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  • General Provisions

  • Copyright and Trademark Notice

  • Site Content and Information

  • Linking to ROI Web Site

  • Third-Party Web Sites

  • Disclaimer and Limitation of Liability

  • Miscellaneous
  • Your use of the ROI Web site is governed by the policies, terms and conditions set forth below.

    Please read them carefully. By using this site, you indicate your acceptance of, and agree to be bound by, the terms and conditions set forth below (also referred to as this "Agreement").  If you do not agree to these terms and conditions, please do not use this site.  Retail Optimization International, Inc. (ROI) reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site. [Top of page]


    Copyright and Trademark Notice

    All screens appearing on this site, including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of ROI, Copyright © 2007, unless otherwise specified.  All rights not expressly granted herein are reserved.   Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. [Top of page]


    Site Content and Information

    The ROI web site contains information, advice, text and other materials that are provided for your convenience. While we have made every attempt to ensure that the information contained in this Site has been obtained from reliable sources, ROI is not responsible for any errors or omissions, or for the results obtained from the use of this information.  All information in this Site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.  ROI makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, companies, products or publications within the ROI web site does not imply endorsement of that product or publication. ROI is not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. In no event will ROI, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages. [Top of page]

    Linking To This ROI Web Site

    Link rules go here. [Top of page]


    Third-Party Web Sites

    The ROI web site provides links to third-party web sites, which are not under the control of ROI. ROI does not make any representations about third-party web sites.  When you access the ROI web site, you do so at your own risk. ROI is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites.  ROI provides these links merely as a convenience.  The inclusion of such links does not imply that ROI endorses, recommends, or accepts any responsibility for the content of such sites. [Top of page]

    Disclaimer and Limitation of Liability

    ROI MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SOFTWARE, THE INFORMATION, OTHER PRODUCTS, SERVICES OR MATERIALS OFFERED, SOLD OR DISPLAYED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ROI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE SOFTWARE, INFORMATION, OTHER PRODUCTS, SERVICES OR MATERIALS OFFERED, SOLD OR DISPLAYED ON THE ROI SITE OR YOUR USE OF THE ROI SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.  YOU AGREE THAT ROI, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES ("SERVICE PROVIDERS") SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE SOFTWARE, ANY SOFTWARE OBLIGATIONS OR ANY ACTION OR INACTION OF ANY PUBLISHERS OF THE SOFTWARE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.  IN NO EVENT SHALL ROI BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION , OR INTERRUPTION OF BUSINESS), REGARDLESS OF WHETHER ROI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF ROI AND THEIR SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SOFTWARE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT. [Top of page]



    Miscellaneous

    This Agreement and any applicable policies and procedures of ROI, together with those documents, policies and procedures expressly referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreement between the parties with respect to such subject matter. This Agreement shall be construed in accordance with and governed by the internal laws of the State of Florida without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Florida to the rights and duties of the parties. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer or delegate this Agreement or any part of it without ROI prior written consent. ROI may freely transfer, assign or delegate all or any part of this Agreement, and any rights and duties there under, without the requirement of consent. This Agreement will be binding upon and inure to the benefit of the heirs, successor and permitted assigns of the parties.[Top of page]

     
    WEBMASTER LEGAL DISCLAIMER
    ©2007 RETAIL OPTIMIZATION INTERNATIONAL, INC.