PENNSYLVANIA RETAILERS' ASSOCIATION
MEMBER SERVICE PROVIDERS
TERMS OF USE POLICY AND DISCLAIMER
ACCESS
Welcome to the Member Service Provider Section of the Association's
Website ("Site"). Use of this Site is reserved
for registered members of the Association ("Members"
or "you"). In accessing and using this Site, you
acknowledge that you have read, understood and agreed to
be bound by the following terms and conditions.
ABOUT THIS SITE
For the benefit of Members, the Association has worked out
arrangements with a number of service providers to make
certain services available to Members. The Site provides
links to websites of third party service providers ("Third
Party Site(s)"). If you use any Third Party Site, you
will leave this Site. If you decide to visit any Third Party
Site or conduct business with any service provider associated
with a Third Party Site ("Third Party Service Provider"),
you do so at your own risk. Furthermore, it is your responsibility
to take all protective measures to guard against fraud,
unethical companies, viruses or other destructive elements
when dealing or doing business with any Third Party Site
or Third Party Service Provider.
LINKS
Because the Association has no control over such Third Party
Sites or Third Party Service Providers, you acknowledge
and agree that the Association is not responsible for the
availability of such Third Party Sites, and is not responsible
or liable for any content, advertising, products, services,
or other materials and/or content on or available from such
Third Party Sites or Third Party Service Providers. Furthermore,
the Association is not responsible for any business dealings
between you and such Third Party Sites or Third Party Service
Providers. The links to any such Third Party Sites are provided
for Member convenience and information only.
Members further acknowledge and agree that the Association
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by
or in connection with use of, or reliance on, any content,
goods or services available on or through any Third Party
Site or Third Party Service Provider.
Third Party Service Provider products and services are
not provided by the Association. If you purchase products
and/or services on or through a Third Party Site or Third
Party Service Provider, your legal relationship will be
with such Third Party Service Provider and not the Association.
You must check with any Third Party Service Provider as
to the terms of provision of such products and services
and the cost and charges involved. The Association may receive
fees or commissions from member purchases of products or
services derived from Third Party Sites or Third Party Service
Providers.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, THE ASSOCIAITON EXCLUDES
ALL WARANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESSED
OR IMPLIED, STATUTORY OR OTHERWISE, RELATING IN ANY WAY
TO THIS SITE, YOUR USE OF THIS SITE OR ANY THIRD PARTY SITE
AND THE INFORMATION, PRODUCTS AND SERVICES SUPPLIED, OFFERED
TO BE SUPPLIED OR ADVERTISED OR ACCESS THROUGH THIS SITE,
ANY THIRD PARTY SITE OR THROUGH ANY THIRD PARTY SERVICE
PROVIDER; AND THE ASSOCIATION SHALL BE EXCLUDED FROM ALL
LIABILITY (INCLUDING NEGLIGENCE) TO YOU OR ANYONE ELESE
WITH RESPECT TO ANY LOSS OR DAMAGE (INCLUDING SPECIAL, INDIRECT
OR CONSEQUENCIAL LOSS OR DAMAGE), COST AND EXPENSES SUFFERED
BY YOU OR CLAIMS MADE AGAINST YOU ARRISING FROM OR IN CONNECTION
WITH ANY USE OF THE INFORMATION, PRODUCTS OR SERVICES SUPPLIED,
OFFERED TO BE SUPPLIED OR ADVERTISED OR ACCESS THROUGH THIS
SITE, ANY THIRD PARTY SITE OR THROUGH ANY THIRD PARTY SERVICE
PROVIDER FOR ANY REASON WHATSOEVER (INCLUDING NEGLIGENCE).
YOUR USE OF THIS SITE, ANY THIRD PARTY SITE OR BUSINESS
DEALINGS WITH ANY THIRD PARTY SERVICE PROVIDER IS AT YOUR
SOLE RISK. THE SITE AND THIRD PARTY SITE SERVICES ARE PROVIDED
ON "AS IS" AND "AS AVAILABLE" BASIS.
THE ASSOCIATION EXPRESSLY DISCLAIMES ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT.
THE ASSOCIATION MAKES NO WARRANTY THAT: THE SITE, THIRD
PARTY SITE OR THIRD PARTY SERVICE PROVIDERS WILL MEET YOUR
REQUIRMENTS; THE SITE OR THIRD PARTY SITES WILL BE UNINTERUPTED,
TIMELY, SECURE, OR ERROR-FREE; THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY ANY MEMBER THROUGH THE SITE, THIRD PARTY SITE OR THIRD
PARTY SERVICE PROVIDER WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SITE OR THIRD PARTY SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLEY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM THE ASSOCIATION OR FROM THE SITE, ANY THIRD
PARTY SITE OR THIRD PARTY SERVICE PROVIDER SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS POLICY.
ALL MEMBERS ARE ADVISED TO ALWAYS BE VERY CAREFULL WITH
WHOM THEY DEAL WITH OR MEET ON THE INTERNET. ADDITIONAL
RISKS ARISE OUT OF THE DEALING WITH BUSINESSES ACTING UNDER
FALSE PRETENSE OR MAKING DECEITFUL REPRESENTATIONS. BECAUSE
USER ATHENTICATION ON THE INTERNET IS DIFFICULT, THE ASSOCIATION
WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE
OF ANY SORT INCURRED BY ANY MEMBR FROM USE OF THE SITE,
INCLUDING LOSSES AS A RESULT OF YOUR BUSINESS DEALINGS WITH
ANY THIRD PARTY SITE, THIRD PARTY SERVICE PROVIDER OR ANY
OTHER PERSON, ENTITY OR COMPANY. ALL MEMBERS ARE ADVISED
TO INVESTIGATE THE THIRD PARTY SERVICE PROVIDERS OPERATING
THE THIRD PARTY SITES BEFORE ENTERING INTO ANY AGREEMENT
OR MAKING PAYMENTS OF ANY KIND.
THE ASSOCIATION DOES NOT ENDORSE, WARRANT OR GUARANTY ANY
PRODUCTS OR SERVICES OFFERED BY A THIRD PARTY SITE OR THIRD
PARTY SERVICE PROVIDER AND WILL NOT BE A PARTY TO OR ANY
WAY MONITOR ANY TRANSACTION BETWEEN ANY MEMBER AND THIRD
PARTY SITES OR THIRD PARTY SERVICE PROVIDERS. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ANY
ENVIRONMENT, EACH MEMBER SHOULD USE HIS OR HER BEST JUDGMENT
AND EXERCISE CAUTION WHEN APPROPRIATE.
DISCLAIMERS OF LIABILITY CONTAINED ON THIS SITE APPLY TO
ANY DAMAGES OR INJURY CAUSED BY ANY SITE OR THIRD PARTY
SITE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. EACH MEMBER SPECIFICALLY
ACKNOWLEDGES THAT THE ASSOCIATION IS NOT RESPONSIBLE FOR
THE DEFAMATORY, OFFENSIVE OR LEGAL CONDUCT OF THIRD PARTY
SITES AND THE THIRD PARTY SERVICE PROVIDERS THAT OPERATE
SUCH SITES, AND THAT THE RISK OF INJURY FROM THE FOREGOING
REST ENTIRELY WITH EACH MEMBER.
INDEMNITY
As a condition of use of this Site, you agree to indemnify
the Association, its employees, associates, affiliates,
subsidiaries, divisions, officers, agents, and/or suppliers,
against any and all liability, expenses (including attorneys
fees, and damages) arising out of claims resulting from
your use of this Site, any Third Party Site services, content,
material and/or Third Party Service Provider business dealings
with you, including, without limitation, any claims alleging
facts that if true would constitute a breach by you of this
policy. Your sole remedy against the Association is to stop
using the Third Party Service Providers or the Site and
the services, offers, content and material within the Site
or Third Party Sites.
