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PRIVACY STATEMENT

Retail Merchants Association of Tidewater Virginia, Inc. d/b/a Retail Alliance (“we”, “us” or “our”) respects your privacy and is committed to protecting it through our compliance with this Privacy Statement. We provide this Privacy Statement to explain what information we collect, how we use it, and with whom we share it with, along with any rights and choices you may have with respect to your information. This Privacy Statement applies to the website www.retailallianceresources.com and any of our other websites, mobile applications or software applications that direct to this Privacy Statement (each, a “Site”, and collectively, the “Sites”) and together with our Terms of Use, this Privacy Statement forms an integral and binding part of our relationship with you. To use any of our Sites, you must agree to the terms of this Privacy Statement and the Terms of Use. If you object to our data collection practices or any of the provisions in this Privacy Statement, your choice is to stop using our Sites. 

1. Collection of Information 

By using the Sites, we may request that you provide personal information, including your name, mailing address, email address, telephone number and other general background information. Moreover, there is information about your computer hardware and software that is or may be collected by us. This information can include without limitation your IP address, browser type, domain names, access times and referring website addresses. We also get information from your use of our services, including how you use them. Regarding IP Address and Clickstream Data, our server automatically collects data about your server’s IP address when you visit us. When you request pages from our website, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather aggregate demographic information about our customers as a whole. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the portions of the Sites you visited; any search terms you have entered on retailallianceresources.com, or a referral site; and other web usage activity and data logged by our web servers.

As do other websites and mobile applications, we may collect data about the browsers and devices you use to access our Sites. The data we may collect includes browser or device model and settings, operating system, and unique identifiers. We may also collect data about how your browsers and devices interact with our Sites and services, including IP address and system activity, and the date, time and URL of the site you visited before our Site. 

2. Our Use of Your Information

We use the information we gather on the Sites for the purpose of operating and improving the Sites, fostering a positive user experience, and delivering the products and services that we offer. We may use your contact information in order to send you email or other communications regarding updates at the Sites. The nature and frequency of these messages will vary depending upon the information we have about you. We additionally may employ Internet tracking and analytic tools such as Google Analytics to better understand and deliver a user experience. We also use the information that we gather for internal system administration, to help diagnose problems with our server, and to administer our web site. Such information may also be used to gather demographic information, such as country of origin and Internet service provider. We may link this information with your personal information.

3. Disclosure of Personal Information to Others

We do not disclose your personal information to third parties, or any aggregated personal and demographic information or information about your use of the Sites, except as follows: 

Service Providers and Business Partners

We may partner with service providers and other third parties to help operate our Sites or provide our services, and we may need to give them access to certain information to provide our and their services.  or example, the information you submit in connection with paying for services may be shared with a third-party payment processor. We allow such third parties to use the information only to perform the services that we have asked them to perform and to share the information only as needed to provide such services. For visitors or users of our Sites located outside of the United States, please note that we are based in the United States and use data centers and servers in the United States to provide our services. Therefore, upon submission of personal information for the purposes of use of our services and Sites, your personal information will be subject to an international transfer of data.

Legal and Compliance Transfers

When we need to share data to satisfy a legal or regulatory requirement, including responding to a subpoena or other lawful government request for data, we will share information only as necessary to comply with that requirement. Unless we are prohibited from doing so, we will endeavor to notify you before sharing your information in any such situation. We may also share information if needed to enforce our legal rights, detect or prevent fraud or security concerns, or protect public safety.

If we are involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, personal information held by us about our clients and other users of our Sites may be among the assets transferred. In addition, we may disclose personal information for the purpose of evaluating and/or performing the proposed transaction (including in connection with any bankruptcy, liquidation or similar proceedings).

Public and De-Identified Data 

Any restrictions described in this Privacy Statement do not apply to publicly-available information, aggregated information, or de-identified or anonymized information.  We may transfer, disclose or share any publicly-available information or aggregated and/or de-identified information without restriction.  

4. Use of Cookies and Local Storage

The Sites may contain electronic images known as web beacons (sometimes called single-pixel gifs) that allow us to count users who have visited those pages. Web beacons are not used to access your personally identifiable information; they are a technique we use to compile aggregated statistics about our Sites’ usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. You may not decline web beacons; however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. 

5. Access to, Opt-Out and/or Modification of Your Information

The Sites may provide account holders limited access to or the ability to modify your personal information. Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we must keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. If you are receiving newsletters, commercial emails or other communications from us, but subsequently change your mind, you may opt-out by selecting an appropriate link in those email communications as indicated for the opt out or by sending an email to [email protected]. We retain indefinitely all the information we gather about you to make your repeat use of the Sites more efficient, practical, and relevant. To the extent that we utilize the Google Analytics tools available, you have options with respect to some of those tracking tools or features available at https://tools.google.com/dlpage/gaoptout/

6. Security of the Personal Information

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. We restrict access to personal information to retailallianceresources.com employees, contractors and agents who need to know that information to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

7. Children

The Sites not intended for children under 18 years of age. We do not knowingly collect personal information from children under 18.

8. Changes to Privacy Statement

If we decide to materially change our Privacy Statement, we will post those changes through a prominent notice on the web site. If at any time, you have questions or concerns about this Privacy Policy or believe that we have not adhered to this Privacy Policy, please feel free to email us at [email protected].

9. Contact Information

TERMS OF USE

The Sites are operated under the control of Retail Merchants Association of Tidewater, LLC dba Retail Alliance, a Virginia Company with its principal place of business at 838 Granby St, Norfolk VA 23510.

These Terms of Use apply to your access to and use of (a) the website retailallianceresources.com, an on-line association management services portal and guide, and any of our other websites, mobile applications or software applications that direct to this these Terms of Use (each, a “Site”, and collectively, the “Sites”), and (b) the information, products and services available through the Sites. To use our Sites, you must accept and agree to comply with all of the terms and conditions, which form a legally binding agreement between you and Retail Merchants Association of Tidewater Virginia, Inc. d/b/a Retail Alliance (“us”, “our” or “we”). Please read these Terms of Use carefully. If you do not accept the Terms of Use, do not use the Sites or their services. By using the Sites, you agree to be bound by these Terms of Use. Please see our Privacy Statement for terms applicable to our data collection and use practices, the terms of which are incorporated in these Terms of Use by reference.

1. Eligibility.

You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use retailallianceresources.com in any manner. By visiting retailallianceresources.com or accepting these Terms of Use, you represent and warrant that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant that you will use the Sites in a manner consistent with any and all applicable laws and regulations.

2. Use of Content.

We authorize you to view and access a single copy of the content available on or from the Sites solely for your personal use. The contents of the Sites, such as text, graphics, images, logos, button icons, software and other retailallianceresources.com content (collectively, “Content”), are protected under both United States and foreign copyright, trademark and other laws. All Content is the property of Retail Merchants Association of Tidewater Virginia, Inc. d/b/a Retail Alliance or our content suppliers or clients. You further agree not misuse in any other way any Content that appears on this Site, other than those specifically permitted herein or by written agreement with us. Unless specifically permitted herein or in writing by us, the use of the Content on any other website or in a networked computer environment for any purpose is prohibited. 

3. Ownership Rights.

We and our licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the products and services available through the Sites, and all such rights to all derivative works or enhancements of, in and to, or relating to, such products and services. By entering into this Agreement or by using the Sites, You will not acquire any intellectual property or similar rights in our products or services other than a limited right to use the products or services for your personal benefit.

4. Site Restrictions.

You may not use any Site in order to transmit, post, distribute, store or destroy material, including without limitation, Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.You agree that you will not use the retailalliance.com site in any manner that could damage, disable, overburden, or impair the any Site or interfere with any other party’s use and enjoyment of the any Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through any Site.

5. Advertisers. 

If you advertise on the Sites, you are solely responsible for all advertising content you transmit or submit to the Sites or through the Advertiser Program, whether created by or for you, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, “Ads”). Prior to providing any Ads and participating as an advertiser, You may be required to read and accept additional written terms and conditions governing Your submission of Ads to the Sites (the “Advertiser Agreement”). We disclaim all liability relating to your Ads and you agree to indemnify us for all losses retailallianceresources.com incurs as a result of the Ads. 

By submitting Ads to any public area of any Site, you automatically grant to us and our affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Ads (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such Ads, and to grant and authorize sublicenses thereof (through multiple tiers).

We do not represent or guarantee the truthfulness, accuracy, or reliability of Ads.

6. Copyright Agent.

We respect the intellectual property rights of others, and require that those who use the Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our copyright agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

7. Our Liability.

Our Sites act as an online association management services portal and guide. We may take any action with respect to Content that we deem necessary or appropriate in our sole discretion, including, without limitation, if we believe that such Content could create liability for us, damage our brand or public image, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. While we reserve the right in our sole discretion to remove Content or other material from the Sites from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.

The Sites and the Content may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of any Content. The use of all Content is at your own risk. Changes are periodically made to the Sites and may be made at any time. We cannot guarantee and do not promise any specific results from use of any Site. No advice or information, whether oral or written, obtained by you from us or through or from any Site shall create any warranty not expressly stated herein.

8. DISCLAIMER OF WARRANTIES.

THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE SITES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.

9. LIMITATION OF LIABILITY.

IN NO EVENT SHALL WE, OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE, WHETHER IN AN ACTION BASED ON CONTRACT, INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

10. Local Standards.

We do not represent that materials on the Sites are appropriate for use in all locations. Persons who choose to access the Sites do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. Links to Content and Other Sites.

The Sites may contain links to third-party websites and content. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. The Sites may contain links to social media sites, which may include testimonials. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such social media sites. We are not responsible for the content, accuracy of such content, or manner in which such content is provided to these third-party social media sites. You specifically agree that the use of these social media sites in conjunction with our Sites is at your own risk. 

12. Permitted Disclosures by Us/Violation of Terms of Use.

As described in our Privacy Statement, we may disclose any information we have collected from or about you (including your identity) if we determine that such disclosure is necessary (a) in connection with any investigation or complaint regarding your use of our Site or (b) to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property or the rights or property of our clients or other visitors or users of the Site. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process, or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud-protection purposes.

Without limiting any other provision of these Terms of Use, you acknowledge and agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Sites if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Sites or any services provided herein, including but not limited to our Privacy Statement. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to us for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances and without any need to post bond in connection therewith. These remedies are in addition to any other remedies we may have at law or in equity.

13. Indemnity.

You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Ads, Content or other material you provide to any Site, or (ii) your breach of the terms of these Terms of Use. Wee shall provide notice to you promptly of any such claim, suit, or proceeding.

14. Miscellaneous.

These Terms of Use and the relationship between you and us shall be governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate state or federal court sitting in Norfolk City, Virginia, and you agree to submit to the personal and exclusive jurisdiction of such courts. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use by us must be made in writing and signed by an authorized representative of us specifically referencing these Terms of Use and the provision to be waived. Headings used in these Terms of Use are for convenience only and are not to be relied upon. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, such invalidity shall not affect the other provisions of the Terms of Service, which shall remain in full force and effect. These Terms of Use will inure to the benefit of, and are intended to be enforceable by, our successors, assigns and licensees. 

15. Updates and Effective Date

We reserve the right to change these Terms of Use from time to time as we deem appropriate. Such changes, modifications, additions or deletions will be effective immediately upon their posting on the website retailalliance.com unless otherwise indicated, pursuant to the collection of your valid consent.  If you object to any of the changes we make, your choice is to stop using our Sites. Our Sites may change, and we may restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time.