Terms of Use

Acceptance of Terms

Welcome to retailtenants.org (hereinafter referred to as "our site.") The National Retail Tenants Association ("We" or "NRTA") provides our site to you as a service subject to the following Terms of Use ("TOU"). Unless explicitly stated otherwise, all features of our site are subject to the TOU. By using our site, you accept the terms below. If you do not accept any of these terms, you are not authorized to use our site. We reserve the right to modify these terms at any time. Your continued use of our site following the posting of any changes to the TOU constitutes your acceptance of the new terms.

We reserve the right to modify, suspend or discontinue our site, or any part of it, at any time, for any reason without prior notice to you. You agree that we shall not be held liable for any such modification, suspension, or discontinuance.

Registration Obligations

If you choose to become a registered user of our site, you agree to provide us with true, accurate and current registration information and to update your registration information to keep it that way.

Privacy Statement

Your registration information, as well as other personally identifiable information that you provide us about yourself on our site, is securely maintained. We value the trust and privacy of our members and other supporters.

Any personal information that you provide to us beyond what is required to complete membership and/or conference registration forms is voluntary.

If you provided permission for us to send you notifications for new posts in the Member Forum, or any other similar types of posts generated through our website, you may change your permission settings in your Member Profile at any time.

Information Security

We maintain administrative, technical and physical safeguards designed to: (1) insure the security and confidentiality of your personal information; (2) protect against any anticipated threats or hazards to the security or integrity of such information; and (3) protect against unauthorized access to or use of such information.

Password Security

Please keep your user ID and password confidential. You agree to accept sole responsibility for all activities that occur using your password.

User Conduct

As a condition of using our site, you agree not to use our site, among other things, to:

  1. impersonate any person or entity, including but not limited to an official of NRTA or its affiliates, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  2. forge headers or otherwise manipulate identifiers in order to disguise the origin of any text, software, music, sound, photographs, graphics video, or other materials (hereinafter referred to as "Content") transmitted through our site;
  3. harm minors in any way;
  4. harass, threaten, embarrass or cause distress, unwanted attention, or discomfort to a person or entity;
  5. transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable, as solely determined by NRTA;
  6. transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  7. transmit or otherwise make available any unsolicited advertising, promotional information, bulk email or other solicitation;
  8. transmit or otherwise make available any COntent containing any "virus," "worm," "trojan horse," or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt our site or servers or networks connected to our site, or disobey any requirements or policies of networks connected to our site; or intentionally or unintentionally violate and applicable local, state, national or international law.
  10. You further agree that his list is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgement to determine whether certain conduct violates this User Conduct Section.

User-Submitted Content

By submitting Content to us for inclusion on our site, an electronic mailing list, a message board, or otherwise, you represent and warrant that:

  1. our publication of the COntent will not infringe any patent, trademark, trade secret, copyright, or other proprietary right of any party, and
  2. you have complied with the TOU.

You also grant NRTA and our affiliates:

  1. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any medium, and
  2. the right to use the name and contact information that you submit in connection with such Content, if we so choose. You agree that you will not be compensated for any Content you submit to our site unless expressly contracted in writing to do so.

Indemnity

You agree to indmnify and hold harmless NRTA, and its respective officers, directors, employees, agents, and partners from and against any claim or demand, inclusing attorneys fee, made by any third party in connection with:

  1. any Content that you transmit or otherwise make available via our site,
  2. your use of the site,
  3. your connection to our site, or
  4. your violation of the TOU.

Termination

You agree that NRTA may, in its sole discretion, terminate your use of our site for any reason, including but not limited to a violation of the TOU, without prior notice to you. You also agree that NRTA shall not be liable for any termination of access to our site.

Dealings with Advertisers

To defray the costs associated with providing our site, NRTA may sell advertising space on our site. We do not examine or evaluate the products, services, or offerings of advertisers found on our site. Accordingly, we do not warrant any products, services, or offerings of, such advertisers. Your correspondence or dealings with such advertisers are solely between you and the advertiser. You agree that NRTA shall not be held liable for any loss or damage incurred as a result of any such correspondence or dealings.

Links

The terms in the TOU do not apply to any Web sites that are linked from our site ("linked-sites"). These linked-sites will have their own policies and practices that may be different from ours. You understand and agree that NRTA is not responsible for the operation of any linked-site, and does not endorse nor is responsible for any Content, services, or advertising on linked-sites. You agree that NRTA shall not be held liable for any loss or damage incurred as a result of such Content, services, or advertising.

Disclaimer of Warranties

You agree that:

A. Your use of our site is at your sole risk. The service is provided on an "as-is" or "as-available" basis. NRTA expressly disclaims any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or noninfringement.

B. NRTA makes no warranty that:

  • The content made available via our site is accurate, reliable or correct;
  • our site will be available at any particular time or location;
  • the quality of any products, services, information, or the material purchased or obtained by you through our site will meet your expectations; that any defects or errors in the software will be corrected; and
  • content available via our site is free of viruses or other harmful components.
  • Because some jurisdictions do not allow the exclusion of certain warranties, certain exclusions in this section may not apply to you.

Limitation of Liability

You agree that NRTA, our affiliates, and each entity's respective officers, directors, employees, agents, and partners shall not be held liable for any direct, indirect, punitive, incidental, special, or consequential damages resulting from the use of, or inability to use, our site. This limitation applies whether NRTA has been advised of the possibility of such damages and whether the alleged liability is based on contract, tort, or any other basis. Because some jurisdictions do not allow the exclusion or limitation of certain damages, certain limitations in this section may not apply to you.

Intellectual Property

Unless otherwise indicated, the Content displayed on our site is the property of NRTA, our affiliates, third-party providers, or their respective licensors and is protected by copyright, trademark and other laws. Any such Content may be displayed solely for your personal, non-commercial use. You agree not to reproduce, modify, publish, translate, create derivative works, from, distribute, display, retransmit, or sell such Content without the prior written permission of the respective owner. Retailtenants.org and the NRTA logo are registered marks of NRTA You may not display or use such registered marks in any manner without prior written permission from NRTA.

Choice of Law

You agree that the laws of the State of Massachusetts shall govern the TOU and any disputes relating to our site.

Updated March 11, 2011

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