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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