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TERMS OF USE

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The www.retailimpactprofiler.com website is the property of Gregory Gosselin (“OWNER”, "WE," "US," or "OUR").

Please read these terms and conditions carefully as they are a contract that govern your rights and obligations if you make any use of this website or any services provided in connection with it. These terms and conditions ("TERMS") apply to the use of the website linked to these terms and to any web applets developed by the owner that are used in connection with such services (collectively, the "SITE"). These terms are a legally binding contract between you ("END USER", "YOU" and "YOUR") and the owner of the site.

By using the site, by registering for use of any of our services or otherwise using them, you are indicating that you have read this agreement, that you understand it, and that you consent to be bound by all of its terms and conditions, including the warranty disclaimers and the limitations of liability provisions set forth herein. If you do not agree to the terms herein, do not use the site or download or use any products or services, and exit now.

As long as you agree to and comply with the terms herein and any such modifications, owner grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the site.

PRIVACY

We may automatically collect and store information about you, including, but not limited to the name of the domain from which you access the Internet; the date and time you access the site; and the Internet address of the website from which you linked directly to the site. We may also collect and analyze data about how you use the site, but this information will not be used to identify you, nor will any data that could identify individual users be knowingly supplied to a third party. We simply use this data only to improve the site and our services. We do nothing with this information other than to analyze it in aggregate or to diagnose occasional problems with the site. We do not buy, sell, exchange, offer or share this information to anyone.

During the course of your visit to our site, we may store a cookie on your computer. Cookies are small pieces of information that an internet website can put on your computer to help track information pertaining to your visit. You may stop or restrict the placement of cookies on your computer by adjusting the preferences of your web browser. However, session cookies are used to maintain the session data of registered users during their visits to the site. If you are a registered user, restricting the placement of cookies on your computer will adversely affect your ability to enjoy most of the services and features of the site.

We may also ask you to voluntarily provide certain information so that you can take full advantage of the services and features offered on the site. To provide these services, we generally request that you provide no more than contact information, including your name, a valid email address, contact address and phone number. We do not require any of our users to disclose more information than is reasonably necessary to participate in activities on the site.

The registered user portion of this site includes a database driven web application. In order to provide the services for which it was designed, you are required to post or transmit content to the site. You are solely responsible for any content that you post or transmit through this site and the site acts only as a conduit for this content. When you post or transmit content on or through the site, you grant the site a nonexclusive, royalty-free license to use, store, display, publish, transmit, transfer, reproduce, rearrange, edit, modify, aggregate and create derivative works of the content that you submit to the site in order to provide you with any services that you request.

We will not sell, trade, lease or distribute your personal information or data that is stored on the site to any outside company or entity for any use except in the event that it is required by law. Additionally, any content that you post to, transmit to, or store on the site will not be shared with third parties except where you have specifically granted such permission.

However, we reserve the right to transfer any and all content and information that we collect from you to an affiliated entity or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the site’s assets.

We use reasonable organizational, operational, technical and administrative measures and procedures to protect all personal information and content under our control. Security measures and tools, such as firewalls and backup routines, are in place to help protect against the loss, misuse and alteration of the information under our control.

YOUR USE OF THE SITE

You are responsible for maintaining the confidentiality of your account and password.

If you are a registered user, you agree to allow cookies and to enable javascript in your browser so that the site can work correctly. The cookies on this site are primarily used to maintain your current session data. The use of javascript is required to make many of the site’s features more interactive and easier to use.

You may not use the site to perform any activities that violate any state, local, federal, or international laws or regulations.

You may not do any of the following to the site:

Use it in any manner that could damage, disable, overburden, disrupt or impair the site or our network or interfere with any other party's use and enjoyment of the site; modify, adapt, translate or reverse engineer the site; use any robot, spider, site search/retrieval application, or other device to retrieve or index any non-public portions of the site; frame the site or reformat it in any way; or use a registered user account using any automated means or under false pretenses.

ELECTRONIC COMMUNICATIONS

When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you are a registered user, we may use the email that you provide to us in your user account to provide you with service messages and updates. By using the site as a registered user you consent to the receipt of these communications.

COPYRIGHTS

The content included on this site, such as text, graphics, logos, and images, is the property of the site owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the site owner and is protected by United States and international copyright laws. All software used on this site is the property of the owner, its hosting company or its software suppliers and is protected by United States and international copyright laws.

TRADEMARKS

The trademarks and trade dress of the site may not be used in connection with any product or service that is not provided by owner, in any manner that is likely to cause confusion among consumers, or in any manner that disparages, discredits or harms owner. All other trademarks not owned by the owner that appear on this site are the property of their respective owners, who may or may not be affiliated with the owner of this site.

LIMITED LICENSE TO ACCESS SITE

The owner of this site grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the site owner.

This license does not include the resale or commercial use of this site or its contents. No part of this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the site owner. You may not mirror any material contained on this site on any other server.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the site without express written consent. You may not use any meta tags or any other "hidden text" utilizing the site’s name or owner’s trademarks without the express written consent of the site owner. Any such unauthorized use terminates the permission or license granted by these terms of use.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray the site, its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of the site’s proprietary graphics or trademarks as part of the link without prior, express written permission.

RIGHT TO REFUSE SERVICE

The owner of the site reserves the right to refuse service in its sole discretion.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by the owner on an "as is" and "as available" basis, unless otherwise specified in writing. The site owner makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products or services included on or otherwise made available to you through the site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, the owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The owner also disclaims any responsibility for inaccuracies on the site and any responsibility for any loss, harm, error or omission that may result from the use of the site or the services that the site provides or for any service failure or interruption, regardless of the cause. The owner does not warrant that this site; information, content, materials, products or services included on or otherwise made available to you through this site; its servers; or e-mail sent from the site are free of viruses or other harmful components. The owner will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

APPLICABLE LAW

By visiting this site, you agree that the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the owner of the site.

DISPUTES

Any dispute relating in any way to your visit to or to products you purchase through this site shall be submitted to confidential arbitration in Nashville, TN, except that, to the extent you have in any manner violated or threatened to violate the owner’s intellectual property rights, the owner may seek injunctive or other appropriate relief in any state or federal court in the state of Tennessee, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to the site, policies, and the Terms Of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition or term of use.

CONTACT

If you have further questions regarding these Terms Of Use, please contact us via email or the phone number and/or snail mail address listed on the site’s contact page.