Terms of Use
Last revised December 27, 2019
Applicability and Acceptance of Terms and Conditions of Use.
Welcome to the Schuchert Retail Group website, owned and operated by Schuchert Retail Group, Inc. (“SRG”). Our Terms of Use set forth legally binding terms and conditions for your use of the website located at www.schuchert.com and all other sites owned and operated by SRG that redirect to www.schuchert.com (collectively, the “Site”), and the services offered by SRG.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. Our Terms of Use and Privacy Policy are collectively referred to as our “Legal Terms” and constitute the entire and only agreement between you and SRG, and supersede all other agreements, representations, warranties and understandings with respect to your use of the Site.
By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by our Legal Terms which form a legally binding agreement. If at any time you do not agree to these Legal Terms, then you are requested to immediately exit the Site
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE AND SRG’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
SRG may, at its sole discretion and without prior written notice, revise our Terms of Use by posting the updated Terms of Use on the Site. You are responsible for remaining knowledgeable as to any revisions that SRG may make to the Terms of Use. Your continued use of the Site after any revisions to the Terms of Use have been published on the Site, constitutes your acknowledgement of, and agreement to, the then-current Terms of Use. You should visit this page periodically to review the Terms of Use.
Definitions.
The terms “us” or “we” or “our” refers to SRG, the owner of the Site.
A “User” is any individual that visits and uses our Site.
All text, information, data, files, documents, text, images, graphics, audio, photographs, and ay materials accessed through or made available for use or download through this Site, are collectively known as our “Content.” When we refer to our Site, our Content is included by reference.
OWNERSHIP OF THE SITE.
All pages within this Site and any material displayed or made available for download are the property of SRG, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, graphics, images, audio, logos and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by SRG. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of SRG without our express written consent.
CONDUCT.
You are specifically prohibited from any use of this Site and you agree not to use or permit others to use this Site, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (c) upload, post, email or otherwise transmit any information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (d) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or (e) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the Content without our prior written permission, provided that generally available third party Web browser such as ¨Mozilla Firefox, Google Chrome and Microsoft Internet Explorer¨ may be used without such permission. Violations of system or network security may result in civil or criminal liability. SRG will investigate occurrences which may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. SRG will comply with all court orders as well as law enforcement and regulatory inquiries involving requests for such information.
OUR SERVICES.
Our Legal Terms do not govern services available from SRG to the extent that any specific legal terms apply to such services. You understand that our Legal Terms govern the use of our Site only; it does not cover any legal agreements you may execute with regards to a property or hiring our services. Those services are instead governed by legal agreements, and such legal agreements will control as to the nature and terms of such agreements.
LIMITED LICENSE.
Subject to the restrictions and conditions set forth in our Legal Terms, SRG grants you a limited, non-exclusive, non-transferable, revocable license to access, view and use our Site strictly in accordance with our Legal Terms. Your use of our Site is solely for the purposes as provided herein.
LINKS.
The Site may contain links to third-party websites (“Linked Sites”) which are not related to or maintained by SRG. SRG is not responsible for Linked Sites or the content of any of the Linked Sites. SRG provides these links as an additional resource for users of our Site, and we make no representations regarding the content of any linked website or any companies that own, control or manage the Linked Sites. Linked Sites are provided only as a convenience, and when you access Linked Sites, you do so at your own risk. Linked Sites are not under SRG control, and you acknowledge that SRG is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources. The inclusion of any Linked Site on the Site does not imply an affiliation, sponsorship, or endorsement by SRG or any association with its operators. You further acknowledge and agree that SRG 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 the use of or reliance of any information, goods or services available on or through any Linked Site or resource. You should also be aware that the terms and conditions and privacy policy of each Linked Site may be different from these Terms applicable to the Site and Services.
SUSPENSION AND TERMINATION RIGHTS.
SRG may, in its sole discretion, and at any time, discontinue our Site or any part thereof, with or without notice, or prevent your use of the Site with or without notice to you. You agree that SRG, in its sole discretion, may terminate or suspend your access to all or part of the Site at any time and for any reason in its sole discretion, even if access and use continues to be allowed to others.
INDEMNITY AND RELEASE.
You hereby agree to defend, indemnify and hold harmless SRG, its directors, officers, employees and agents from and against all claims, losses, judgments, damages, costs, awards and expenses, including attorneys’ fees, arising out of or resulting from your use of our Site or violation of our Legal Terms. You will also indemnify and hold SRG, its directors, officers, employees and agents harmless from and against any claims brought by third parties arising out of your use of our Site.
DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND SERVICES MADE AVAILABLE ON OUR SITE, ARE PROVIDED “AS-IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS.” SRG MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OR SERVICES OF OUR SITE, OR LINKS TO THIRD PARTY WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, SRG AND ITS OFFICERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, SRG DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE AND/OR NOT INTERCEPTED, OUR THAT THE SITE AND MATERIAL ACCESSIBLE FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SRG IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, FAILURE OF EMAIL BECAUSE OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ANY COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS, ANYONE’S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE, RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE.
WITHOUT LIMITING THE FOREGOING, YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT OR ACESS TO THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMGES, THE ABOVE LIMITATIONS MAY NOT APPLY.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SRG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RESULT FROM THE USE OR PERFORMANCE, OR THE INABILITY TO USE, THE SITE OR INFORMATION, SERVICES OR FUNCTIONS ON SUCH SITE, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR ASSOCIATED WITH THIS SITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND DISPUTE RESOLUTION.
Our Legal Terms shall be governed by, and will be construed under, the laws of the State of California, United State of America and applicable federal laws without regard to conflicts of law principles. Any action you, any third party or SRG brings to relating to the Site or our Legal Terms, shall be brought only in either the state or Federal courts located in the State of California, County of Los Angeles, and for Los Angeles County, California, and you expressly consent to the jurisdiction of said courts and irrevocably waive any and all objections based upon jurisdiction or venue.
MISCELLANEOUS.
Our Legal Terms set forth the entire understanding and agreement between you and SRG with the respect to the subject matter hereof. If any provision of the Terms of Use or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms or the Privacy Policy shall remain in full force and effect.