, or regulations in connection with your access or use of the application.
Removing, altering, or obscuring any proprietary notice (including copyright or trademark notices) posted by us or the licensors of the application is strictly forbidden.
Usage of the application for any revenue-generating endeavor, commercial enterprise, or purposes for which it is not designed or intended is not allowed.
Making the application available over a network or other environment permitting access or use by multiple devices or users at the same time is prohibited.
The application must not be used for creating a product, service, or software that is directly or indirectly competitive with or a substitute for the application.
The application should not be used to send automated queries to any app or to send any unsolicited commercial e-mail.
Use of any proprietary information, our interfaces, or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application is strictly prohibited.

Apple and Android Devices

When utilizing a mobile application acquired from either the Apple Store or Google Play (each referred to as an "App Distributor") to connect to the Site, the subsequent terms are applicable.

The license issued for our mobile application is limited to a non-transferable arrangement, allowing usage exclusively on devices operating on Apple iOS or Android systems. This is contingent on adhering to the usage rules specified in the terms of service provided by the relevant App Distributor.
We are responsible for delivering maintenance and support services for the mobile application, as outlined in the terms and conditions of this mobile application license within these Terms and Conditions. It is acknowledged that each App Distributor bears no obligation to provide maintenance and support services for the mobile application.
In the event of any non-conformity of the mobile application to applicable warranties, you may notify the relevant App Distributor. Following its terms and policies, the App Distributor may refund the purchase price, if any, paid for the mobile application. To the maximum extent permitted by applicable law, the App Distributor holds no further warranty obligation concerning the mobile application.
You assert and guarantee that (i) your location is not in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country by the U.S. government, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
Compliance with third-party terms of agreement is mandatory when using the mobile application. For instance, if you possess a VoIP application, adherence to their wireless data service agreement is necessary when utilizing the mobile application.
It is acknowledged and agreed upon that the App Distributors act as third-party beneficiaries of the terms and conditions within this mobile application license, as detailed in these Terms and Conditions. Each App Distributor possesses the right (and is deemed to have accepted the right) to enforce these terms and conditions against you as a third-party beneficiary.

SOCIAL MEDIA

As part of the Site's features, you can integrate your account with third-party service providers (each a "Third-Party Account") either by: (1) entering your Third-Party Account login details through the Site; or (2) allowing us access to your Third-Party Account, following the terms and conditions of your use of each Third-Party Account.

You affirm that you have the right to share your Third-Party Account login information with us, permitting access to your Third-Party Account without violating its terms and conditions. This action does not obligate us to pay fees or adhere to usage restrictions imposed by the third-party service provider.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, retrieve, and store (if applicable) any content you have provided in your Third-Party Account (the "Social Network Content") to be available on the Site through your account, including friend lists; and (2) we may exchange additional information with your Third-Party Account, as notified during the linking process.

Depending on the Third-Party Accounts and your privacy settings, personally identifiable information posted on your Third-Party Accounts may be accessible on the Site through your account.

Please be aware that if a Third-Party Account becomes unavailable or our access is terminated by the third-party service provider, Social Network Content may no longer be accessible on the Site. You can deactivate this connection at any time through your account settings.

YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS CONNECTED TO YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We do not review Social Network Content for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely to identify and inform you about contacts who have also registered to use the Site.

You can disconnect the Site from your Third-Party Account by contacting us or through your account settings (if applicable). We will attempt to delete any information obtained through the Third-Party Account from our servers, except the username and profile picture associated with your account.

SUBMISSIONS

You recognize and consent that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") that you provide to us are non-confidential and will become our exclusive property. We will possess the exclusive rights, including all intellectual property rights, and have the unrestricted authority to use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without acknowledgment or compensation to you.

You explicitly relinquish all moral rights associated with any such Submissions, and you affirmatively declare that these Submissions are either your original work or that you possess the right to submit them. You agree that there will be no claims or actions against us concerning any alleged or proven infringement or misappropriation of any proprietary rights related to your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The application may feature links to other websites ("Third-Party Websites") and may include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items originating from third parties ("Third-Party Content"). We want to emphasize that we do not investigate, monitor, or check the accuracy, appropriateness, or completeness of such Third-Party Websites and Third-Party Content. Consequently, we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies.

We want to emphasize that we do not investigate, monitor, or check the accuracy, appropriateness, or completeness of such Third-Party Websites and Third-Party Content. Consequently, we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies.

The inclusion, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Site and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and it's essential to note that these Terms and Conditions no longer govern such interactions.

Before navigating away from the Site or using/installing applications, we recommend reviewing the applicable terms, policies, including privacy and data gathering practices of any external website. Any purchases made through Third-Party Websites are solely between you and the respective third party, and we accept no responsibility for such transactions.

You acknowledge and agree that our endorsement does not extend to the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm resulting from your purchases. Furthermore, you shall hold us harmless from any losses or harm caused to you in any way resulting from Third-Party Content or interactions with Third-Party Websites.

ADVERTISERS

Advertisers are permitted to showcase their ads and additional information in specific sections of the Site, such as sidebar or banner advertisements. As an advertiser, you are required to assume complete responsibility for the advertisements you publish on the Site, as well as any services or products promoted through these advertisements.

Moreover, in your capacity as an advertiser, you affirm and declare that you have the necessary rights and authority to display advertisements on the Site, encompassing, without limitation, intellectual property rights, publicity rights, and contractual rights.

[In your role as an advertiser, you acknowledge that these advertisements are bound by the terms outlined in our Digital Millennium Copyright Act (“DMCA”) Notice and Policy, as detailed below. You comprehend and agree that there will be no reimbursement or other compensation for issues related to DMCA takedowns.] Our role is solely to offer space for these advertisements, and we maintain no additional association with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

monitor the Site for violations of these Terms and Conditions;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]/posted on the Site]. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
a statement that the complaining party has 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;
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.]

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms and Conditions, along with any policies or operational guidelines posted on the Site, constitute the complete agreement and understanding between you and us. The failure on our part to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.

These Terms and Conditions are effective to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act caused by any factor beyond our reasonable control.

If any provision or portion of a provision in these Terms and Conditions is deemed unlawful, void, or unenforceable, that specific provision or portion is considered severable from these Terms and Conditions, without affecting the validity and enforceability of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is established between you and us through these Terms and Conditions or your use of the Site. You agree that these Terms and Conditions will not be construed against us merely because we drafted them.

You hereby waive any and all defenses based on the electronic form of these Terms and Conditions and the absence of signatures by the parties involved in executing these Terms and Conditions.