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ABOUT DMSRetail

DMSRetail is a leading retail management consulting, training and services company.

DMSRetail is a retail success company helping retailers achieve their goals and objectives through powerful, proprietary performance systems.


DMSRetail.com offers information, success guides, training workshops, courses, tips, articles, software, and advice about retail management to help you become more successful.

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TERMS AND CONDITIONS

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 DMSRetail 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 DMSRetail 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.