Terms and Conditions of Service for IndependentRetailer.com
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING Sumner Communications, Inc.’s website (the “Site”). By using the Site, accessing or using any content available within the Site you agree to be bound by the following Terms and Conditions of Service (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, you may not use this Site. Your use of this Site signifies your acceptance of these Terms and Conditions. All reference to “Sumner,” “we,” “our,” and “us” in these Terms and Conditions refer to Sumner Communications, Inc. For information on how we use and protect the information you may provide through use of the Site, please read our Privacy Guide at https://independentretailer.com/privacy-policy.
Sumner may, in its sole discretion and at any time and for any reason, change these Terms and Conditions or any policies or guidelines. You are responsible for reviewing the notice and applicable changes. Your continued use of the Site, after changes or modifications are posted, constitutes your acceptance of such changes. If you do not agree with the changes to these Terms and Conditions, do not use the Site.
Use of the Site is limited to parties that can lawfully enter into and form contracts. You represent and warrant that you are 18 years old or older or of the age of majority in the location where you preside. All information you provide is true, accurate, current and complete.
Unless otherwise specified, the materials on our Site are directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Site. Sumner in no way implies that the information, opinions, advice or other content on the Site is appropriate or that its products and services are available outside of the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
By visiting the Site or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt-out of receiving electronic communications from us you may do so by using the unsubscribe function at the bottom of our communications.
You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms and Conditions. By way of example, and not as a limitation, you agree that when using the Site, you will not:
- Restrict or inhibit any other user from using and enjoying the Site;
- Download information posted by a third party, knowing or reasonably knowing it is illegal in any nature;
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- Post or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
- Use the Site for any illegal or unauthorized purpose;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- Use any device to retrieve any portion of the Site or collect information about users for any unauthorized purpose;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
- Post any materials that violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right.
You are responsible for any content you post on the Site. You agree that Sumner shall decide, in its discretion, if your conduct violates any aspect of these Terms and Conditions and that Sumner may take whatever action it deems appropriate to address such violation including without limitation notification of appropriate authorities and, suspension and/or removal of your access to the Site and/or any Sumner products or services.
Intellectual Property Rights
This Site, including but not limited to the trademarks, service marks, trade names, and trade dress on and copyrights to the content of this Site are the property of Sumner or its content suppliers and protected by United States and international laws. Nothing in this Site grants to you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Site without prior written permission of Sumner. No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download copies of the materials for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Sumner’s copyright and other proprietary rights. The use of any such material on any other Site or computer network without Sumner’s written consent is strictly prohibited.
We welcome any comments you may have regarding the Site, its products and services. We also welcome your interaction with the Site through the submission of other appropriate content. Any such comments or content you submit to us through the Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains the exclusive property of Sumner, even if these Terms and Conditions or any other agreement you have entered into with us is later terminated or amended. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright.
You may terminate these Terms and Conditions at any time by discontinuing your use of the Site at any time. You do not need to specifically inform Sumner when you stop using the Site. Without limiting other remedies, Sumner may, in its sole discretion, at any time and for any reason, including a period of account inactivity or violation of these Terms and Conditions limit, suspend or terminate your user account, if you have one, access to or use of the Site and take technical and legal steps to keep you from using our Site and its services, if we believe there are problems, possible legal liabilities, or infringement of third party intellectual property associated with your use.
Sumner expressly disclaims any responsibility or liability for any damage, loss, or injury you incur caused by a company or merchant included on the Site, listed in our directory, using our shopping cart system or otherwise linked on any pages in our domains arising out of:
- The activities of any of the companies;
- The goods or services offered or the content displayed by any of the companies; or
- Your purchase of or inability to purchase goods or services from any company.
Please note that various goods or services offered by companies listed on the Site may be prohibited in your area. If you have any questions or complaints about the goods or services you buy from a company or merchant you found on the Site please contact the company or merchant directly and not Sumner. Sumner merely provides links to wholesale suppliers and services. We are not involved in the transactions that occur between buyers and sellers who use our service, nor are we the agent of the company, merchant, or you for any purpose.
Limitation of Liability
Sumner does not make any express or implied warranties about the information contained in this Site for your particular use. You agree that your use of the Site is at your sole risk. Sumner disclaims all liability for damages of any kind arising out of use, reference to, or reliance on information found on its Site to the full extent provided by state and federal law. ALL INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. FURTHER, SUMNER DISCLAIMS ANY WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ACKNOWLEDGE THAT PRODUCTS THAT MAY BE DISPLAYED ON THIS SITE OR THROUGH A LINK ARE SOLD BY THIRD PARTY MERCHANTS, NOT BY SUMNER. YOU ACKNOWLEDGE AND AGREE THAT SUMNER IS NOT RESPONSIBLE OR LIABLE FOR THE AVAILABILITY OR ACCURACY OF SUCH THIRD PARTY WEBSITES,OR FOR THE CONTENT, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH SUCH WEBSITES. SUMNER DOES NOT GUARANTEE THE ACCURACY OF SUCH CONTENT, AND WILL NOT ASSUME ANY LIABILITY FOR YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES BY THIRD PARTIES. IF YOU HAVE A DISPUTE WITH A THIRD PARTY MERCHANT IN CONNECTION WITH USE OF THE SITE, YOU RELEASE SUMNER, AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AND AGENTS FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH SUCH DISPUTES. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOUR USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL SUMNER OR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES, HOWEVER CAUSED AND WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, OR ANY INFORMATION CONTAINED IN THE SITE.
If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Site infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such information should be sent to email@example.com. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you have had your content removed under the above take-down procedure, and believe that the content is not infringing, you may send a counter-notice containing the following information to firstname.lastname@example.org:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Connecticut, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Sumner, Sumner may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Sumner’s sole discretion.
The Terms and Conditions constitute the entire agreement between you and Sumner and govern your use of the Site. You may have entered into other agreements with Sumner. Those agreements are in addition to these Terms and Conditions. These Terms and Conditions do not modify, revise or amend the terms of any other agreements you may have with Sumner.
Choice of Law
The Terms and Conditions and any dispute arising under or related to these Terms and Conditions (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of Connecticut without regard to its conflict of law provisions. You and Sumner agree to submit to the personal and exclusive jurisdiction of the courts located in Connecticut, and You and Sumner further agree that, in the event that there is any claim, dispute, or other matter in question arising out of or relating to these Terms and Conditions, the enforcement of any provisions therein, or breach of any provisions thereof, it shall be submitted to and adjudicated by the Federal, state or local courts, as appropriate, in the State of Connecticut. You acknowledge that monetary damages for improper use of these Terms and Conditions or other breach of these Terms and Conditions may be inadequate, therefore, Sumner is entitled to seek equitable relief, including injunctive relief against you, in addition to all other remedies.
Waiver and Severability of Terms and Conditions
The failure of Sumner to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 these Terms and Conditions remain in full force and effect.
This document was last updated on April 7, 2022.