Terms of Use of the DMSRetail Website and Retail Management
Power Forums
Welcome to
www.dmsretail.com, owned and operated by DMSRetail Inc. ("DMSRetail"). By using the
DMSRetail website (the "Service"), you accept and agree to be bound by
the following terms and conditions (the "Terms of Service"). Nothing in
the Terms of Service should be construed to confer any rights to third party
beneficiaries.
1. Description of Service
Unless explicitly stated otherwise, the Service may be modified or terminated at
any time by DMSRetail for any reason, and without notice, without liability to
you, any other user of the Service or any third party. Any new features that
augment or enhance the current Service shall be subject to the Terms of Service.
2. Changes to Terms of Service
The Terms of Service of this service are subject to update by DMSRetail at any
time with or without notice, and you can review the most current version of it
online at any time here.
3. Registration
When you register for the DMSRetail website, you must provide true, accurate and
complete registration information. As part of the registration process, you will
be asked to select a username and password and you will be responsible for all
activities occurring under your username and for keeping your password secure.
To comply with the Children's Online Privacy Protection Act, at this time the
service is only available to users who are at least 13 years old. If you are
under 13, you may not register to use the service.
4. Use of Materials
The content within the Service is protected by copyright and other laws
worldwide. The Service includes both content owned or controlled by DMSRetail as
well as content owned or controlled by third parties and licensed to DMSRetail
(collectively, the "Materials").
Depending on your membership level, DMSRetail authorizes you to view and
download a single copy of the Materials solely for your personal, non-commercial
use. You may not sell or modify the Materials or reproduce, display, publicly
perform, distribute, or otherwise use the Materials in any way for any public or
commercial purpose without the written permission of DMSRetail. Special rules
may apply to the use of certain software and other items provided via the
Services, and are noted where appropriate.
If you would like information about obtaining DMSRetail's permission to use any
of the Materials on your Web site, please send an e-mail to
administrator@dmsretail.com
5. Content
Your Responsibilities. You understand that all data, text, information,
links and other content (collectively, "Content"), whether posted in
public or restricted groups, is the sole responsibility of the person from which
such Content originated. This means that you, and not DMSRetail, are entirely
responsible for all Content that you publish, post, upload, distribute,
disseminate or otherwise transmit (collectively, "Post") via the Service.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will DMSRetail be
liable in any way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content Posted via the Service. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. You
understand that the technical processing and transmission of the Service,
including Content, may involve transmissions over various networks; and changes
to conform and adapt to technical requirements of connecting networks or
devices.
Moderator and administrator Rights and Responsibilities. Moderators and
administrators have additional capabilities and responsibilities in regard to
the members and Content of the website. The Moderator or Administrator of
website decides whether website is restricted to certain members or accessible
to the public generally, and the Moderator or Administrator may change the
access to the website at any time. In restricted Forums, the Moderator or
Administrator decides who may be a member of the Forum and can access and change
the membership list in his or her sole discretion. Moderator or Administrator
may, at any time, transfer his or her ownership of a Forum to another user. In
regard to Content, a Moderator or Administrator shall be responsible for the
maintenance and monitoring of the Content in the Forum, including deleting any
Forum, Content or archived Content at any time and in his or her discretion.
DMSRetail's rights. You acknowledge that DMSRetail does not pre-screen,
control, edit or endorse Content made available through the Service and has no
obligation to monitor the Content Posted via the Service. If DMSRetail discovers
Content that does not appear to conform to the Terms of Service, DMSRetail may
investigate and determine in good faith and in its sole discretion whether to
remove the Content. DMSRetail will have no liability or responsibility for
performance or non-performance of such activities. You acknowledge that certain
Forums available through the Service are available only through the Service and
others are available both through the Service and other sources, such as
Internet, over which DMSRetail has absolutely no control.
Content Removal and Archiving. If you are not the Moderator or
Administrator of a Forum, you may (1) request removal of a message that you have
Posted yourself or (2) prevent archival of your message. You agree to resolve
directly and exclusively with third parties any disputes you may have about
messages that they posted or you may contact the Moderator or the Administrator
to request a removal. In this regard, you understand that DMSRetail does not
monitor or control the content of information Posted by others, and instead
simply provides a service by allowing users to access information that has been
made available.
6. Appropriate Conduct
You agree that you are responsible for your own conduct and communications while
using the Service and for any consequences thereof. You agree to use the Service
only to send and receive messages and material that are legal, proper and
related to the particular Forum. By way of example, and not as a limitation, you
agree that when using the Service, you will not:
defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights of privacy
and publicity) of others;
post any inappropriate,
defamatory, infringing, obscene, or unlawful Content;
post any Content that
infringes any patent, trademark, copyright, trade secret or other proprietary
right of any party (the "Rights"), unless you are the owner of the Rights
or have the permission of the owner to Post such Content;
post messages that promote
pyramid schemes, chain letters or disruptive commercial messages or
advertisements, or anything else prohibited by the Moderator and/or
Administrator.
download any file Posted by
another user of a Forum that you know, or reasonably should know, that cannot be
legally distributed in such manner;
impersonate another person
or entity, or falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is Posted;
restrict or inhibit any
other user from using and enjoying the Service;
use the Service for any
illegal or unauthorized purpose;
remove any copyright,
trademark or other proprietary rights notices contained in or on the Service;
interfere with or disrupt
the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the
Service;
use any robot, spider, site
search/retrieval application, or other device to retrieve or index any portion
of the Service or collect information about users for any unauthorized purpose;
submit Content that falsely
expresses or implies that such Content is sponsored or endorsed by DMSRetail;
create user accounts by
automated means or under false or fraudulent pretenses;
promote or provide
instructional information about illegal activities or promote physical harm or
injury against any group or individual; or
transmit any viruses,
worms, defects, Trojan horses, or any items of a destructive nature.
International
users agree to comply with their own local rules regarding online conduct and
acceptable content, including laws regulating the export of data to the United
States /Canada or your country of residence.
While DMSRetail prohibits such conduct and Content in connection with the
Service, you understand and agree that you nonetheless may be exposed to such
conduct and/or Content and that you use the Service at your own risk.
7. Proprietary Rights
DMSRetail's Rights
DMSRetail and its affiliates and licensors own and retain all rights in the
Service, which contains proprietary and confidential information that is
protected by applicable intellectual property and other laws. Except as
expressly authorized by DMSRetail, you may not copy, modify, publish, transmit,
distribute, perform, display or sell any of DMSRetail's proprietary information.
Your Rights
DMSRetail claims no ownership or control over any Content submitted, Posted or
displayed by you on or through the Service. You or a third party licensor, as
appropriate, retain all patent, trademark and copyright to any Content you
submit, Post or display on or through the Service and you are responsible for
protecting those rights, as appropriate. By submitting, Posting or displaying
Content on or through the Service, you grant DMSRetail a worldwide,
non-exclusive, royalty-free license to reproduce, adapt and publish such Content
on the Service solely for the purpose of displaying, distributing and promoting
the Service or any other DMSRetail Services. This license terminates when such
Content is deleted from the Service. DMSRetail reserves the right to syndicate
Content submitted, Posted or displayed by you on or through the Service and use
that Content in connection with other services offered by DMSRetail.
Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement that comply with
the Digital Millennium Copyright Act.
8. General Practices Regarding Use and Storage
You agree that DMSRetail has no responsibility or liability for the deletion or
failure to store any Content maintained or Posted by or through the Service. You
acknowledge that DMSRetail has set no fixed upper limit on the number of
transmissions you may send or receive through the Service or the amount of
storage space used; however, we retain the right, at our sole discretion, to
create limits at any time with or without notice.
Non Canadian
residents who purchase services or materials from DMSRetail on tax-free basis
are prohibited to bring or consume such services and materials in Canada.
9. Links
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because DMSRetail has no control over such sites and
resources, you acknowledge and agree that DMSRetail is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content on or available from such sites or
resources. You further acknowledge and agree that DMSRetail shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content available on or through any such site or resource.
10. Advertisements
The Retail Management Power Forums is an ad-supported service. As such, we
display advertisements and promotions on the Service. The manner, mode and
extent of advertising by DMSRetail on the Service are subject to change. You
agree that DMSRetail shall not be responsible or liable for any loss or damage
of any sort incurred as a result of any such dealings or as the result of the
presence of such advertisers on the Service.
11. User Privacy
All information you provide to DMSRetail will be kept strictly confidential and
will not be shared by any other parties. You understand and agree that DMSRetail
may access, preserve, and disclose your personal information and the contents of
your account in order to provide the Service or if required to do so by law or
in a good faith belief that such access preservation or disclosure is reasonably
necessary to comply with legal process or protect the rights, property and/or
safety of DMSRetail, its affiliates or the public. Personal information
collected by DMSRetail may be stored and processed in the United States or any
other country in which DMSRetail or its agents maintain facilities. By using the
Service, you consent to any such transfer of information outside of your
country.
12. Disclaimer of Warranties
DMSRetail and its affiliates, licensors, partners, suppliers, consultants and
agents ("DMSRetail Entities") disclaim any and all responsibility or
liability for the accuracy, content, completeness, legality, reliability, or
operability or availability of information or Content displayed on the Service.
The Google Entities disclaim any and all responsibility and liability for your
conduct and for the conduct of others using the Service.
THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY
INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND
SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
THE DMSRetail ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion
or limitation of implied warranties, so the above disclaimers and exclusions may
not apply to you.
YOU AGREE THAT YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
13. Hold Harmless and Indemnity
You agree to hold harmless and indemnify DMSRetail from and against any third
party claim arising from or in any way related to your use of the Service,
including any liability or expense arising from all claims, losses, damages
(actual and consequential), suits, judgments, litigation costs and attorneys'
fees, of every kind and nature. In such a case, DMSRetail will provide you with
written notice of such claim, suit or action.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL DMSRetail BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN
CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I)
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE,
FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES),
AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL
DMSRetail BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS
($1000.00).
15. Term and Termination
These Terms of Service will apply to your use of the Service. You may terminate
your use of the Service immediately at any time, for any reason, by contacting
administrator@dmsretail.com. We may terminate your use of the Service
immediately at any time, for any reason, and at such time you will have no right
to use the Service. Our proprietary rights, disclaimer of warranties,
indemnities, limitations of liability and miscellaneous provisions shall survive
any such termination.
16. Notices
DMSRetail may provide you with notices regarding the Service or these Terms of
Service by email or postings to this Web site.
17. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the
laws of the Province of Ontario, without giving effect to its conflict of laws
provisions or your actual state or country of residence. The parties agree to
submit to the personal and exclusive jurisdiction of the courts located in the
Province of Ontario. If for any reason a court of competent jurisdiction finds
any provision or portion of the Terms of Service to be unenforceable, the
remainder of the Terms of Service will continue in full force and effect. You
shall not assign these Terms of Service or assign any rights or delegate any
obligations hereunder, in whole or in part, whether voluntarily or by operation
of law, without our prior written consent. Any such purported assignment or
delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall DMSRetail 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, 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.
These Terms of Service constitute the entire agreement between you and DMSRetail
with respect to the subject matter hereof and supersede and replace all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of the Terms of Service by a party
will be effective only if in writing and signed by a party.
Developing Competent Retail Leaders
