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TERMS OF USE AND LICENSE AGREEMENT

Retail Tenant Directory Online

This License agreement (the “AGREEMENT”) is made between and between the individual, company, organization or other legal entity on whose behalf this Agreement is accepted (hereinafter “Subscriber”) and is effective at the date of activation.  Requesting and using the Service, you agree as Subscriber or agree on behalf of Subscriber both to be bound by the terms of this Agreement that follow and to become a party of it. If you do not agree to the terms of this you must not request, download or use the Service.

1. TERM:

The term of this Agreement shall commence upon the date of the e-mailed confirmation and issuance of Password and User ID (the “Effective Date”) and shall continue in force for a period of one year unless extended or earlier terminated by mutual agreement or terminated pursuant to the terms of this agreement. Subscriber may renew the Agreement by executing a renewal form provided by Retail Tenants Inc. Inc. (either online or in writing) and paying the then discounted current annual subscription fee for the Service; provided that Retail Tenants Inc. Inc. reserves the right to accept or decline any renewal. Any renewal accepted by Retail Tenants Inc. Inc. shall not be effective until payment is received and shall continue until the next anniversary of the Effective Date.

2. COPYRIGHT:
This Database and web site (www.plainvanillashell.com) is protected by United States, Canadian and international copyright and intellectual property laws. All rights to the Database and web site are owned by Retail Tenants Inc. By using the Data, you do not become the owner of the Data but are entitled only to use it in accordance with the terms and conditions of this Agreement.

3. RESTRICTIONS:

No transfer of licensed material to any third party is allowed. You may not use the  Licensed Materials  for the purpose of providing any services to other parties, whether or not for profit, including but not limited to: providing mailing lists, sales prospecting lists, survey lists, broadcast faxes, broadcast e-mail, publishing of directories, or any other information or consulting service which provides or prepares information via computer. You may not use, copy, distribute, translate, transmit, merge, modify, transfer, adapt, loan, rent, lease, assign, share, sub-license or make available to another party, the Data in any way, except as expressly provided for in this Agreement. You must take all necessary precautions to
prevent anyone else from violating the terms of this Agreement. This section shall survive the termination of this Agreement.

4. MONITORING OF USAGE:

Retail Tenants Inc. retains the right to monitor all accounts to determine the amount of usage and the types of searches being conducted, including the monitoring of selected records within the database.

5. LICENSE REQUIREMENTS:

Retail Tenants Inc. Inc. requires each individual user required to purchase a license for each user requires organization. Licensing is based on the total number of individual users within your organization, not simultaneous or concurrent users. Additional users can be purchased at a special additional seat price and activated immediately. Please contact us for further details.  It is the licensee’s responsibility to manage and enforce the total limit.

6. LICENSE TERMINATION:

License agreements are renewed on an annual basis. This service expires 12 months after the date of activation and is renewable at a discounted renewal price. Data extracted, exported, printed or in any other format can not be used in any way if your account has expired, you violate this license agreement, or your account is not in good standing.

7. DATA CONDITIONS:

Except as specifically provided herein, Retail Tenants Inc. Inc. provides the licensed material “AS IS”. Retail Tenants Inc. gives no other express or implied warranties, material “, promises or guarantees of any kind, statutory or otherwise, with respect to the licensed material, its functions, contents, or user documentation. While Retail Tenants Inc. Inc.  makes every effort to keep the database complete, accurate and up to date, the entire risk as to the quality and performance of the licensed material and the results from use are with you. You assume all responsibility for selection of the Data Subsets needed to achieve your intended results, and for the use of and results obtained from the Data Subset.

8. LIMITATION OF LIABILITY:

In no event will Retail Tenants Inc. Inc. be liable for any damages including but not limited to, any lost profits, lost savings, indirect, special, incidental, economic or consequential damages, arising out of the use, or inability to use the licensed materials, or for claim by any other party. In no case will Retail Tenants Inc. .com and, Retail Tenants Inc. Inc, be liable, in any kind of legal claim in any way connected with the use of the Retail Tenants Inc. Inc web site or the Database, for more than the amount paid by you for the use of the Data. Retail Tenants Inc. Inc entire liability and your exclusive remedy shall be at the option of

Retail Tenants Inc. Inc to either refund the amount you paid for the Data Subset or provide you with corrected items. This Agreement shall be governed by the laws in force in the Province of Ontario. You acknowledge that a breach of this Agreement may cause irreparable harm to Retail Tenants Inc. Inc. and therefore you agree that upon any such breach Retail Tenants Inc. Inc. shall be entitled to obtain injunctive or other equitable relief to enforce your obligations under this Agreement.

9. REFUND POLICY:

Retail Tenants Inc. Inc. is committed to customer satisfaction with the best technical, sales and
information support services. However, due to the digital nature of the product sold, refunds are not available and all sales are final.  In the case of any disputes, we will, however, use all commercially reasonable efforts in an attempt to find a solution that is acceptable to all parties.

10. RIGHT TO CHANGE TERMS AND CONDITIONS OR CONTENT:

Retail Tenants Inc. Inc. may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use these Site(s) after any changes are posted, you are indicating your acceptance of those changes. Retail Tenants Inc. Inc. may add, change, discontinue, remove or suspend any other Materials posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.