Website Privacy
Statement
RTM Directories, Inc. and Showroom411.com
This document was last updated on
January 16, 2008.
1. Online Privacy Statement
This Privacy
Statement describes the online information collection and use practices of the
web sites operated by RTM Directories, Inc. and its corporate divisions and
business affiliates at which this Privacy Statement is posted, which includes
but is not limited to the following web sites: Showroom411.com,
Maselliconstruction.com and leveladvice.com.
This Privacy Statement does not in any way describe RTM Directories,
Inc’s offline information collection and use practices, or the practices RTM
Directories, Inc employs when collecting information online through means other
than the above listed websites. An example of such additional information
collection practices include but are not limited to you as a user sending RTM
Directories, Inc or any website an email message. “We” or “us” or “RTM
Directories” refers to RTM Directories, Inc. and its affiliates.
2. Acknowledgement and acceptance of terms
RTM
Directories, Inc., its
divisions and affiliates are committed to protecting your privacy. This Privacy
Statement is current as of updated date listed above and sets forth our current
privacy practices with regard to the information we collect when you or your
computer interacts with our website(s).
By accessing RTM Directories, Inc., Showroom411.com or any affiliates
or divisions, you as the end user viewing this information and/or website acknowledge
and fully understand RTM Directories, Inc.’s Privacy Statement and
freely consent to the information collection and use practices described in
this Privacy Statement. If RTM Directories, Inc. makes any substantive changes
to this Privacy Statement we will announce it on our web sites and revise the
current date listed. If you have provided us with contact information we will
send you a notice to the email address we have on file for you. RTM
Directories, Inc will not be responsible for inaccurate or out dated email
addresses when supplying Privacy Statement updates. If you have any questions
or concerns regarding this policy contact us at legal@showroom411.com. Once the changes have been made, your continued
use and/or access of the website will constitute your acceptance and consent to
the information collection and use practices described in the revised Privacy
Statement.
3. Participating Advertiser and Merchant
Policies
RTM
Directories, Inc. websites contain links to web sites owned and operated by
unaffiliated third parties. These links are provided as a service to you as a
user of our website and do not constitute RTM Directories, Inc’s endorsement or
support of the third party web sites or the information contained within the
third party web sites. Related services and offerings with links from this
website, including vendors, suppliers, material men, contractors,
subcontractors, and/or service provider sites, have their own privacy
statements that can be viewed by clicking on the corresponding links within
each respective website. Unaffiliated third parties who participate in RTM
Directories, Inc. services and provide information and links through RTM
Directories, Inc. websites are encouraged to participate in industry privacy
initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control
over the policies or practices of participating merchants and other third
parties, we are not responsible for and do not endorse the privacy practices or
contents of those sites. We recommend
and encourage that you always review the privacy policies of any advertisers, merchants
and other third parties before you provide any personal information or complete
any transaction with such parties. Please contact each third party provider
directly if you have any questions about their privacy policies or the
information they require for you to complete any transaction.
4. Information We Collect and How We
Use It
RTM
Directories, Inc. collects
certain information from and about its users in the following ways which
include but are not limited to: directly from our Web Server logs, the user,
and with Cookies. RTM Directories, Inc. also collects information volunteered
by you in several areas, including newsletter sign up pages, site
registrations, and web site surveys.
Certain information we request for you to participate in certain
features within the website(s) may include but not be limited to personally
identifiable information such as name, address, telephone and fax numbers,
email address, as well as “demographic” information such as your hobbies or
personal preferences. We will at all
times inform you at the time we collect information whether the information
requested is necessary for you to participate in a particular feature on the
website(s).
Visitors to
our website can also purchase certain goods or services. If you are purchasing a good or service, we
will request certain financial information.
Any financial information we collect will be used only to bill you for
the goods or services you agreed to purchase.
If your purchase is made by credit card, this information may be
forwarded to your credit card provider.
We will not
disclose personally identifiable information we collect from you to third
parties without your permission except to the extent necessary including but
not limited to the following:
- To fulfill
your service requests for goods or services
- To respond to
legal process including a court order or comply with federal, state or local
law
- In connection
with a merger, acquisition, or liquidation of RTM Directories, Inc. or its
affiliates and business divisions
The
information collected may also be used to respond to specific requests by you
including sending you periodic information and special offers from RTM
Directories, Inc. or Showroom411.com or its affiliates and our sponsors and/or
advertisers, to provide you with updates on offerings and features, to provide
you with product information from manufacturers or affiliates in RTM
Directories, Inc. database, to provide notice of changes to Terms of Use and
Privacy Statement and to provide our sponsors and advertisers with data about
our users. The information provided by you may also be used to better understand
users’ interests and usage behavior, and may be collected and/or combined with
information from affiliates of RTM Directories, Inc. either online or offline
sources.
a. Use
of Cookies, Web Server Logs and other electronic information collection
mechanisms.
When you visit
our Website(s), we may track information to administer the site and analyze its
usage. Examples of information we may track include:
Your computer’s Internet protocol address or IP address.
- The kind of web browser or computer you use.
- Number and type of links you click within the site.
- Locality including the state or country from which you accessed
the site.
- Date and time of your visit(s).
- Name of your Internet service provider.
- Web page you linked to our site from.
- Pages you viewed on the site.
IP addresses are collected for system administration purposes and for use
in studying how people use or site(s) and how RTM Directories, Inc. can improve
the use of the site. RTM Directories Inc. may use cookies to personalize or enhance your
user experience. A cookie is a small
text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or
deliver viruses to your computer.
Cookies are uniquely assigned to you, and can only be read by a Web Server
in the domain that issued the cookie to you.
One of the
primary purposes of cookies is to provide a convenience feature to save you
time. For example, if you personalize a
web page, or navigate within a site, a cookie helps the site to recall your specific
information on subsequent visits. Hence,
this simplifies the process of delivering relevant content and eases site
navigation by providing and saving your preferences and login information as
well as providing personalized functionality.
RTM Directories,
Inc. may use cookies to identify registered web site users and to automatically
give them access to “member or registered only” content areas such as
“MyShowroom”, forum and blog areas, articles, reports and to provide users with
access to previously stored information. RTM Directories, Inc. may also use
cookies to estimate our audience size and usage patterns and to track the
aggregate number of member or user returns at our web site(s). RTM Directories, Inc. may also use cookies to
simplify certain processes on the website(s) including but not limited to the
filing out of certain forms and requests to manufacturers or sponsors in our
database.
RTM
Directories, Inc. in its sole
capacity reserves the right to share aggregated site statistics with partner or
affilitated companies, but does not allow other third party companies to place
cookies on our website(s) unless there is a temporary, overriding customer
value (such as merging a site that relies on third-party cookies into Showroom411.com).
You have the
ability to accept or decline cookies by changing certain settings of your web
browser. Most Web browsers automatically
accept cookies, but you can usually modify your browser setting to decline
cookies. If you reject cookies by changing your browser settings then be aware
that this may disable some of the functionality on our Website.
5. Use of Web Beacons or GIF
files
RTM
Directories, Inc. and Showroom411.com Web pages may contain electronic images known as
Web beacons – sometimes also called single-pixel gifs or gif files – that allow
RTM Directories, Inc. and Showroom411.com to count users who have
visited those pages and to deliver co-branded services. RTM Directories, Inc. reserves the
right to include Web beacons in promotional e-mail messages or newsletters in
order to determine whether messages have been opened and acted upon.
Some of these
Web beacons may be placed by third party service providers to help determine
the effectiveness of our advertising campaigns or email communications. These Web beacons may be used by these third
party service providers to place a persistent cookie on your computer. This allows the service provider to recognize
your computer each time you visit certain pages or emails and compile anonymous
information in relation to those page views, which in turn enables us and our third
party service providers to learn which advertisements and emails bring you to
our website and how you use the site. RTM
Directories, Inc., Showroom411.com and its affiliates prohibit Web beacons
from being used to collect or access any user personal information.
6. Accessing Web Account Information
We will
provide you with the means to ensure that personally identifiable information
in your web account file is correct and current. You may review this information by contacting
us by sending an email to our support attendant – membership@showroom411.com.
7. Changes to this Privacy Statement
As previously stated, RTM Directories, Inc. has the discretion to update this privacy
statement. When we do, we will also
revise the “updated” date at the top of this Privacy page. We encourage you to periodically review this
privacy statement to stay informed about how we are helping to protect the
information we collect. If you have
provided us with contact information we will send you a notice to the email
address we have on file for you. RTM Directories, Inc will not be responsible
for inaccurate or out dated email addresses when supplying Privacy Statement
updates. If you have any questions or concerns regarding this policy contact us
at legal@showroom411.com. Once the changes have been made, your continued
use and/or access of the website will constitute your acceptance and consent to
the information collection and use practices described in the revised Privacy
Statement.
8. Contacting Us
If you have
questions regarding this Privacy Statement, its implementation, failure to
adhere to this Privacy Statement and/or the general practices of RTM
Directories, Inc. and/or Showroom411.com and its affiliates, please contact us
at legal@showroom411.com or send your comments to :
RTM Directories, Inc.
Attention: Privacy Statement
Personal
P.O. Box 5432
Fairlawn, Ohio 44334
RTM
Directories, Inc. will use
commercially reasonable efforts to promptly respond and resolve any problem or
question.
Terms & Conditions of Use
Agreement
RTM Directories,
Inc. and Showroom411.com
Thank
you for visiting our site. In this Terms & Conditions of Use Agreement, “we”,
“our” or “us” refers to RTM Directories, Inc. and its affiliates. RTM
Directories, Inc. and affiliates provide services to you subject to the
following terms and conditions.
PLEASE READ THE ENTIRE TERMS &
CONDITIONS OF USE CAREFULLY BEFORE YOU USE THIS WEBSITE. IF YOU DO NOT AGREE TO
ALL THE TERMS & CONDITIONS SET FORTH HEREIN YOU MAY NOT USE THIS WEBSITE OR
ANY OF ITS FEATURES OR SERVICES. BY USING THIS WEBSITE OR ITS FEATURES OR
SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS & CONDITIONS OF USE
IN THEIR ENTIRETY.
YOU MUST BE A U.S. RESIDENT AND BE AT LEAST 18
YEARS OLD TO USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES.
Effective
Date: This Terms & Conditions of Use Agreement
was last updated on January 16, 2008.
Website Privacy Statement
Account
information and certain other information about you are subject to our Website
Privacy Statement. For more information, please see our full Website Privacy
Statement.
This
Terms & Conditions of Use Agreement sets forth the website use guidelines
and standards of use of the RTM
Directories, Inc. / Showroom411.com Online Service for Users and Registered
Members. By using the RTM Directories,
Inc. / Showroom411.com website you (as a “User” or as a “Member” or as a
“Contractor”) agree to these terms and conditions. A “User” is defined as an unregistered
visitor to the website whereas a “Member” has registered to establish a
“MyShowroom” account with all attending privileges and a “Contractor” has
registered as a building professional with all attending privileges. If you do
not agree to the terms and conditions of this agreement, you should immediately
cease all usage of this website. We reserve the right, at any time, to modify,
alter, or update the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately upon being posted at RTM Directories, Inc. / Showroom411.com website. Your
continued use of the website service after amendments are posted constitutes
acknowledgement and acceptance of the terms & conditions of use and its
modifications. Except as provided in this paragraph, this Agreement may not be
amended.
1.0 Description of
Service – Limited Use License Agreement
RTM Directories, Inc. is providing the User, Member, or Contractor with informational
Content for personal or professional research only. You are licensed to use the
Content only for personal or professional research and may download Content
only as relevant to that research. The
download of the whole or significant portions of any work or database is
prohibited. Resale of Content, a work or database or portion thereof, is
prohibited. Violation of this License Agreement may result in immediate
termination of your membership and may result in legal action being taken
against you.
2.0 Proprietary Rights to Content
You acknowledge and agree that this site contains information,
data, software, photographs, graphics, text, images, logos, icons, typefaces,
audio and video material, and/or other material (collectively referred to as
“Content”) protected by copyrights, trademarks, patents, service marks, or
other proprietary rights, and that these rights are valid and protected in all
forms, media, and technologies existing now or hereinafter developed.
All Content
displayed on this site and all software, data and information used to provide
this Web site and the Content, including text and images, method of display and
presentation, source code, embedded routines and programs and other materials,
as well as all copyrights, trademarks, service marks, patents and other
intellectual property rights, or proprietary rights therein or thereto, are
owned by RTM Directories, Inc., its affiliates, suppliers or licensors,
and are protected under U.S. and international copyright, trademark and other
applicable laws and treaties including international trade and export laws.
All rights not expressly granted to you by us in this License Agreement are
reserved to RTM Directories, Inc. and you
acknowledge and agree that you do not acquire any ownership rights by accessing
or downloading copyrighted material or Content from the Web site as authorized
hereunder.
User,
Member or Contractor must provide:
(1)
All
equipment necessary for their own Internet connection, including computer and
modem, and
(2)
Provide
for access to the Internet, and
(3)
Pay
any fees related with such connection.
Portions of the Service will contain User, Member or
Contractor provided content (collectively referred to as “User Content”) which
includes but is not limited to information, postings, links, audio and video
material, to which you may contribute appropriate User Content. For this User Content,
Showroom411.com and RTM Directories, Inc. is a distributor only. By
submitting User Content to Showroom411.com, you grant RTM
Directories, Inc., the corporate host of the Website and Service, a license
to the User Content to use, host, distribute that User Content and allow
hosting and distribution of that User Content, to the extent and in that form
or context we may exclusively deem appropriate. Should you contribute User Content
to the site, you understand that it will be seen and used by others under the License
Agreement described herein. We are under no obligation to use the User Content,
in whole or in part, that you submit. You should submit only User Content which
belongs to you and will not violate property or other rights of any person or
organization.
Inappropriate User Content provided to Showroom411.com will be subject to
immediate removal. RTM Directories, Inc.
in its sole capacity has the right to determine the appropriateness of any User
Content. Any User, Member or Contractor who provides User Content that has been
deemed inappropriate will be subject to immediate membership termination and
removal from the Website and Services.
You may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer, license sell, create derivative works
from, or in any way exploit any Content, in whole or in part. If no specific
restrictions are displayed, you may make one copy of select portions of the
Content, provided that the copy is made only for your personal information and
non-commercial use and that you do not alter or modify the Content in any way,
and maintain any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as provided
in the preceding sentence or as permitted by the fair use privilege under U.S.
copyright laws, you may not upload, post, reproduce, perform, or distribute in
any way any Content without obtaining permission of the owner of the copyright,
trademark or other proprietary right.
3.0 Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. The site is provided by RTM Directories, Inc. on an “as is” and on
an “as available” basis ONLY. To the
fullest extent permitted by applicable law, RTM Directories, Inc. makes
no representations or warranties of any kind, express or implied, regarding the
use or the results of this web site in terms of its correctness, accuracy,
reliability, or otherwise. RTM
Directories, Inc. shall have no liability for any interruptions in the use
of this Website. In addition, RTM
DIRECTORIES, INC. DOES NOT WARRANT OR REPRESENT The following: (1) the site
will meet your requirments, (2) the site will be uninterrupted, timely, secure,
or error free, (3) the results that may be obtained from the use of the site
will be accurate or reliabe, (4) the quality of any products, services, or
information, or other material purchased or obtained by you through the site
will meet your expectations, (5) the server that makes the site available is
free from viruses or other harmful components; or (6) any errors in the
software will be corrected. Any material downloaded or otherwise obtained
through the use of the site is done at your own discretion and risk and you
will be solely responsible for any loss or damage incurred, including but not
limited to, damage to your computer system or loss of data that results from
the download of any such material. you (and not us or any of rtm directories,
inc’s affiliated companies or any of our or their respective licensors or
vendors) assume the entire cost of all necessary servicing, repair or
correction for any such damage.
No advice or information, whether oral or
written, obtained by you from the site or from us shall create any warranty not
expressly stated in these terms & conditions of use.
the material available through Showroom411.com IS for
informational purposes only. Before you act
on any information you’ve found
on this site, you should independently confirm any facts that are important to
your decision. IF YOU RELY ON ANY
INFORMATION OR SERVICE AVAILABLE THROUGH SHOWROOM411.COM, YOU EXPRESSLY
AGREE THAT YOU DO SO AT YOUR OWN RISK.
RTM Directories, Inc. disclaims all
warranties with regard to the information provided, including the implied
warrantY of merchantability, IMPLIED WARRANTY OF fitness for a particular
purpose, and IMPLIED WARRANTY OF non-infringement.
Some jurisdictions do not allow the
exclusion of implied WARRANTIES; therefore the above-referenced exclusion MAY
NOT APPLY TO YOU.
4.0 Limitation of Liability
RTM Directories, Inc. SHALL NOT be liable for
any damages whatsoever, and in particular RTM Directories, Inc. shall
not be liable for any DIRECT, special, indirect, consequential, or incidental
damages, or damages for lost profits, LOST INCOME, loss of revenue, or loss of
use, arising out of or related to THE USE OR THE INABILITY TO USE this web site
or the information contained in it, OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHSED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF
DATA OR USER CONTENT PROVIDED ON THE SITE BY YOU OR OTHER MEMBERS OR
CONTRACTORS, whether such damages arise in contract, negligence, tort, under
statute, in equity, at law, or otherwise, even if RTM Directories,
Inc. has been advised of the possibility of such
damages.
SOME JURISDICTIONS DO NOT ALLOW FOR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE, SERVICE, AND ITS
AFFILIATED SITES.
5.0 Waiver of Jury Trial
RTM Directories, Inc. ALONG WITH USER, MEMBER AND CONTRACTOR HEREBY IRREVOCABLY WAIVE
ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
6.0 Indemnification
User,
Member and Contractor agree to indemnify and hold RTM
Directories, Inc., its subsidiaries, affiliates, officers, agents,
attorneys and employees, harmless from any claim or demand of any kind
whatsoever, including reasonable attorneys’ fees and costs, made by any third
party due to or arising out of the use of this Site or Service, the violation
of this Agreement, or infringement by User, Member, Contractor, or other user
of the Service using the User’s, Member’s, or Contractor’s computer, of any
intellectual property or any other right of any person or entity.
7.0 Member and Contractor Account
Obligations
All
Members and Contractors of the Service shall provide a password and receive an
account with My Showroom services.
Members and Contractors are entirely responsible for any and all
activities which occur under their account whether authorized or not
authorized. Members and Contractors agree to notify RTM
Directories, Inc. of any unauthorized use of Member’s or
Contractor’s account or any other breach of security known or should be known
to the Member or Contractor. Member’s and Contractor’s right to use the Service
is personal to the Member and Contractor. Member and Contractor agree not to
resell or make any commercial use of the Service without the express written
consent of RTM Directories, Inc.
You, in registering or subscribing, specifically
consent to the storage and processing of your personal information and content.
In
consideration of your use of the site, you agree to:
(1) Provide true,
accurate, current and complete information about yourself or your company as
requested; and
(2) Maintain and
promptly update your information to keep it true, accurate, current and
complete.
Should you provide any information about
yourself or your company that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to believe that such information is untrue, inaccurate,
not current or incomplete, we have the right to suspend or terminate your
account and refuse any and all use of our services or the site.
Furthermore, you understand that you may not:
(1) Select or use a name of
another person with the intent to impersonate that person; or
(2) Use the rights of any
person other than yourself without authorization; or
(3) Use a name that we, in our
sole discretion, deem inappropriate; or
(4) Open a MyShowroom account
under the age of 18.
***Special Note for Parents or Guardians of Minor Children
The Web site you are
visiting was not designed for children or minors under the age of 18. We
are not responsible for any access or use of this Web site by children or
minors under the age of 18. This Web site does not sell products designated
for purchase by children or minors under the age of 18 nor is it designed for
their use or entertainment.
8.0 Technology Export Control
Through the
Bureau of Industry and Security and its use of the Export Administration
Regulations, the United States
government has implemented export control laws that regulate the export and
re-export of technology originating from within the United States. This technology
includes the electronic transmission of information or software. The export control laws regulate the
exporting or re-exporting of this technology to foreign countries and to
certain foreign nationals. You agree to
abide by these laws and regulations, including but not limited to, the Export
Administration Act and the Arms Export Control Act and not to transfer, by
electronic transmission or otherwise, any Content derived from the Site to
either a foreign national or foreign destination in violation of such laws.
9.0 Materials Submitted by Others
We cannot and
do not review every posting made in our blogs, forums, MyShowroom, Showcase and
other areas available for public postings. You may well read any given posting
before anyone on our staff does. You can expect these areas to include
information and opinions from a variety of individuals and organizations other
than us. We do not endorse or guarantee the accuracy of any posting, regardless
of whether the posting comes from a User, a Contractor, a Member, from a
celebrity or “expert” guest, or from a member of our staff.
10.0 Communications – Posted and Un-posted
RTM Directories, Inc. provides a
variety of services on this Web site through which you can directly interact
with others, such as blogging, notes, communications tools, forums, Showcase,
comments and other public posting areas. We assume no responsibility for the
views and opinions expressed by others in these areas. RTM Directories, Inc.
encourages an open exchange of information and ideas, but wants everyone to be
able to enjoy these options and open lines of communications.
RTM Directories, Inc. reserves the
right to use any other forms of information available to us by virtue of your
use of Showroom411.com (including, for example, reverse IP address
inquiry) in order to comply with any law, to enforce our Terms & Conditions
of Use Agreement or Privacy Statement, or to protect the rights, property or
safety of all visitors to our Web site, our customers, the public or RTM
Directories, Inc. and its affiliates or licensees. We reserve the right without
obligation to review the content of this Web site, including blogs, comments,
listings, forums, Showcase and other information posted to Showroom411.com
to determine compliance with our Terms & Conditions of Use Agreement and
operating rules established by us or our affiliates, and to satisfy any law,
regulation or authorized government request. We have the right to delete,
move, refuse to post, or edit any messages, listings or other postings that
come to our attention that we consider unacceptable or inappropriate, whether
for legal or other reasons.
By using Showroom411.com, you agree not
to post, submit or transmit through Showroom411.com any material that
violates or infringes in any way upon the rights of others, that is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane, misleading, or otherwise objectionable, that
encourages conduct that would constitute a criminal offense, give rise to civil
liability, damages or otherwise violate any law, treaty, copyright, trademark,
or that, without our express prior approval, contains advertising or any
solicitation with respect to products or services. The sender of any
communications to Showroom 411.com or otherwise to RTM Directories,
Inc. shall be solely responsible for the content and information contained
therein, including its truthfulness and accuracy. By posting content, you
represent and warrant that you either own or otherwise control all rights
necessary for you to provide post, upload or submit that content. Without
limiting the foregoing, you shall be liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm resulting
from any content or other material submitted by you to Showroom411.com
and agree that you will indemnify and hold RTM Directories, Inc. harmless
from and against any claims, damages or losses related to such content or other
material.
We reserve the right to deny access to anyone
who violates these Terms & Conditions of Use or who, in our judgment, interferes
with the ability of others to enjoy Showroom411.com or infringes in
anyway the rights of others. We will comply with the requirements of the law
regarding disclosure of any messages to others, including law enforcement
agencies and court orders.
By submitting communications, materials or ideas
to any public area of Showroom411.com, you grant RTM Directories,
Inc., its affiliates and licensees the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate,
translate, publicly display, publicly perform and distribute such material and
ideas (in whole or in part) alone or as incorporated into other works in any
form, media, advertising or technology now known or hereafter on a worldwide
basis. You also permit any other user of Showroom411.com to
access, view, store or reproduce the material or ideas for that user’s personal
use. Such purposes may include disclosure to third parties. By posting or
disclosing any information, you hereby waive any claim that RTM Directories,
Inc. misappropriated any such ideas, materials or any portions of your
communication.
11.0 Modifications and Interruption to Service
RTM Directories, Inc.
reserves the right to modify or discontinue the Website or Service with or
without notice to the User, Member or Contractor. RTM
Directories, Inc. shall not be
liable to a User, Member, Contractor or any third party should RTM Directories, Inc. exercise its right to
modify or discontinue the Website or Service. Each User, Member or Contractor acknowledges
and accepts that RTM Directories, Inc.
does not guarantee continuous, uninterrupted or secure access to our Website or
Services and operation of our Website may be interfered with or adversely
affected by numerous factors or circumstances outside of our operation or control.
12.0 Third-Party Sites
Showroom411.com may include links to other sites on the Internet
or World Wide Web that are owned and operated by online merchants, vendors,
suppliers, manufacturers, material men, contractors, subcontractors, service
providers and/or other third parties (collectively referred to as “Vendors”). Any such
links to Vendors or third party sites are provided for your convenience only, and
such links do not imply endorsement by RTM Directories, Inc. of such
other third party sites or Vendor sites or the content contained therein. You acknowledge that we are not responsible for the
availability of, or the content located on or through, any third-party or
Vendor site. You should contact the site administrator or webmaster for those
third-party or Vendor sites if you have any concerns regarding such links or
the content located on such sites. Your
use of third-party or Vendor sites is subject to the terms & conditions of
use and privacy policies of each site, and we are not responsible therein. We
encourage all Users or Members to review said terms & conditions and privacy
policies of all third-party and Vendor sites.
RTM Directories, Inc. disclaims
all warranties, express or implied, as to the accuracy, legality, reliability
or validity concerning third party provided services and sites, and you agree
that any recourse for dissatisfaction or problems with those services or sites will
be sought from the third party provider and not from RTM Directories, Inc. as you agree to waive any claim you may have against
us with respect to such other sites.
13.0 Disclaimer Regarding Accuracy of Vendor
Information
The
manufacturer and product information and specifications that we provide are for
your information only. While RTM Directories, Inc.
makes every effort to ensure that the information on this website is accurate,
we can make no representations or warranties as to the accuracy or reliability
of any information provided on this website. Always verify the model and
product information when requesting information; if more than one model number
appears, it means that those models have the same dimensions and functional
specifications, except as noted by the manufacturer. Letters in some model
numbers do not always define a products color as each manufacturer is
different. Drawings and diagrams may not be to scale, so you should not rely on
them to be accurate. Some of the products listed may no longer be available.
Some information provided may not be current, or may have changed since the
last time you viewed or downloaded the information. Always verify national and
local codes of every nature. ALL INFORMATION AND SPECIFICATIONS ARE SUBJECT TO
CHANGE BY THE MANUFACTURERS WITHOUT NOTICE.
RTM Directories, Inc.
makes no warranties or representations whatsoever with regard to any product
provided or offered by any Vendor, and you acknowledge that any reliance on
representations and warranties provided by any Vendor shall be at your own
risk. All questions about products, availability, models, makes, and types
should be addressed to the manufacturer of the particular product.
14.0 Governing Jurisdiction
These
Terms & Conditions of Use will be governed by and construed in accordance
with the laws of the State of Ohio,
without regard to any principals of conflicts of law. You agree that any action
at law or in equity that arises out of or relates to this Website or these
Terms & Conditions of Use will be filed only in the state or federal courts
located in Ohio,
and you hereby consent and submit to the personal jurisdiction of such courts
for the purposes of litigating any such action.
15.0 Compliance with Laws and International
Use
You
assume all knowledge of applicable law and are responsible for compliance with
any such laws. You may not use our
Services in any way that violates applicable state, federal, or international
laws, regulations or other government requirements.
Furthermore,
we make no representation that materials on this Website are appropriate or
available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who
choose to access this Website from other locations outside of the United States
do so on their own initiative and at their own risk and are responsible for
compliance with those local laws and regulations.
16.0 Copyright, Trademark and Service Mark
Information
All
Content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is the property of Showroom411.com,
with all rights reserved, or is the property of RTM
Directories, Inc. and/or third
parties protected by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or
other commercial exploitation of any kind, without prior written permission of
an authorized officer of RTM Directories, Inc. is strictly prohibited. Users and Members agree that they will not
use any robot, spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without prior written
permission of an authorized officer of RTM
Directories, Inc.
Showroom411.com™ and RTM Directories, Inc.™ are proprietary
marks of RTM Directories, Inc. RTM Directories, Inc.’s trademarks may not be used in connection with any product or
service that is not provided by RTM Directories,
Inc., in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits RTM Directories, Inc.
All
other trademarks displayed on RTM Directories,
Inc.’s website are the trademarks of their respective owners and may
only be used with the permission of the particular owner. These other
trademarks constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links
to the web sites of Vendors is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with RTM Directories, Inc.
17.0 Notification of Claimed Copyright
Infringement
We
respect the intellectual property of others and we ask our Users, Members and
Contractors to do the same. If you believe that your work has been copied and
is accessible on the Website in a way that constitutes copyright infringement,
you may notify us by providing our copyright agent the following information:
(1)
A description
of the copyrighted work that you claim has been infringed;
(2)
Identification
of the URL or other specific location on the Website where the material you
claim is infringing is located;
(3) Your name,
address, telephone number, email address, and statement that you are an
authorized person to act on behalf of the owner of the copyright;
(4)
A statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
(5)
An affidavit
submitted by you, sworn to and made under the penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or are an authorized agent to act on behalf of the copyright owner.
Pursuant
to Section 512(c) of the Copyright Revision Act, as amended by the Digital
Millennium Copyright Act, RTM Directories, Inc.
designates the following individual as its agent for receipt of notifications
of claimed copyright infringement.
By
Mail:
RTM
Directories, Inc
c/o
Witschey Witschey & Firestine Co., LPA
Attn:
Website Copyright Notice Dept.
405 Rothrock Road, Suite 103
Akron, Ohio 44321
By
Telephone: 330-665-5117
By
Email: legal@showroom411.com
18.0 Botnets
RTM Directories, Inc.
retains the right, at our sole discretion, to terminate any accounts involved
with botnets and related activities. If any hostnames are used as command and
control points for botnets, RTM Directories, Inc.
reserves the right to direct the involved hostnames to a honeypot, loopback
address, logging facility, or any other destination at our discretion.
19.0 Spamming
Use of Showroom411.com
by you for spamming is strictly prohibited. By using Showroom411.com,
you agree not to use information concerning other users of this Website, or any
items such users have listed or searched for on this Website (including listing
information, user names, email addresses, telephone numbers, and/or other
information), for any purpose other than to explore the potential purchase or
sale of the item. You may not post information directed to or collect
personal information from any minor.
20.0 Miscellaneous Terms
These
Terms & Conditions of Use constitute the entire agreement and understanding
between you and us, superseding any prior agreements and understandings, and
govern your use of the Website. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party content
or third-party software. Our failure to enforce or exercise any right or
provision of these Terms & Conditions of Use shall not constitute a waiver
of such right or provision. If any provision of these Terms & Conditions of
Use shall be unlawful, void or unenforceable for any reason, the other
provisions (and any partially-enforceable provision) shall not be affected
thereby and shall remain valid and in full force and effect. You agree that these Terms & Conditions of
Use and any other agreements referenced herein may be assigned by RTM Directories, Inc., in our sole discretion,
to a third party in the event of a merger or acquisition. The section titles
and headings in these Terms & Conditions of Use are for convenience only
and have no legal or contractual effect.
No
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms & Conditions of Use.
Any
rights not expressly granted herein are reserved by and for us.
Certain sections or pages on this Website may
contain separate terms and conditions, which are in addition to these Terms &
Conditions of Use. In the event of a conflict, the additional terms and
conditions will govern for those sections or pages.
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