TERMS
OF USE
UNIFORMMARKET TERMS OF USE AND SERVICE AGREEMENT
Last Modified: April 14, 2004
The UniformMarket Web site is owned and operated by Halper Publishing
Company. The UniformMarket Web site and all of its content and related
software will be collectively referred to in this Agreement as "UniformMarket".
This Agreement applies to the UniformMarket Web site and any related
software. You will need to read this Agreement in its entirety to review
the general provisions of the Terms of Use and Service Agreement to the
product or service for which you are now signing up, using, logging into
or otherwise accessing for the first time.
The
UniformMarket product is offered to you conditioned on your acceptance
without modification of these Terms of Use and Service Agreement.
Your use of UniformMarket constitutes your agreement to these
Terms of Use and Service Agreement. If you do not have print
capability or otherwise desire to obtain a hard copy of these
Terms of Use and Service Agreement, please contact UniformMarket
customer service.
If
any of the terms, conditions, and notices contained herein conflict
with any Additional Terms or other terms and guidelines contained
within or applicable to any particular portion of the UniformMarket
Web site, service, product or benefit, then the applicable Additional
Terms shall control. You agree to familiarize yourself with the
Terms of Use and Service Agreement, including any Additional
Terms provided, and other terms and guidelines found throughout
the UniformMarket product and abide by them if you choose to
use the site, or accept the products, services or benefits, to
which such terms apply.
MODIFICATION
OF THESE TERMS OF USE AND SERVICE AGREEMENTS
Halper Publishing Company reserves the right to change the Terms of Use
and Service Agreement, and any Additional Terms at any time, effective
upon making the modified provisions available on the UniformMarket site
or by notifying UniformMarket users directly. You are responsible for
regularly reviewing these terms and conditions. Continued use of the
UniformMarket product after any such changes shall constitute your consent
to such changes. Halper Publishing Company does not and will not assume
any obligation to notify you of any changes to the Terms of Use and Service
Agreement, or any Additional Terms.
ACCEPTABLE USE LIMITATION
The UniformMarket site is provided to assist you with the promotion and
education of uniform related products and services from a multitude of
manufacturers and distributors. Your right to use the UniformMarket is
personal to you, and your company and its employees. As a condition of
your use of UniformMarket, you warrant to Halper Publishing Company that
you will not use the UniformMarket for any purpose that is unlawful or
prohibited by these Terms of Use and Service Agreement or any Additional
Terms (as may be modified from time to time). You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software,
products, services or benefits obtained from the UniformMarket site,
associated Halper Publishing Company Web sites or Halper Publishing Company,
except as expressly provided herein.
In
addition, you may not use the products or services provided through
or in connection with UniformMarket to:
* defame, abuse, harass, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
* conduct or manipulate illegal, unauthorized, or unsolicited assessments,
certifications, exams, quizzes, tests, or any similar evaluation;
* publish, post, distribute, disseminate or link to any: (i) inappropriate,
profane, defamatory, infringing, obscene, adult content, nude, indecent
or unlawful topic, name, material or information; (ii) software or other
material protected by intellectual property laws, copyright licenses,
rights of privacy or publicity, or other proprietary rights, unless you
own, control such rights or have received all necessary consents for
your use of such software and other materials; (iii) software or other
material that contains viruses, corrupted files, or that may or are intended
to damage the operation of another's computer (e.g., "cracks" or
other programs written to defeat the security measures of any computer,
system or programs);
* harvest or otherwise collect information about third parties, including
e-mail addresses, without the expressed consent of such third parties;
* restrict or inhibit any other user from using and enjoying its rights
in UniformMarket, interfering with or disrupting the UniformMarket service
or servers or network connected to UniformMarket; or,
* violate any applicable government laws or regulations.
The information provided by Halper Publishing Company to you may be proprietary
in nature. You agree not to share any information provided to you by
or on behalf of Halper Publishing Company with any third party. If you
sell or otherwise distribute goods or services that compete with or may
otherwise serve as a substitute for products or services sold or otherwise
distributed by Halper Publishing Company via UniformMarket or offered
by UniformMarket, you may not: (a) use or acquire, or have any other
person use or acquire on your behalf, the products or services of UniformMarket
for which you offer competing or substitute products or services; or
(b) advertise, promote, market or solicit offers to acquire such competing
or substitute products in connection with your use of UniformMarket.
Halper Publishing Company is not obligated to monitor the content on
UniformMarket. However, with respect to the use of the products and services
offered on UniformMarket, Halper Publishing Company reserves the right
to disclose any information or materials as necessary to satisfy any
applicable law, regulation, legal process or government request, or to
edit, refuse to post or to remove any information or materials, in whole
or in part, from the UniformMarket Web sites, in Halper Publishing Company's
sole discretion, without notice at any time.
FEES
Some products and services available through or in connection with UniformMarket
require that you purchase a subscription, pay a per-use fee or otherwise
pay a fee. You hereby authorize Halper Publishing Company to charge your
credit card or otherwise issue a bill in advance for all applicable fees
incurred by you or on your behalf in connection with your use of the
UniformMarket product or service you have chosen to use. At the sole
discretion of Halper Publishing Company, an additional sales contract,
agreement or service agreement addendum may detail alternative payment
terms and shall be signed and agreed to prior to your use of the UniformMarket
service. You shall be solely responsible for all charges, fees, duties,
taxes, and assessments arising out of your use of UniformMarket. Halper
Publishing Company reserves the right to modify the fees charged for
UniformMarket products and services from time to time, provided that
such modifications shall not take effect without notififying UniformMarket
users. Amounts not paid by you to Halper Publishing Company when due,
may bear interest at the lesser of (a) one and one-half percent (1.5%)
per month, and (b) the maximum rate permitted by applicable law. If you
notify Halper Publishing Company in writing that you are terminating
this Agreement, fees pre-paid by you to Halper Publishing Company for
UniformMarket products or services will be non-refundable except under
the following terms:
a) If you request a paid listing or ad be terminated within three (3)
days after it is initially established, fees pre-paid by you to Halper
Publishing Company for UniformMarket products or services may be credited
back to your applicable credit card or a credit will be applied to your
accounts receivable balance on a pro-rated basis (except to the extent
such termination is due to your breach of this Agreement). Receipt of
termination notice must be received by Halper Publishing Company in writing
or via email by an authorized member or agent of your organization.
b) If you request a paid listing or ad be terminated within thirty (30)
days after it is initially established, fees already paid by you to Halper
Publishing Company for UniformMarket products or services may be credited
back to your applicable credit card or a credit will be applied to your
accounts receivable balance on a pro-rated basis of the original purchase
fee (except to the extent such termination is due to your breach of this
Agreement). Receipt of termination notice must be received by Halper
Publishing Company in writing or via email by an authorized member or
agent of your organization.
Halper
Publishing Company is not required to refund directly to you
any amounts paid hereunder. It is your responsibility to notify
Halper Publishing Company if your credit card has expired and
to make changes or your service may be disconnected or interrupted.
LINKS
TO THIRD PARTY SITES
Links within UniformMarket may let you leave the UniformMarket site.
You acknowledge that the linked sites are not under the control of Halper
Publishing Company and that Halper Publishing Company is not responsible
for the contents or operation of such linked sites or any link contained
in such linked site, or any changes or updates to such sites. Halper
Publishing Company is not responsible for web casting or any other form
of transmission received from any linked site. Halper Publishing Company
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Halper Publishing Company of
the linked site or any association with their operators.
USE
OF COMMUNICATION SERVICES
UniformMarket may at any time contain bulletin board services, chat areas,
news groups, forums, communities, personal and business web pages, yellow
page listings, electronic mail postings and/or other message or communication
facilities designed to enable you to communicate with the public at large,
public and privatly held businesses or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to
post, send and receive messages and material that are proper and related
to the particular Communication Service, and to comply with all applicable
laws and this Terms of Use and Service Agreement. In addition to the
above acceptable use limitations, you agree that when using a Communication
Service, you will not:
* Falsify, delete or alter any material, author attributions, legal or
other proper notices or proprietary designations or labels of the origin
or source of material contained in a file that is uploaded via the Communication
Services;
* Restrict or inhibit any other user from using and enjoying their rights
in the Communication Services;
* Violate any code of conduct or other guidelines that may be applicable
for any particular Communication Service;
* Harvest or otherwise collect information about others, including e-mail
addresses, without their express consent;
* Link the Communication Services to any unsolicited communication sent
to any third party, or otherwise use or mention the Communications Services
in connection with any such unsolicited communication; or,
* Violate any applicable laws or regulations.
Halper
Publishing Company reserves the right, but is not obligated,
to review materials posted to a Communication Service and to
remove any such materials in its sole discretion, without notice
at any time. In addition, Halper Publishing Company reserves
the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
Furthermore, Halper Publishing Company reserves the right to
terminate or change any Communication Service at anytime.
Halper
Publishing Company is not obligated to monitor the Communication
Services. However, with respect to the use of the Communication
Service, Halper Publishing Company reserves the right to disclose
any information or materials as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials,
in whole or in part, from the Communication Service in Halper
Publishing Company's sole discretion.
You
acknowledge that Communication Services are public and not private
communications, therefore your communications may be read by
others without your knowledge. Always use caution when giving
out any personally identifying information about yourself or
others in any Communication Service. Halper Publishing Company
does not control or endorse the products listed or advertised,
content, messages or information found in UniformMarket or any
Communication Service and, therefore, Halper Publishing Company
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in
any Communication Service. You acknowledge that registered members,
users, managers and hosts of the Communication Services may not
be authorized Halper Publishing Company agents or spokespersons,
are may not be able to bind Halper Publishing Company, nor do
their views necessarily reflect those of Halper Publishing Company.
Materials
uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination, and
you are responsible for adhering to such limitations if you download
the materials.
LICENSE
YOU GRANT TO UniformMarket
Halper Publishing Company does not claim ownership of the products, images,
copy or advertisements you provide while using UniformMarket or posts,
uploads, inputs or submitions in connection with your use of UniformMarket
or any web site created by you or on your behalf ("Your Web Site")
in connection with the use of UniformMarket (collectively "Submissions").
However, with respect to any participation in or use of Communication
Services, you grant Halper Publishing Company a royalty-free license
to use (including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate,
sublicense and reformat your Submission, and to publish your name in
connection with your Submission) your Submission only in connection with
the operation and promotion of UniformMarket unless you explicitly request
in writing or via email that we do not do so, and submit the request
to the following address: Halper Publishing Company, 830 Moseley Rd,
Highland Park, IL 60035 or submit the request by fax to 847-780-2902
Attn: Contracts Administration. You also grant Halper Publishing Company
the right to publish your name in connection with any such communication.
No compensation will be paid or due to you with respect to Halper Publishing
Company's use of the materials as licensed above. Halper Publishing Company
is under no obligation to post or use any materials you may provide,
and may remove such materials at any time in Halper Publishing Company's
sole discretion. By posting messages, uploading files, inputting data,
submitting any feedback or suggestions, or engaging in any other form
of communication with or through any portion of the UniformMarket Web
Site, you warrant and represent that you own or otherwise control the
rights necessary to do so and to grant Halper Publishing Company the
license set forth above, and you will defend and indemnify Halper Publishing
Company and its suppliers from any third party claim related to a breach
of any of the foregoing representations or warranties.
SOFTWARE
AVAILABLE ON UniformMarket
Software, data or databases that are made available to download from
or otherwise through the UniformMarket site, excluding software that
may be made available by third parties via UniformMarket, ("Software")
is the copyrighted work of Halper Publishing Company and/or its suppliers.
Your use of the Software is governed by these Terms of Use and Service
Agreement, and any applicable Additional Terms, and the terms of the
end user license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). To the extent that
the License Agreement conflicts with the Terms of Use and Service Agreement,
and/or Additional Terms, the terms of the License Agreement shall govern
your use of the Software. You may not install or use any Software that
is accompanied by or includes a License Agreement unless you first agree
to the License Agreement. For any Software not accompanied by a license
agreement, Halper Publishing Company hereby grants to you, the user,
a personal, non-exclusive, non-transferable license to use the Software
for viewing and otherwise using the particular UniformMarket Web Site
in accordance with the applicable Terms of Use and Service Agreement,
and for no other purpose. In addition, you shall keep intact all and
may not alter any copyright and other proprietary notices contained in
such Software. All Software is owned by Halper Publishing Company and/or
its suppliers, and is protected to the maximum extent permitted by copyright
laws and international treaty provisions. Any reproduction or redistribution
of the Software is expressly prohibited, and may result in severe civil
and criminal penalties. Persons violating the foregoing, or who otherwise
misappropriate any intellectual property or proprietary rights related
to the Software may be prosecuted to the maximum extent possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. Y OU MAY NOT DECOMPILE, DISASSEMBLE,
REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET
CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
You
acknowledge that the Software, and any accompanying documentation
and/or technical information, is subject to applicable export
control laws and regulations of the USA. You agree not to export
or re-export the Software, directly or indirectly, to any countries
that are subject to USA export restrictions. All software downloaded
or otherwise obtained by the U.S. Government pursuant to solicitations
issued on or after December 1, 1995 is provided with the commercial
license rights and restrictions described elsewhere herein.
LIABILITY DISCLAIMER
The information, software, products, services and other material included
in or available through UniformMarket may not be complete, and may include
inaccuracies or errors, and may also be modified or deleted from time
to time. Advice, information, products, services or other materials received
via the UniformMarket should not be solely relied upon for personal,
legal, business, financial or other business decisions and is not intended
to replace the advice of appropriate and qualified professionals and
additoional business services. You acknowledge that you should consult
an appropriate professional for specific advice tailored to your business.
Your access to and use of UniformMarket, and products and services advertised
on UniformMarket, is at your own risk. Halper Publishing Company,
and its members and sponsors, will not be liable for any damage,
loss or disclosure of information, data, revenue, accounts or business
that occurs in connection with your use of UniformMarket, or such
products or services. Halper Publishing Company makes no guarantees
of any kind regarding the dependability, accuracy, security, timeliness
or availability of products and services promoted, listed and advertised
on UniformMarket.
Without
limiting the foregoing, HALPER PUBLISHING COMPANYAND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION,
SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY,
TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS CONTAINED IN UNIFORMMARKET FOR ANY PURPOSE.
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
HALPER PUBLISHING COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS
OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL HALPER PUBLISHING COMPANY AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF UNIFORMMARKET OR RELATED SERVICES,
WITH THE DELAY OR INABILITY TO USE UNIFORMMARKET OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH UNIFORMMARKET,
OR OTHERWISE ARISING OUT OF THE USE OF UNIFORMMARKET, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HALPER
PUBLISHING COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF UNIFORMMARKET, OR WITH ANY OF THESE TERMS OF USE AND SERVICE
AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING UNIFORMMARKET
AND ITS RELATED SERVICES.
Without
limiting the foregoing, Halper Publishing Company will take all
reasonable steps to ensure that your data is backed up and available
within a seven (7) day period prior to the current day although
it is not directly responsible for any of your data residing
on Halper Publishing Company hardware. You are responsible for
backing-up your data and information that may reside on the Halper
Publishing Company hardware, whether or not such information
is produced through the use of UniformMarket. It is your responsibility
to take the necessary steps to ensure your primary means of business
is maintained.
You agree to defend, indemnify and hold Halper Publishing Company and
its suppliers harmless from and against any and all claims, losses, liability
costs and expenses (including but not limited to attorneys' fees) arising
from your violation of these Terms of Use and Service Agreement (including,
without limitation, violation of any applicable Additional Terms of Use),
or any third-party's rights, (including, without limitation, infringement
of any copyright, violation of any proprietary right and invasion of
any privacy rights). These obligations will survive any termination of
your relationship with Halper Publishing Company or your use of UniformMarket.
SERVICE CONTRACT
Halper Publishing Company makes every reasonable attempt to ensure its
services are available to its customers 24 hours a day and 7 days a week.
Halper Publishing Company will guarantee ninety-nine percent (99%) service
uptime and access to systems and services under its direct control. Halper
Publishing Company is not responsible for maintaining, troubleshooting,
or otherwise accepting responsibility for network access that is not
owned or under the direct control of Halper Publishing Company and is
under no obligation to monitor any systems outside of its direct control.
Halper Publishing Company may, at its sole discretion, take any of its
systems offline temporarily in order to update software and/or systems
as it deems necessary. Halper Publishing Company also reserves the right
to disable or restrict any access to it’s systems at any time in
order to protect the integrity of it’s systems and data or it’s
customers data by a software security vulnerability, virus or otherwise
damaging system or software originating inside or outside it’s
direct control. Rights to access restrictions extend to Halper Publishing
Company’s partners or network service providers in any case mentioned
herein. Halper Publishing Company will make all reasonable attempts to
notify or otherwise contact its customers prior to any impending access
restrictions. If you need to contact Halper Publishing Company regarding
UniformMarket technical support, you may send E-mail to support@UniformMarket.com or
call 847-780-2900 or fax a message to 847-780-2902. Halper Publishing
Company will make all reasonable attempts to resolve your technical issue
in a timely manner.
ACCESS RESTRICTION
Halper Publishing Company reserves the right to deny, in its sole discretion,
any user access to UniformMarket or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of your password(s),
username(s), or account identifier(s) issued to you by Halper Publishing
Company, and for any use or misuse of your account or UniformMarket resulting
from any third party using a password, username, or account identifier
issued to you.
TERMINATION
Halper Publishing Company may terminate this Agreement and your access
to UniformMarket (in whole or in part) and related services at any time,
with or without cause, and with or without notice. Anyone determined
by Halper Publishing Company to have violated these Terms of Use and
Service Agreement, or any Additional Terms may be barred from using UniformMarket,
or from receiving any products, services or benefits from UniformMarket.
In addition, if you violate any of these Terms of Use and Service Agreement,
or any Additional Terms (as applicable) you will forfeit all in-kind
credits and any other amounts accruing to you (if any) in connection
with UniformMarket.
GENERAL
This Agreement is governed by the laws of the State of Illinois, U.S.A.
You hereby consent to the jurisdiction of and venue in courts located
in Illinois, U.S.A. in all disputes arising out of or relating to the
use of the UniformMarket. In addition, you hereby consent to the exclusive
jurisdiction of and venue in such courts for any action commenced by
you against Halper Publishing Company, (or its affiliates). Use of UniformMarket
is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Halper Publishing Company
as a result of this Agreement or use of UniformMarket. Halper Publishing
Company's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation
of Halper Publishing Company's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of
the UniformMarket or information provided to or gathered by Halper Publishing
Company with respect to such use. If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then 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 continue in effect. Unless otherwise specified herein,
this Agreement constitutes the entire agreement between the user and
Halper Publishing Company with respect to UniformMarket and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Halper Publishing Company with
respect to UniformMarket. A printed version of this Agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. You may not rent, lease, license, grant a security interest in,
or otherwise transfer or sublicense your rights hereunder to any third
party.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the UniformMarket site and associated software are: Copyright © 1998
- 2004 Halper Publishing Company and/or its suppliers, 830 Moseley Rd,
Highland Park, IL 60035 U.S.A. All rights reserved.
TRADEMARKS
"UniformMarket", "Made To Measure Magazine" and "Halper
Publishing Company" are either trademarks or registered trademarks of Halper
Publishing Company. The names of actual companies and products mentioned herein
may be the trademarks of their respective owners. Any rights not expressly granted
herein are reserved by Halper Publishing Company.
Contact Information
If you have any questions or concerns contact us by phone, fax, E-mail
or Postal Mail using the contact information listed below.
UniformMarket
Made To Measure Magazine
Halper Publishing Company
830 Moseley Rd
Highland Park, IL 60035
http://www.uniformmarket.com
847-780-2900 - telephone
847-780-2902 - fax
support@uniformmarket.com
|
