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TERMS OF USE

1. Use License. RMS Retail Marketing Solutions, Inc. ("RMS") may grant you permission to view this web site (the “Site”) and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms of Use. You may not modify, copy (except as otherwise noted), distribute, transmit, display, perform, reproduce, publish, license, use, create derivative works from, transfer or sell any products or services from this Site.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to RMS that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site.

2. Copyrights. This Site and its contents are the copyrighted property of RMS and may contain copyrighted property of third parties. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any copyrighted property displayed on the Site, without the prior written permission of the Copyright owner. RMS aggressively enforces its intellectual property rights to the fullest extent of the law.

3. Trademarks. The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are the registered Trademarks of RMS and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. The name of RMS, the RMS logo or the other RMS formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from RMS. RMS prohibits use of its Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by RMS in writing. Other product and company names mentioned in this Site may be the Trademarks of their respective owners and may not be used without such respective owners’ prior written consent.

4. Links to Third Party Sites. RMS does not maintain, is not responsible for the content of, and does not endorse, any of the web sites linked to or from this Site. You access or connect to these linked web sites at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in or to, these non-RMS web sites are not investigated, verified, monitored or endorsed by RMS, and RMS disclaims any warranty, express or implied, with respect to the contents of such web sites.

5. Translation Services. RMS translation services ("Services") are provided on the condition that: (i) You use the Services for lawful purposes only. You therefore undertake not to use the Services to translate any of the following: defamatory, obscene or other unlawful material or information; and/or confidential or proprietary information, including trademarks or copyrighted information, belonging to a third party, without the express authorization of the rights holder in question; and (ii) You agree to indemnify RMS for all claims relating to your use of the Services, and/or the reproduction or transmission of the material translated. RMS does not review the documents which you submit for machine translation. You are entirely responsible for the content of the documents and the implications of the translation thereof. RMS does not provide any assistance, including technical or customer support, in the use of the Services. Any use of the Services is at your own risk. Although RMS uses reasonable efforts in providing the Services, RMS accepts no responsibility for the results or any errors, defects and/or risks associated with the Services, including the risk that: (a) a document or its text may be lost or damaged in transmission over the Internet; and/or (b) the confidentiality of a document transmitted over the Internet may be breached. Because of the complexities of the human language, and the possibility of a number of different translations and interpretations of particular words and phrases, there are inherent limitations in machine translations. RMS therefore recommends that you examine and verify the translation resulting from use of the Services, and accepts no responsibility for the accuracy thereof.

6. Disclaimer. YOUR USE AND BROWSING IN THE SITE AND ANY CONTENT OR SERVICES PROVIDED HEREIN ARE AT YOUR OWN RISK. EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. RMS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT. RMS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR SERVICES PROVIDED HEREIN, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR SERVICES PROVIDED HEREIN OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE INCLUDING BUT NOT LIMITED TO ANY CONTENT OR SERVICES PROVIDED HEREIN. YOUR USE OF THIS SITE AND THE SERVICES AND CONTENT PROVIDED HEREUNDER IS AT YOUR OWN RISK. IN NO EVENT SHALL RMS, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE CONTENTS IN THIS SITE, THE SERVICES PROVIDED PURSUANT TO THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR SERVICES OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. RMS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE OR YOUR USE OF THE SERVICES..

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Posting Information. Portions of this Site may provide users an opportunity to post and exchange information, ideas and opinions ("Postings"). PLEASE BE ADVISED THAT RMS DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE OR ONCE THEY APPEAR ON THIS SITE, and Postings do not necessarily reflect the view of RMS. In no event shall RMS assume or have any responsibility or any liability for the Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site.

RMS reserves the right to monitor all Postings (but is not required to do so) and to remove any which it considers in its absolute discretion to be unlawful, offensive or otherwise in breach of these terms and conditions. You hereby authorize RMS to use and/or authorize others to use all or part of your Postings in any manner, format or medium that RMS or such other parties see fit. You shall have no claim or other recourse against RMS for infringement of any proprietary right in Postings.

8. Submissions. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, Postings or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post becomes the property of RMS and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting on the Site or otherwise.

Furthermore, RMS is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information. Through your usage of this Site, you may submit and/or RMS may gather certain limited information about you and your Site usage. RMS is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized web pages and marketing purposes.

9. General. This Site resides on a server in Las Vegas , Nevada , USA . You agree that these Terms of Use and your use of this Site are governed by the laws of the State of Nevada , USA , without regards to its rules regarding conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Las Vegas, Nevada, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or these Terms of Use, (b) in which this Site and/or these Terms of Use are an issue or a material fact, or (c) in which this Site and/or these Terms of Use are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. RMS has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that contents on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk and, if any part of these Terms of Use is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or these Terms of Use shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Las Vegas, Nevada, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

10. Changes. You agree that RMS may at any time and without notice change these Terms of Use, as well as the content of the Site.

11. Relationship. You agree that no joint venture, partnership, employment or agency relationship exists between you and RMS solely as a result of your use of this Site.

12. Entire Agreement. These Terms of Use constitute the entire agreement between you and RMS with respect to this Site. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RMS with respect to this Site. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Use and/or of any notice given by RMS in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by RMS in printed form.