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TERMS AND CONDITIONS ON NRF.COM

Modified: March 29, 2019

Welcome to our web site (“Site”).  We maintain this web site as a service to our
members for educational and business purposes only and not to provide any
specific advice.  By accessing, browsing, or using our Site, you are agreeing to
comply with and to be bound by the following terms and conditions.  Please
review the following terms carefully.  If you do not agree to these terms and
conditions, you should not use this web site.  Note that the terms “we,” “our,”
and “us” used below refer to National Retail Federation.

 

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Web Site Use Agreement
Terms & Conditions (“Agreement”) with respect to our Site.  This Agreement
constitutes the entire and only agreement between us and you, and it supersedes
all prior or contemporaneous agreements, representations, warranties and
understandings with respect to your use of this Site.  This Agreement may be
amended at any time by us without specific notice to you.  The current version
of the Agreement will be posted on the Site, and you should review it prior to
using the Site.

 

2. Use of Site

 

 1. Our Limited License to You.  The content on this Site includes, but is not
    limited to, text, photos, videos, infographics, graphics, copyrighted
    material, trademarks, trade names, service marks, logos, information from
    our licensors, Submissions (as defined below) and other material
    (“Content”).  As between us and you, ownership of such Content is and
    remains with us.  We grant you a limited, revocable, and nontransferable
    license to view and use a single copy of the Content solely for your
    personal use.  Except as expressly permitted by us in writing, you are not
    allowed to modify, copy, reproduce, republish, upload, post, transmit,
    translate, create derivative works of, incorporate into any information
    retrieval system, exploit, license, distribute, transfer, sell, or re-sell
    any Content or any services obtained from this Site.
 2. Your License to Us.  Some areas of the Site provide the opportunity for you
    to share knowledge and to post interesting and helpful information directly
    or via web site links including, but not limited to, remarks, suggestions,
    ideas, videos, infographics, graphics, material, specifications, white
    papers, case studies and other information (the “Submissions”).  By posting
    Submissions, you grant to us an irrevocable, royalty-free, worldwide,
    perpetual license to use, reproduce, modify, adapt, publish, translate,
    create derivative works from, distribute, exploit, perform, display
    worldwide, and create derivative works from the Submissions for any purpose
    without compensation to you.  You also grant us the right to identify you as
    the author of your Submissions by name and/or email address.  We will not be
    required to treat your Submissions as confidential.  We will not be liable
    for the Submissions including, but not limited to, any similarities between
    your Submissions and any existing or future products, services or
    operations.  By your posting Submissions, we are not endorsing your
    products, services, or business, and under no circumstances may you
    represent that we are.  By posting Submissions, you represent and warrant
    that either you are the owner of the Submissions or that the owner of the
    Submissions has consented to your use of it in the manner in which it is
    used.  You acknowledge that you are and will be solely responsible for your
    Submissions as well as any damages caused by it including, but not limited
    to, any infringement upon the rights of other parties.

At a minimum, you agree that you will not post Submissions that include any of
the following:

 2. 1. Anything that interferes with or disrupts the Site or the operation of
       the Site;
    2. Statements about candidates for political office;
    3. Statements or other material that defames, harasses, abuses, stalks,
       threatens or in any way infringes on the rights of others;
    4. Statements or material that encourages criminal conduct or that would
       give rise to civil liability or otherwise violate any law or regulation
       in any jurisdiction;
    5. Statements or material that contains vulgar, obscene, profane or
       otherwise objectionable language or that would not be considered socially
       or professionally appropriate;
    6. Statements or material that impersonate any other person or entity
       whether actual or fictitious;
    7. Statements or material that constitute junk mail, spam or unauthorized
       advertising or promotional material; and
    8. Files that contain malicious code, viruses, corrupted files or any other
       software that may damage the operation of another’s computer system.
 3. Compliance with Law.  You agree that your use of the Site will comply with
    all applicable laws.

 

3. White Paper Submissions

With regard to white paper Submissions, only current members of National Retail
Federation are permitted to post such Submissions.  By posting white paper
Submissions, you agree that it may be viewed, downloaded, displayed and shared
by Site users perpetually, worldwide and on a royalty-free basis.

 

4. Users

To access certain features of this Site, we may ask you to register by providing
information about yourself.  Our use of such information is governed by the
terms of our Privacy Policy.

By using this Site:

 1. You represent that all registration and other information you submit, if
    any, is truthful and accurate;
 2. You agree to maintain the accuracy of any information you provide;
 3. You agree that you will not submit any personal information if you are under
    the age of thirteen;  and
 4. Your use of the Site does not violate any applicable law or regulation.

You may create and/or receive a username, password, or account for use of the
Site. In such case, you are responsible for maintaining the confidentiality of
the password, and you are responsible for all activities that occur under your
password, username and account.  We assume no liability for any loss or damage
from any unauthorized use of your password or account by a third- party.

You represent and warrant that if you are purchasing a service or product from
us on our Site or on a third-party web site, any credit information you supply
is true and complete and that charges, including applicable taxes, incurred by
you will be honored by your credit card company or you will pay the charges.

 

5. Third-Party Services and Links to Other Websites

Our Site may allow access to or promote third-party product and/or service
providers and sponsors (“Merchants”) from whom you may purchase certain goods or
services.  You understand that we do not operate or control the products or
services offered by Merchants.  Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service.  We are not a party
to any transactions entered into between you and Merchants.

In addition, this Site may contain links to websites operated by other parties. 
We provide these links to other websites as a convenience and use of these sites
is at your own risk.  The linked sites have not been reviewed or monitored by
us, are not owned or operated by us, and are not under our control, and we are
not responsible for the content available on the other sites or any information
that you provided on such sites.  Inclusion of any linked web site in our Site
does not imply our approval or endorsement of information or material on these
web sites by us.

USE OF MERCHANTS’ AND OTHER THIRD-PARTY WEB SITES, PRODUCTS AND SERVICES IS AT
YOUR SOLE RISK, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT, CONCERNING MERCHANT AND THIRD-PARTY
WEBSITES.  WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE CONTENT, MATERIALS,
ACCURACY OR QUALITY OF PRODUCTS OR SERVICES ON THIRD-PARTY WEB SITES.  UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM: (A) YOUR ACCESS TO AND
USE OF MERCHANTS’ SITES OR ANY OTHER SITE LINKED TO OUR SITE, (B) THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS AND ANY THIRD PARTIES, OR (C) ANY
INFORMATION, SERVICE OR PRODUCT APPEARING ON MERCHANTS’ WEB SITES OR ANY OTHER
SITE LINKED TO OUR SITE.

 

6. Links to Our Site

Unless otherwise set forth in a written agreement between you and us, you agree
to the following when linking to our Site:

 1. The appearance, position and other aspects of the link may not be such as to
    damage or dilute the goodwill associated with our trademarks and names;
 2. The appearance, position and other attributes of the link may not create the
    false appearance that your organization or entity is sponsored by,
    affiliated with, endorsed by or otherwise associated with us;
 3. When selected by a user, the link must display this Site on full-screen and
    not within a “frame” on the linking web site; and
 4. We reserve the right to revoke access to the link and the related website at
    any time and in our sole discretion.

7. Indemnification

You agree to indemnify, defend, and hold harmless National Retail Federation,
Inc., and our current and future directors, affiliates, subsidiaries, officers,
staff, and product and service providers (“Affiliated Parties”) from and against
all liability, loss, claim and expense, including reasonable attorneys’ fees and
legal fees, related to your violation of this Agreement or related to your use
of the Site or its Content.

 

8. Disclaimer and Limitations

THE SITE AND THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS
AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE)
ARE DISCLAIMED TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW.  WE EXPRESSLY
DISCLAIM TO THE EXTENT ALLOWED BY APPLICABLE LAW, NARROWLY CONSTRUED, ALL
LIABILITY FOR ALL CONTENT ON THIS SITE DRAFTED OR SUPPLIED BY PARTIES OTHER THAN
NATIONAL RETAIL FEDERATION, INC.  THE SITE AND ITS CONTENT, INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.  WE HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY SITE CONTENT, INFORMATION OR SERVICE. 
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE, WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, EXCEPT AS OTHERWISE REQUIRED BY LAW.  IN ADDITION, THE AFFILIATED
PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. 
THE LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US AND YOU.  THIS SITE AND THE PRODUCTS, SERVICES,
CONTENT AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.  WE DO NOT PROVIDE LEGAL ADVICE NOR DO
WE ENTER INTO ANY ATTORNEY-CLIENT RELATIONSHIP.  ALL RESPONSIBILITY OR LIABILITY
FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN AN ELECTRONIC FILE ACCESSED
THROUGH THE SITE IS DISCLAIMED.  OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL
CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS,
SERVICES OR INFORMATION PROVIDED ON THIS SITE.

 

9. Notice and Procedure for Making Claims of Copyright or Other Intellectual
Property

We respect the intellectual property of others and take the protection of
copyrights and all other intellectual property very seriously, and we ask our
users to do the same. We therefore employ measures to prevent copyright and
other intellectual property infringement on the Site. Pursuant to Title 17,
United States Code, Section 512(c)(2), if you believe that your work has been
copied in a way that constitutes copyright or other intellectual property
infringement, please send a written notification of the claimed copyright or
other intellectual property infringement to the following Designated Agent:

General Counsel
National Retail Federation
1101 New York Avenue, N.W., Suite 1200
Washington D.C. 20005
Fax: (202) 737-2849

Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the
notification must include the following information:

 1. A physical or electronic signature of the person authorized to act on behalf
    of the owner of the copyright or other intellectual property interest that
    is allegedly infringed;
 2. Identification of the copyrighted work or other intellectual property that
    you claim has been infringed, or if multiple copyrighted works or other
    intellectual property on the Site are covered by the notice, a
    representative list of such works;
 3. Identification of the material that you claim is infringing or you claim is
    the subject of infringing activity and that should be removed or access to
    which should be disabled, and information reasonably sufficient to permit us
    to locate the material;
 4. Information reasonably sufficient to permit us to contact you, such as your
    name, address, telephone number and email address;
 5. A statement by you that you have a good-faith belief that the disputed use
    is not authorized by the copyright or other intellectual property owner, its
    agent, or the law; and
 6. A statement by you that the notification is accurate, and under penalty of
    perjury, that you are the owner of the copyright or other intellectual
    property or that you are authorized to act on behalf of the owner of the
    copyright or other intellectual property.

 

10. Information and Press Releases

THE SITE CONTAINS INFORMATION AND PRESS RELEASES ABOUT US. WHILE THIS
INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY
DUTY OR OBLIGATION TO UPDATE THIS INFORMATION OR ANY PRESS RELEASES. Information
about organizations other than ours contained in the press release or otherwise
should not be relied upon as being provided or endorsed by us.

 

11. Termination

Notwithstanding any of the terms of this Agreement, we reserve the right to
discontinue the Site and to terminate your use of the Site which includes
blocking your access to the Site and its Content or any portion of it at any
time without notice and in our sole discretion.

 

 

12. Privacy Policy

By agreeing to these terms, you acknowledge that we may use and disclose your
information as described in our Privacy Policy.  Note that its terms may change
from time-to-time without notice. You should check our Site to be informed of
our current policy.

 

13. Miscellaneous

The headings in this Agreement are for convenience of reference only and shall
not limit or otherwise affect the meaning hereof. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in full
force and effect. To the extent that the Privacy Policy or anything in or
associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall have precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision. This Agreement is the complete agreement and
supersedes all prior or contemporaneous understandings, negotiations and
communication, whether oral or written, with respect to the subject matter
hereof. Only National Retail Federation may modify this Agreement, and it may do
so at any time without notice. You should check our Site to be informed of our
current policy. Modifications will be in effect upon posting to the Site.

For all purposes, this Agreement shall be governed and construed in accordance
with the laws of the District of Columbia without regard to its choice-of-law
rules, and any legal action or proceeding arising out of this Agreement or
related to the Site will be brought and resolved exclusively in the federal and
local courts of the District of Columbia or by dispute resolution proceedings
held in Washington, D.C., USA.  Any cause of action or claim you may have with
respect to this Agreement or this Site must be commenced within six (6) months
after the claim or cause of action arises or such claim or cause of action shall
be barred.

 

14. Additional Questions

Thank you for your cooperation.  Questions or comments regarding the Site except
for claims addressed under Section 9 above should be directed by electronic mail
to webcontent@nrf.com.

 * 1101 New York Avenue NW Suite 1200
   Washington, DC 20005
 * 1-202-783-7971
   1-800-673-4692
 * contact@nrf.com

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