Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

ShopperTrak, its subsidiaries and affiliates ("ShopperTrak") require that all visitors to a World Wide Web site owned, operated, licensed, or controlled by ShopperTrak (a "ShopperTrak Site") adhere to the following terms of service. By accessing and using a ShopperTrak Site, you indicate your acknowledgment and acceptance of these terms of service. If you do not agree with these terms of service, you should not use a ShopperTrak Site.

RESTRICTIONS ON USE

All the materials, graphics, sounds and other components on this site are copyrighted unless otherwise noted. Any unauthorized use of materials on this site may violate copyright, trademark and other laws and intellectual property rights of ShopperTrak. Materials from this site may not be copied or distributed, or republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of ShopperTrak except that you may download one copy of the materials on one computer for your personal, non-commercial home or archival use only and provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein. The materials in this site are provided for lawful purposes only. If you download software from this site, the software, including all files and images contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by ShopperTrak. Neither title nor intellectual property rights are transferred to you, but remain with ShopperTrak, who owns full and complete title and all copyright rights in the Software. If the downloaded software constitutes a maintenance patch, fix, upgrade, add-on or other addition or modification to software already licensed to you by ShopperTrak, the terms of the license for the downloaded software shall be the same as those of your existing license except to the extent specifically modified by a notice accompanying the downloaded software. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human or machine perceivable form.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on this site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the materials by the U.S. government constitutes acknowledgment of ShopperTrak's proprietary rights in them.

DIGITAL MILLENNIUM COPYRIGHT ACT

ShopperTrak has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. ShopperTrak reserves the right to remove any content contained in or posted to this site which allegedly infringes another person's copyright. Notices to ShopperTrak regarding any alleged copyright infringement on this site should be directed to ShopperTrak, at 200 West Monroe Street, 11th Floor, Chicago, IL 60606, U.S.A, tel. +1 312 529 5300.

RESTRICTION OF LIABILITY

SHOPPERTRAK WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. SHOPPERTRAK WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF SHOPPERTRAK OR AN AUTHORIZED SHOPPERTRAK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SHOPPERTRAK'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to ShopperTrak through this site (together, the "Submission") will forever be the property of ShopperTrak. ShopperTrak will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future ShopperTrak operations. Without limitation, ShopperTrak will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, ShopperTrak will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not ShopperTrak, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.


JURISDICTION

Except as described otherwise, all materials in this site are made available only to provide information about ShopperTrak and its services. ShopperTrak controls and operates the "ShopperTrak.com" site and certain other ShopperTrak Sites from its offices at 200 West Monroe Street, 11th Floor, Chicago, Illinois, 60606, United States of America and makes no representation that the materials on such sites are appropriate or available for use in other locations. Other ShopperTrak Sites may be controlled and operated outside of the United States of America and may be subject to the laws of the country in which they are controlled and operated. If you use a ShopperTrak Site from a location other than the location where the site is controlled and operated, you are responsible for compliance with applicable local laws. Some software on ShopperTrak Sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to entities on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you view, download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

DISCLAIMER

The materials in this site could include technical inaccuracies or typographical errors. Also, ShopperTrak may make changes or improvements to this site at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. SHOPPERTRAK DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOPPERTRAK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVERS THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOPPERTRAK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SHOPPERTRAK MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THIS SITE. YOU (AND NOT SHOPPERTRAK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

TERMINATION

ShopperTrak or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from this site and all related documentation and all copies and installations. ShopperTrak may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of this agreement without the written approval of ShopperTrak.

LINKED SITES

This site includes links to other sites which are not maintained by ShopperTrak. ShopperTrak is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by ShopperTrak of the sites or any products or services referred to therein. ShopperTrak may terminate a link at any time. The terms of service and privacy policies applicable to such sites may be different from those applicable to this site. If you decide to access any third party site linked to this site, you do so entirely at your own risk and ShopperTrak shall have no liability for any loss or damage arising from your use of any such site.

LINKING AND LOGO POLICY

By linking to any page on this site, you hereby agreed to be bound by the terms and conditions as set forth below. Except as provided below, ShopperTrak prohibits caching, use or posting of unauthorized hypertext links to this site and the framing of any content available through this site. You may link to this site only via the home page (i.e., www.ShopperTrak.com) or a designated gateway page. A gateway page is any page that is the first and primary page that serves as a starting point to a significant body of content. Links can be by text only and may only read "ShopperTrak." Images of the ShopperTrak logo for link purposes can only be made with the express permission of ShopperTrak. Any requests for such permission or for permission to link to this site in a manner other than as permitted in the preceding paragraph should be addressed to ShopperTrak at 200 West Monroe Street, 11th Floor, Chicago, IL 60606, U.S.A, tel. +1 312 529 5300. By linking, you acknowledge and agree that, other than as set forth herein, all rights to the ShopperTrak trademarks or service marks used on this site, the content appearing on this site and the design of this site belong to ShopperTrak. You must not misrepresent your relationship with ShopperTrak or present false or misleading impressions about ShopperTrak. No links to a ShopperTrak Site may be used in a manner that implies or suggests that ShopperTrak approves or endorses you, your website or your goods and services (in all cases, except as ShopperTrak may have agreed separately with you in writing). ShopperTrak shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend ShopperTrak against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. ShopperTrak reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to a ShopperTrak Site from your website. Subject to your compliance with the above terms, ShopperTrak agrees to grant you a limited, non-exclusive, non-transferable, royalty-free license to use the "ShopperTrak" name solely for the purpose of establishing any permitted link hereunder. Except for the limited license to use the "ShopperTrak" name as set forth in this paragraph and otherwise as may be permitted by applicable law, you may not use any of ShopperTrak's trademarks or service marks for any other reason without the express written permission of ShopperTrak. ShopperTrak may at any time, in its sole discretion, without cause, terminate the license granted herein to use the "ShopperTrak" name and your right to link to any pages on a ShopperTrak Site. In such event upon request, you agree to immediately remove all links to the relevant ShopperTrak Site and to cease using the "ShopperTrak" name for linking purposes. Thereafter, any future links to a ShopperTrak Site will require the express written permission of ShopperTrak. ShopperTrak reserves the right to amend these linking terms and conditions at any time. By continuing to link to a ShopperTrak Site, you agree to be bound to and abide by these linking terms and conditions, as well as other legal terms of use and conditions on the ShopperTrak Site, as amended from time to time.

MISCELLANEOUS

These Terms of Service will be governed and be interpreted pursuant to the laws of the State of Illinois and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Service is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. ShopperTrak can revise these Terms of Service at any time by updating this posting.

TRADEMARK AND SERVICE MARK INFORMATION

The attached list of trademarks and/or service marks (collectively, "Marks"), some or all of which are used on this or other ShopperTrak Sites, are trademarks or registered Marks owned by ShopperTrak Corporation, its subsidiaries and/or affiliates. All other trademarks are the property of their respective owners. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web, without the written permission of ShopperTrak.
SHOPPERTRAK
Retail Intelligence
Orbit
NRSE
NRTI

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