Terms of Service
Date Last Revised: September May 23, 2012
This page contains the terms and conditions of use (the "Terms") and a reference to the Privacy Policy that apply to your access and use of Store Vantage services ("Services") offered on the internet website located at storevantage.com and all associated links from this website (collectively, the "Site"). By using Services offered by Store Vantage, you ("User") agree to be bound by the Terms and Store Vantage's Privacy Policy, as they may be amended from time to time in the future.
Except for distributions for use to your employees or independent contractors in compliance with the Terms, you may not distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way unless you have been specifically permitted to do so in a separate agreement with Store Vantage. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree that you are solely responsible for (and that Store Vantage has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Store Vantage may suffer) of any such breach.
You agree not to attempt to gain unauthorized access to any potion or feature of the Service by hacking, password "mining", "mirroring" or any other illegitimate means. You may not harvest or collect user names, email addresses or any other user identifying information by electronic or other means for the purpose of sending unsolicited email or other communications. Unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles and or community postings without notice and may result in termination of User privileges.
You agree not to access the Service if you are a direct competitor of Store Vantage, except with Store Vantage's express prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You may not change, reorganize, modify, copy, reverse engineer, or create derivative works from the Service or any part thereof, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) remove, change or replace any Store Vantage's trademarks, logos, copyrights or any other branding elements, (d) hide, obscure, disable or otherwise render inoperable any portion of the user interface including, but not limited to, the display of advertisements and promotions within the Service, or (e) copy any ideas, features, functions or graphics of the Service.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Store Vantage (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Store Vantage or by the owners of that Content, in a separate agreement.
Store Vantage reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that Store Vantage has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Store Vantage may suffer) by doing so.
Unless you have agreed otherwise in writing with Store Vantage, nothing in the Terms gives you a right to use any of Store Vantage's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
Other than the limited license set forth in Section 10, Store Vantage acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Store Vantage, you agree that you are responsible for protecting and enforcing those rights and that Store Vantage has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Store Vantage, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You further agree not to use the copyrights or other intellectual property of any third party, without proper authorization, in connection with the Services.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Store Vantage, in writing.
Unless Store Vantage has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You agree that this license includes a right for Store Vantage to make such Content available to other companies, organizations or individuals with whom Store Vantage has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that Store Vantage, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Store Vantage to take these actions.
You confirm and warrant to Store Vantage that you have all the rights, power and authority necessary to grant the above license.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
IN PARTICULAR, Store Vantage AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Store Vantage OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Store Vantage FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES THAT Store Vantage MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE Store Vantage WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON Store Vantage'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT Store Vantage HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
IN ANY EVENT, Store Vantage'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
The manner, mode and extent of advertising by Store Vantage on the Services are subject to change without specific notice to you. In consideration for Store Vantage granting you access to and use of the Services, you agree that Store Vantage may place such advertising on the Services.
You acknowledge and agree that Store Vantage is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Store Vantage is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Store Vantage makes available certain value-added Services for a fee. Should you elect to use such Services, you agree to pay the required fee as specified in the services registration and purchase pages. If you elect not to pay any fees charged by Store Vantage, Store Vantage shall have the right to cease providing those Services to you. Store Vantage reserves the right to modify the pricing of these Services at any time without prior notice.
If certain Services require an ongoing subscription fee, such Services will renew and you will be charged automatically, unless we terminate such Services, or you notify us by email (support@storevantage.com) of your decision to terminate such Services. You must cancel any such Services before renewal in order to avoid billing of subscription fees for the renewal term to your credit card.
The Terms constitute the whole legal agreement between you and Store Vantage and govern your use of the Services (but excluding any services which Store Vantage may provide to you under a separate written agreement), and completely replace any prior agreements between you and Store Vantage in relation to the Services.
You agree that Store Vantage may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Store Vantage does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Store Vantage has the benefit of under any applicable law), this will not be taken to be a formal waiver of Store Vantage's rights and that those rights or remedies will still be available to Store Vantage.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Store Vantage under these Terms, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Store Vantage, or its officers, partners, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Marin County, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Store Vantage may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Store Vantage is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms.
You also acknowledge and understand that, with respect to any dispute with Store Vantage, its officers, partners, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
Store Vantage
336 Bon Air Center #255
Greenbrae, CA 94904
This page contains the terms and conditions of use (the "Terms") and a reference to the Privacy Policy that apply to your access and use of Store Vantage services ("Services") offered on the internet website located at storevantage.com and all associated links from this website (collectively, the "Site"). By using Services offered by Store Vantage, you ("User") agree to be bound by the Terms and Store Vantage's Privacy Policy, as they may be amended from time to time in the future.
1. Accepting the Terms
You must agree to the Terms in order to use the Services. You can accept the Terms by: (a) clicking to accept to agree to the Terms, where this option is made available to you by Store Vantage in the user interface on its Site; or (b) by actually using the Services. In this case, you understand and agree that Store Vantage will treat your use of the Services as acceptance of the Terms from that point onwards. If you are accepting on behalf of a company, you represent and warrant that you have the full legal authority to bind your employer or company to the Terms. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Store Vantage, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident of from which you use the Services. Before you continue, you should print or save a local copy of the Terms for your records.2. Service Provisions
Store Vantage is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services provided by Store Vantage may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Store Vantage may stop, permanently or temporarily, providing the Services, or any features within the Services, at Store Vantage's sole discretion without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Store Vantage when you stop using the Services. Store Vantage reserves the right, in it sole discretion, to refuse or discontinue access to any User at any time. You acknowledge and agree that if Store Vantage disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account. You acknowledge and agree that, while Store Vantage may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Store Vantage at any time, at Store Vantage's discretion. Store Vantage's Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Store Vantage is not responsible for any delays, delivery failures, or other damage resulting from such problems.3. Use of Services
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Store Vantage will always be accurate, correct and up to date. By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, Store Vantage will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community.Except for distributions for use to your employees or independent contractors in compliance with the Terms, you may not distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way unless you have been specifically permitted to do so in a separate agreement with Store Vantage. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree that you are solely responsible for (and that Store Vantage has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Store Vantage may suffer) of any such breach.
4. Restrictions and Prohibited Actions
You agree not to access, or attempt to access, any of the Services by any means other than through the interface that is provided by Store Vantage. You specifically agree not to access, or attempt to access, any of the Services through any automated means, including use of scripts, robots, page scrapes, spiders or web crawlers.You agree not to attempt to gain unauthorized access to any potion or feature of the Service by hacking, password "mining", "mirroring" or any other illegitimate means. You may not harvest or collect user names, email addresses or any other user identifying information by electronic or other means for the purpose of sending unsolicited email or other communications. Unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles and or community postings without notice and may result in termination of User privileges.
You agree not to access the Service if you are a direct competitor of Store Vantage, except with Store Vantage's express prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You may not change, reorganize, modify, copy, reverse engineer, or create derivative works from the Service or any part thereof, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, (c) remove, change or replace any Store Vantage's trademarks, logos, copyrights or any other branding elements, (d) hide, obscure, disable or otherwise render inoperable any portion of the user interface including, but not limited to, the display of advertisements and promotions within the Service, or (e) copy any ideas, features, functions or graphics of the Service.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5. Your Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Store Vantage for all activities that occur under your account. If you become aware of any unauthorized use of your registration information, you agree to notify Store Vantage immediately at the email address, security@storevantage.com.6. Privacy and Personal Information
For information about Store Vantage's data protection practices, please read Store Vantage's Privacy Policy. This policy explains how Store Vantage treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Store Vantage's privacy policies.7. Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Store Vantage (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Store Vantage or by the owners of that Content, in a separate agreement.
Store Vantage reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that Store Vantage has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Store Vantage may suffer) by doing so.
8. Proprietary Rights
You acknowledge and agree that Store Vantage (or Store Vantage's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Store Vantage and that you shall not disclose such information without Store Vantage's prior written consent.Unless you have agreed otherwise in writing with Store Vantage, nothing in the Terms gives you a right to use any of Store Vantage's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
Other than the limited license set forth in Section 10, Store Vantage acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Store Vantage, you agree that you are responsible for protecting and enforcing those rights and that Store Vantage has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Store Vantage, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You further agree not to use the copyrights or other intellectual property of any third party, without proper authorization, in connection with the Services.
9. License from Store Vantage
Store Vantage gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Store Vantage as part of the Services as provided to you by Store Vantage (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Store Vantage, in the manner permitted by the Terms.You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Store Vantage, in writing.
Unless Store Vantage has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10. Content License from You
You retain copyright and any other rights you already hold in Content that you submit, post or display on or through the Services. By submitting, posting or displaying the content you give Store Vantage a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Store Vantage to display, distribute and promote its Services.You agree that this license includes a right for Store Vantage to make such Content available to other companies, organizations or individuals with whom Store Vantage has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that Store Vantage, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Store Vantage to take these actions.
You confirm and warrant to Store Vantage that you have all the rights, power and authority necessary to grant the above license.
11. User Content Guidelines
As part of the Service, Store Vantage allows users to post content on bulletin boards, blogs and at various other publicly available locations on the Site. These forums may be hosted by Store Vantage or by one of our third party service providers on Store Vantage's behalf. You agree in posting content to follow certain rules.- You are responsible for all content you submit to Store Vantage.
- You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Site that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with Store Vantage.
- If you chose to complete a user or company profile, you agree to accurately represent yourself, your background and experience, your work history and company affiliation, your certifications and areas of expertise, and any other personal or company information you chose to share. You also agree not to impersonate any person, company or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person, company or entity.
- You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
- You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use the feedback you provide to us in any way.
12. Software Updates
The Software may automatically download and install updates from time to time from Store Vantage. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Store Vantage to deliver these to you) as part of your use of the Services.13. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT Store Vantage'S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
IN PARTICULAR, Store Vantage AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Store Vantage OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Store Vantage FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN SECTION 13 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Store Vantage AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;(B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES THAT Store Vantage MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE Store Vantage WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON Store Vantage'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT Store Vantage HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
IN ANY EVENT, Store Vantage'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
15. INDEMNIFICATION
YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS Store Vantage AND ITS OFFICERS, PARTNERS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, IN WHOLE OR IN PART ARISING OUT OF OR ATTRIBUTABLE TO (1) ANY BREACH OF THESE TERMS BY YOU OR YOUR AFFILIATES AND (2) ANY ALLEGED INFRINGEMENT BY YOU OR YOUR AFFILIATES OF THE INTELLECTUAL PROPERTY LAWS OF ANY COUNTRY INCLUDING PATENTS, COPYRIGHTS, TRADEMARKS, SERVICE MARKS AND TRADE SECRETS.16. Advertisements
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.The manner, mode and extent of advertising by Store Vantage on the Services are subject to change without specific notice to you. In consideration for Store Vantage granting you access to and use of the Services, you agree that Store Vantage may place such advertising on the Services.
17. Third Party Content
The Services may include hyperlinks to other web sites or content or resources. Store Vantage may have no control over any web sites or resources, which are provided by companies or persons other than Store Vantage.You acknowledge and agree that Store Vantage is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Store Vantage is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
18. Fees and Payments
Signing up for a Store Vantage account is free. Access and use of certain Services is provided at no charge. However, Store Vantage reserves the right to charge for the Service or any portion thereof, modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice.Store Vantage makes available certain value-added Services for a fee. Should you elect to use such Services, you agree to pay the required fee as specified in the services registration and purchase pages. If you elect not to pay any fees charged by Store Vantage, Store Vantage shall have the right to cease providing those Services to you. Store Vantage reserves the right to modify the pricing of these Services at any time without prior notice.
If certain Services require an ongoing subscription fee, such Services will renew and you will be charged automatically, unless we terminate such Services, or you notify us by email (support@storevantage.com) of your decision to terminate such Services. You must cancel any such Services before renewal in order to avoid billing of subscription fees for the renewal term to your credit card.
19. General Legal Terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.The Terms constitute the whole legal agreement between you and Store Vantage and govern your use of the Services (but excluding any services which Store Vantage may provide to you under a separate written agreement), and completely replace any prior agreements between you and Store Vantage in relation to the Services.
You agree that Store Vantage may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Store Vantage does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Store Vantage has the benefit of under any applicable law), this will not be taken to be a formal waiver of Store Vantage's rights and that those rights or remedies will still be available to Store Vantage.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Store Vantage under these Terms, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Store Vantage, or its officers, partners, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Marin County, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Store Vantage may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Store Vantage is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms.
You also acknowledge and understand that, with respect to any dispute with Store Vantage, its officers, partners, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Store Vantage
336 Bon Air Center #255
Greenbrae, CA 94904