General Website Terms and Conditions
This page states the Terms and Conditions (the “General Terms” or the “Agreement”) under which any User (“User”) may use The Retail Bus Tour Web Site located at http://www.retailbustour.com (the “Web Site”). Please read this page carefully. By accessing and using the Web Site, User accepts and agrees to be bound, without modification, limitation or qualification, by these Terms. If User does not accept any of the Terms stated here, User must not use the Web Site. The right to access and use the Web Site is not transferable to any person or entity. The Retail Bus Tour, Inc. (“RBT”) may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit this Terms & Conditions page periodically to review the Terms.
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE.
Section 1 Changes:
RBT reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Web Site and any and all features and sections contained therein, with notice to registered users provided via posting to the Website or email, and immediately in the event of technical difficulties. RBT shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.
Section 2 IP Rights and Ownership:
The contents of the Web Site, such as text, graphics, images, audio, video and other material, as well as the underlying html source code of the Web Site (“Content”) are protected by copyright under both United States and foreign laws, and are owned or controlled by RBT or by third parties that have licensed their Content to RBT. Unauthorized use of the Content may violate copyright, trademark, and other laws. User must retain all copyright and other proprietary notices contained in the original Content on any copy User makes of the Content. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. User may download RBT’s copyrighted Content for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Content will be permitted without the express permission of RBT and the copyright owner. In the event of any permitted copying, redistribution or publication of the Content, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading the Content. The trademarks, logos and service marks (the “Marks”) displayed on the Web Site are owned by RBT or by third parties. User is prohibited from using those Marks without the express, written permission of RBT or such third party. If User would like information about obtaining RBT’s permission to use the Content on your website, e-mail email@example.com. RBT and all related logos, whether or not registered, are trademarks belonging to RBT. All rights reserved. All other trademarks appearing on the Web Site are the property of their respective owners.
Section 3 Links:
RBT may provide links to third party websites. These links are provided solely as a convenience to User and not as an endorsement by RBT of the contents on such third-party Web sites. RBT is not responsible for the content of linked third-party sites. RBT exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party Web sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained thereon. RBT shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Users acknowledge their use of these third party websites is at their sole risk.
Section 4 Representations and Warranties – Liability Disclaimers:
User represents, warrants and covenants that (a) they will use the Web Site for lawful purposes only (b) no materials of any kind submitted through their account which (i) violate or infringe in any way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene or profane in the sole discretion of RBT, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contains any advertising or solicitation with respect to products or services (without the express prior written approval of RBT). The Content may contain inaccuracies or typographical errors. RBT makes no representations, warranties or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Web Site and the Content.
USER EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT USER’S SOLE RISK. NEITHER RBT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL RUN UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT RBT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
Section 5 Disclaimers of Certain Damages:
Section 6 Indemnity:
User agrees to defend, indemnify, and hold harmless RBT, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Web Site and any Content contained therein by User or through User’s account, or by User’s breach of the terms of this Agreement. RBT shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit or proceeding. RBT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.
Section 7 User Information:
Section 8 General:
All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of Florida applicable to contracts entered into and performed within the State of Florida, without respect to its conflict of laws principles. By using the Web Site, User agrees that the exclusive forum for any claims or causes of action arising out of User’s use of the Web Site shall be either any state court for or within Palm Beach County in the State of Florida and the United States District Court for the Southern District of Florida. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between User and RBT with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of RBT. The section headings used herein are for convenience only and shall not be given any legal import.
Section 9 Registration for the Retail Bus Tour:
Please note that, due to advance committments necessary for transportation and printing of all marketing materials provided to all Retail Bus Tour attendees, all registrations for The Retail Bus Tour are final and non-refundable and cannot be cancelled. If, however, a registrant is unable to attend the Retail Bus Tour which they have registered for, the registrant may transfer their registration to another person that is employed with the same company as the registrant.
This page states the Terms and Conditions (the “Specific Terms” or the “Agreement”) under which any User (“You”) may use the RBT Web Site located at http://www.retailbustour.com (the “Web Site”). Please read this page carefully. By accessing and using the Web Site, User accepts and agrees to be bound, without modification, limitation or qualification, by both the General Terms & Conditions for use of the RBT site. If User does not accept any of the Terms stated here, he/she must not use the Web Site. The right to access and use the Web Site is not transferable to any person or entity. The Retail Bus Tour, Inc (“RBT”) may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms & Conditions page (http://www.retailbustour.com/terms ) periodically to review the Terms. These Specific Terms and Conditions incorporate the General Terms of Conditions of the RBT site by reference. Each User hereby understands that he/she is bound by all General and Specific terms and conditions which may be implemented by RBT from time to time. YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE.
Section 3 Communication:
RBT reserves the right to send User’s electronic mail for the purpose of informing Users of changes or additions to the Web Site, this Agreement and any other service provided by RBT.