Welcome to www.themerchandisermagazine.com, the website of The Merchandiser
Your e-mail address will NEVER be sold.
You may opt out at any time.
Effect and Last Updated: September 1, 2011
Please Read Carefully Before Using This Website:
The Merchandiser maintains this site for information and communication purposes. This webpage contains the
Terms of Use governing your access to and use of the www.themerchandisermagazine.com (the Website or Site). If you do not accept these
Terms of Use or you do not meet or comply with their provisions, you may not use the Website.
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms
of Use, Section A.
For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms
(see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your
[clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
The Merchandiser may, at any time, for any reason and without notice, make changes to (i) this Website, including
its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any
modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to
review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website
after changes are posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The Website is directed to those individuals and entities located in the United States. It is not directed to any person
or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or
availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to
local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this
Website. The Merchandiser makes no representation that the information, opinions, advice or other content on the
Website (collectively, "Content") is appropriate or that its products and services are available outside of the United
States. Those who choose to access this Website from other locations do so at their own risk and are responsible for
compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. The Merchandiser shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of The Merchandiser is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include The Merchandiser's copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of The Merchandiser.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of The Merchandiser. You may not use a part of this Website on any other Website, without The Merchandiser's prior written consent.
The Merchandiser respects the intellectual property rights of others and expects our users to do the same. The policy of The Merchandiser is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@themerchandisermagazine.com
6. Links
For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, The Merchandiser does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to The Merchandiser's website and the products and services The Merchandiser offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. The Merchandiser reserves the right to terminate any link or linking program at any time. The Merchandiser disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
You may not link to this Website without The Merchandiser's written permission. If you are interested in linking to this Website, please contact support@themerchandisermagazine.com
7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to The Merchandiser that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
8. Spamming
Gathering email addresses from The Merchandiser through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with The Merchandiser should be directed to: support@themerchandisermagazine.com
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH The Merchandiser EXPRESSLY DISCLAIMS. The Merchandiser DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND The Merchandiser WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. The Merchandiser MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY The Merchandiser. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of Maryland, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
11. Separate Agreements
You may have other agreements with The Merchandiser. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with The Merchandiser.
12. DMCA Copyright Policy and Copyright Agent
The Merchandiser respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (ii) Identification of the copyrighted work claimed to have been infringed.
- (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- (iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
- (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Sites Copyright Agent can be reached at:
Legal Department of The Merchandiser
12900-A Cloverleaf Center Drive, Germantown, MD 20874
240-912-3200
240-686-1340
support@themerchandisermagazine.com
13. U.S. Resident
You represent that you are a United States resident.
14. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other users. The Merchandiser reserves the right, but has no obligation, to monitor disputes between you and other users.
16. User Submissions And Communications; Public Areas:
You acknowledge that you own, are solely responsible for or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify The Merchandiser or its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Website accessed or accessible by the public (Public Area) or if you submit any business information, idea, concept or invention to The Merchandiser by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted The Merchandiser a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Merchandiser may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to The Merchandiser by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. The Merchandiser has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
The Merchandiser reserves the right (but is not obligated) to do any or all of the following:
- (a) Record the dialogue in public chat rooms.
- (b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- (c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
- (d) Terminate a Member's access to any or all Public Areas and/or the The Merchandiser Site upon any breach of these Terms of Use.
- (e) Monitor, edit, or disclose any communication in the Public Areas.
- (f) Edit or delete any communication(s) posted on the The Merchandiser Site, regardless of whether such communication(s) violate these standards.
The Merchandiser reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. The Merchandiser has no liability or responsibility to users of the The Merchandiser Website or any other person or entity for performance or nonperformance of the aforementioned activities.
17. Review Sweepstakes Terms and Rules
By participating in the Merchandiser Reader Review sweepstakes “Sweepstakes” entrants agree to be bound by these Official Rules. The “Sweepstakes” is only open to legal residents of DC, MD, and VA. Entrants must be at least 18 years old at time of entry. Two entrants will be randomly selected by a representative of the Merchandiser (“Sponsor”) from correctly completed entries received each month. Sponsor is not liable for lost, late, or misdirected mail. Entry limitation: Maximum of one entry per person, per review, per month, during the sweepstakes period. Entrants may only win once during this Sweepstakes period. Employees of Sponsor and their immediate family members are not eligible. No purchase necessary. Potential winners will be notified by mail each month. Potential winners will have seven calendar days to claim their prize by telephoning Sponsor. If a potential winner has not properly claimed his/her prize within seven calendar days from the first notification attempt, then such person may be disqualified, in Sponsor’s sole discretion, and an alternate winner may be selected. Sponsor will not be liable for unsuccessful efforts to notify a potential winner or for a potential winner’s failure to properly claim a prize. A list of Sweepstakes winners will be published on Sponsor’s website each month. All prizes will be awarded. The value of the prize will be taxable as income to the winners and winners are solely responsible for any applicable taxes. Winners are solely responsible for all travel charges, including but not limited to, travel to and from the restaurants. If, for any reason, beyond Sponsor’s control, the administration, security, fairness, integrity or proper conduct of the Sweepstakes is compromised, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes. By accepting the prize, winners consent to the use of their names, photos, and/or likenesses for publicity/advertising purposes without additional compensation.
Winners will be required to sign an affidavit of eligibility and publicity/liability release to receive prizes. If potential winners refuse to execute any consent/release or are determined to be ineligible, such person may be disqualified, in Sponsor’s sole discretion, and an alternate winner may be selected. Void where prohibited or restricted by law. Selection of your review(s) for publication in the magazine does not automatically entitle you to one of the restaurant certificates. Winners are randomly drawn from all review submissions. In order to receive a prize, you may not be required to purchase goods or services, pay any money or submit to a sales promotion effort.
18. Official Rules for Reviews
We invite users to participate in The Merchandiser’s Reviews, which must be original material written by our readers (entrant). When you submit a review to The Merchandiser, either by mail, facsimile email, or any other means of transmitting the content, you are consenting to the following rules. You agree that your content is for non-commercial purposes and you may not promote any commercial entity or engage in any commercial activity as part of your restaurant review. You agree to be completely responsible for the content of the review(s) you submit to The Merchandiser. You agree that the content you submit does not violate the copyright, patent, trademark or other intellectual property rights of any third party and that if discovered to be so, you agree to remove said content. In addition, you must not submit reviews that are libelous, obscene, abusive, defamatory, or that violate the privacy of any third party or any local, state, national or international law. You will hold The Merchandiser, its employees and agents harmless from any and all claims and or damages resulting from any claim brought by any third party relating to content you have submitted. Submitting content that degrades others on the basis of age, race, class, gender, ethnicity, national origin, religion, disability sexual preference or other means is prohibited. We further reserve the right to revise, edit or reject content that is objectionable in any way. Your submission of restaurant reviews is to be in the form of text only. No submission of graphics is permitted. You agree that The Merchandiser does not endorse the material you submit and does not validate its reliability. You also agree to grant to The Merchandiser the irrevocable, exclusive, royalty free, sublicense license rights to reproduce, modify, publish, distribute, perform and otherwise display the content in whole or in part in any form or media known today or in the future.
19. Reader Survey Sweepstakes Terms and Rules
Official Rules for Sweepstakes: By participating in the Reader Survey Sweepstakes ("Sweepstakes"), entrants agree to be bound by these Official Rules. Sweepstakes is only open to legal residents of DC, MD, and VA. Entrants must be at least 18 years old at time of entry. One entrant will be randomly selected by a representative of The Merchandiser ("Sponsor") from correctly completed entries received by the date stated on the entry form. Sponsor is not liable for lost, late, or misdirected mail. Entry limitation: Maximum of one entry per person during the Sweepstakes period. Copies of the survey will not be accepted. Entrants may only win once during this Sweepstakes period. Employees of Sponsor and their immediate family members are not eligible. No purchase necessary. Potential winners will be notified by mail on or about the date of the drawing noted on the entry form. The potential winner will have seven calendar days to claim their prize by telephoning Sponsor. If the potential winner has not properly claimed his/her prize within seven calendar days from the first notification attempt, then such person may be disqualified, at Sponsor’s sole discretion, and an alternate winner may be selected. Sponsor will not be liable for unsuccessful efforts to notify a potential winner or for a potential winner's failure to properly claim a prize. The Sweepstakes winner's name and photo may be published on Sponsor's website. All prizes will be awarded. The value of the prize will be taxable as income to the winners and winners are solely responsible for any applicable taxes. Winners must provide their social security numbers for tax reporting purposes. If, for any reason, beyond Sponsor's control, the administration, security, fairness, integrity, or proper conduct of Sweepstakes is compromised, Sponsor reserves the right, at its sole discretion, to cancel, modify, or suspend Sweepstakes. By accepting the prize, winners consent to the use of their names, photos, and/or likenesses for publicity/advertising purposes without additional compensation. Winners will be required to sign an affidavit of eligibility and publicity/liability release to receive prizes. If potential winners refuse to execute any consent/release or are determined to be ineligible, such person may be disqualified, at Sponsor's sole discretion, and an alternate winner may be selected. Void where prohibited or restricted by law. All information on the entry form, except the reader information, can be used for promotional purposes by Sponsor. Entrants must complete the entire survey in order to be eligible for Sweepstakes.
20. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any of The Merchandisers confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Maryland, USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
21. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. The Merchandiser SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF The Merchandiser HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY The Merchandiser. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
22. Indemnity
You agree to defend, indemnify, and hold The Merchandiser, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
23. Accounts And Security
The Merchandiser does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (Password) and Login Name (Login Name). You shall provide The Merchandiser with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:
- (a) select or use a Login Name of another person with the intent to impersonate that person;
- (b) use a name subject to the rights of any other person without authorization;
- (c) use a Login Name that the Website, in its sole discretion, deems inappropriate or offensive.
You shall notify The Merchandiser of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at The Merchandisers sole discretion, and you may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at support@mernews.com