www.themerchandiser.net's - Terms and Conditions of Use and Release of Liability
The Merchandiser Inc. (“The Merchandiser”) is pleased to offer you access to this website (the “Site”), The Merchandiser’s social networks, and other services that The Merchandiser may from time to time provide from this website, subject to these Terms and Conditions of Use (the “Terms”). The term “Social Networks” encompasses a broad sweep of online activity, including participation in social networks such as Facebook, YouTube, Flickr, and Twitter, and interactive blogs, websites or listserves, some of which may be located on the Site. These Terms apply to all users of the Site and The Merchandiser Social Networks, including users who are also contributors of User Generated Content (as hereinafter defined).
BY PROCEEDING BEYOND THE SITE HOME PAGE OR VIEWING OR POSTING CONTENT TO THE MERCHANDISER'S SOCIAL NETWORKS, YOU EXPRESS YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF THESE TERMS. THE MERCHANDISER MAY, IN ITS SOLE DISCRETION, MODIFY, RESTRICT, CHANGE, OR OTHERWISE ALTER THESE TERMS, THE SITE, OR THE MERCHANDISER SOCIAL NETWORKS, IN WHOLE OR IN PART, IMPOSE LIMITS ON CERTAIN FEATURES ON THE SITE OR THE MERCHANDISER'S SOCIAL NETWORKS, OR RESTRICT YOUR ACCESS TO PART OR ALL OF THE SITE OR THE MERCHANDISER'S SOCIAL NETWORKS. BY CONTINUING TO ACCESS AND USE THE SITE AND/OR THE MERCHANDISER'S SOCIAL NETWORKS YOU WILL BE EVIDENCING YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF, SUCH MODIFICATIONS, CHANGES OR ALTERATIONS. PLEASE REVIEW THESE TERMS REGULARLY AS THEY MAY BE MODIFIED FROM TIME TO TIME WITHOUT NOTICE TO YOU.
The Merchandiser Generated Content
The copyright rights and other property rights to the Site and The Merchandiser's Social Networks are owned by The Merchandiser. All rights regarding the content posted to the Site and The Merchandiser's Social Networks by The Merchandiser are reserved by The Merchandiser. The content on the Site may not be used or disseminated without the prior written consent of The Merchandiser, except that you may download spec sheets solely for the purpose of doing business with The Merchandiser. The Site and the The Merchandiser's Social Networks may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by The Merchandiser or by third parties for The Merchandiser. Such content is for your reference only and should not be relied upon by you for any purpose. The Merchandiser is not responsible for the content’s accuracy and reliability.
Some of the information provided by The Merchandiser on the Site and the The Merchandiser's Social Networks may contain projections or other statements regarding future events or the future financial performance of The Merchandiser that constitute “forward-looking statements” within meaning of the Securities Exchange Act of 1934, the Private Securities Litigation Reform Act of 1995 and other related laws that provide a “safe harbor” for forward-looking statements. These forward-looking statements, which may include statements that reflect our current views with respect to future events and financial performance, are identified by their use of such terms and phrases as “intend,” “goal,” “estimate,” “expect,” “project,” “projections,” “plans,” “anticipate,” “should,” “designed to,” “foreseeable future,” “believe,” “confident,” “think,” “scheduled,” “outlook,” “guidance” and similar expressions. This list of indicative terms and phrases is not intended to be all-inclusive. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date they were made. We are not undertaking any duty or obligation to update any forward-looking statements to reflect developments or information obtained after the date such forward-looking statements are made.
Our actual results may differ significantly from the results discussed in forward-looking statements. Factors that might cause such a difference include, but are not limited to: (a) the general economic, political and competitive conditions in the markets where we operate; (b) changes in capital availability or costs, such as changes in interest rates, security ratings and market perceptions of the businesses in which we operate; (c) changes in the regulatory framework governing business generally, and the telecommunication services and equipment industry in particular, in the U.S. and other countries; (d) changes in authoritative generally accepted accounting principles or policies from such standard-setting bodies as the Financial Accounting Standards Board, the Public Company Accounting Oversight Board and the Securities and Exchange Commission (SEC); (e) the impact of corporate governance, accounting and securities law reforms by the United States Congress, the SEC or the New York Stock Exchange; (f) natural and man-made catastrophes; and (g) other factors discussed in the documents we file from time to time with the SEC, including specifically our most recently filed reports on Forms 10-K, 10-Q and 8-K, as amended, to which we refer you for more information regarding our forward-looking statements and risk factors.
The Merchandiser may provide links to other websites as a convenience for its Site and Social Networks users. The Merchandiser is not responsible for the content of these other websites, and The Merchandiser does not endorse, warrant or guarantee the products or services described or offered in these other websites.
User Generated Content
You may submit content, including text, images, photographs and video to The Merchandiser's Social Networks (collectively, “User Generated Content”), provided that you abide by these common sense rules:
- If you post it, you own it
Think twice before you publish. Would you want your family, friends, colleagues, or others to read or see the content you post? Keep in mind that even if original content can be deleted, the content that is shared and distributed through an array of channels can be reposted, searched, and found on the Internet.
- Respect the law, including with regard to intellectual property
It is critical that you show proper respect for the law generally, and specifically for the laws governing copyright and fair use of copyrighted material. You should not quote more than short excerpts from someone else’s work. It is good general practice to link to others’ work. Use appropriate symbols to mark the first appearance of trademarked terms in your content. Do not post images, music or other copyrighted content unless you own them or have permission from the owner to display such content in this context. Keep in mind that the laws may differ depending on where you live.
- Treat others like you want to be treated
Be respectful of others’ opinions and beliefs. Use common courtesy when posting content: refrain from abusive, obscene, or offensive language, images, or links. Do not post content from, or links to, Internet sites that feature sexual content, gambling, or that advocate intolerance of others; and do not create such content on The Merchandiser’s Social Networks.
- Do not post confidential or proprietary information
By posting content to The Merchandiser’s Social Networks, you are agreeing to allow anyone with access to The Merchandiser’s Social Networks to access it and use it without restriction, except with regard to any applicable intellectual property rights that you or others may have in such content. You agree that you will not post or transmit material that is confidential or proprietary to you or a third-party.
The Merchandiser’s Rights and Disclaimers
- User Generated Content
- You grant to The Merchandiser a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and fully-paid, transferable right (including the right to sublicense) to exercise all copyright, publicity, and moral rights with respect to any User Generated Content you post on The Merchandiser's Social Networks in any media formats and through any media channels.
- The Merchandiser expressly disclaims any liability or responsibility for the User Generated Content posted to its Social Networks, and such content does not necessarily represent the opinions or positions of The Merchandiser.
- The Merchandiser does not promise or guarantee that any User Generated Content posted on The Merchandiser's Social Networks is correct or accurate, and The Merchandiser does not necessarily agree with or endorse such content.
- The Merchandiser retains the right to decline to post any User Generated Content, or remove any previously posted content on The Merchandiser's Social Networks in our sole discretion.
- You understand that when using the Site or the The Merchandiser's Social Networks, you will be exposed to User Generated Content from a variety of sources, and that The Merchandiser is not responsible for the usefulness, safety, or intellectual property rights of or relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Merchandiser with respect thereto.
- The Merchandiser’s Social Networks
- The Merchandiser reserves the right, but does not have the obligation, to monitor The Merchandiser’s Social Networks.
- ALL CONTENT PROVIDED ON the SITE AND The Merchandiser's Social Networks IS PROVIDED “as is”, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EITHER express or implied, including, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND noninfringement of any intellectual or other proprietary rights OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
- The Merchandiser AND ITS SUPPLIERS SHALL not be liable for ANY direct or indirect damages, including without limitation, lost profits OR REVENUES, COSTS OF REPLACEMENT GOODS, lost savings, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE MERCHANDISER'S SOCIAL NETWORKS OR ANY OF THE MERCHANDISER'S PRODUCT, DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE CONTENT PRESENTED, or any incidental, special, or other economic consequential damages, even if THE MERCHANDISER OR ITS SUPPLIERS have been advised of the possibility of such damages.
- By using the SITE AND THE The Merchandiser's Social Networks, you agree to indemnify AND hoLD The Merchandiser HARMLESS against any AND ALL third-party action based upon OR ARISING DIRECTLY OR INDIRECTLY FROM any content you post on the The Merchandiser's Social Networks.
- The Merchandiser does not grant you any express or implied rights or licenses under any intellectual property rights.
- The Merchandiser respects your personal privacy and the sensitivity of your corporate information. When you visit the Site, we may collect personally identifiable information that you choose to voluntarily disclose. We also may automatically collect certain website use information as you browse the Site. We may share your personal information with other companies and individuals that perform supporting functions in connection with orders for The Merchandiser products (e.g., credit card processing), and with maintaining the Site and The Merchandiser's Social Networks. Except as provided herein, we will not share your personal information or any website use information with any party unless required by law.
- Be considerate of others’ privacy, do not reference another without his or her permission.
The Merchandiser Employees
- If you are an employee of The Merchandiser, you must also follow The Merchandiser's Employee Social Networking Guidelines.
- Content posted by The Merchandiser employees is their own and does not necessarily represent the positions, strategies, or opinions of The Merchandiser, unless such persons have been authorized by The Merchandiser to speak on its behalf. The content on The Merchandiser's Social Networks is provided for informational purposes only and is not meant to be an endorsement or representation by The Merchandiser or any other party.
Digital Millennium Copyright Act Notice and Takedown Procedure
- If you believe that your copyright or other rights have been infringed, please provide The Merchandiser’s Designated Agent (identified below) written notice with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest.
- A description of the copyrighted work or other work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Site or The Merchandiser's Social Networks.
- Your address, telephone number, and email address.
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- The Merchandiser’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
- The Merchandiser Inc.
70 Stevens Street
Clifton Springs, NY 14432
Email us here!
- The Merchandiser Inc.
- If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
Terms and Conditions Regulating Email Collection
TERMS AND CONDITIONS OF USE
The website from which you accessed this agreement ("the Website or site") is provided to you subject to the following conditions. These terms are in addition to any other terms governing access to the Website. By visiting (in any manner) the Website you accept these terms and conditions (the "Terms of Service"). Please read them carefully.
Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. These individuals shall ultimately be responsible for the behavior of their Non-Human Visitor agents and are liable for violations of the Terms of Service.
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
Special restrictions on a visitor's license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically. Non-Human Visitors are restricted from taxing the resources of the Website beyond what would be typical of a human visitor.
Furthermore, as specified by the "no-email-collection" flag in the header pages within the Website and/or the contents of the robots.txt file, email addresses on this site are considered proprietary intellectual property of the author/owner of the Website and or the clients ("individuals or businesses") of the website. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Website, You acknowledge and agree that each email address the Website contains has a value not less than US $500 derived from their relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is recognized under this agreement as a violation of this agreement and expressly prohibited.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service ("Judicial Action") shall be governed by the law of the state of residence of the registered Administrative Contact (the "Admin State") for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. The visitor to the Website consents to the jurisdiction of federal and state courts within the Admin State. The visitor to the Website consents to the venue in any action brought against him in connection with breaches of these Terms of Service. The visitor to the Website consents to electronic service of process regarding actions under the above agreement.
The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of the Website.
RECORDS OF VISITOR USE AND ABUSE
As a visitor to the Website, you consent to having your Internet Protocol address recorded. An email address may appear immediately below (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.