Consumer Terms and Conditions

1. Overview

The Retail Equation, Inc. (“TRE”) provides the website theretailequation.com that links to or references these Consumer Terms and Conditions (including all content and functionality available through theretailequation.com and related domain names, “theretailequation.com”) to you (“You” or “Your”) subject to these Consumer Terms and Conditions (“Terms”) and subject to TRE’s other policies, including our Privacy Policy, incorporated herein by reference. These Terms require that disputes between us be resolved by binding arbitration rather than by jury trials or class actions and limit your remedies in the event of a dispute.

You accept these Terms by accessing or using theretailequation.com in any manner. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. You also represent and warrant that You (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

TRE may change these Terms at any time, including by adding new provisions or removing existing provisions, except as otherwise provided in these Terms. The most current version of these Terms can be accessed at https://www.theretailequation.com/terms-and-conditions . By continuing to access or use theretailequation.com, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE THERETAILEQUATION.COM

References to “TRE,” “You,” “we,” and “us” in these terms include (where appropriate) our agents, service providers, employees, predecessors in interest, successors, and assigns, as well as all authorized or beneficiaries of services provided by TRE.

TRE is not a consumer reporting agency. Information provided by theretailequation.com is not a consumer report.

2. License to Use Theretailequation.com

a) TRE grants You a personal, non-exclusive, non-transferable, limited and revocable license to use theretailequation.com subject to the Terms. You may use theretailequation.com and information acquired from theretailequation.com for personal use only, provided that such personal use is not to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act (as further described herein) and is all times for lawful purposes. You may not use theretailequation.com in a manner that exceeds the rights granted for Your use.

b) Other than connecting to theretailequation.com by http request using a web browser, You may not attempt to access TRE’s servers or theretailequation.com by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the TRE’s servers or theretailequation.com.

c) You agree not to disrupt, modify or interfere with theretailequation.com, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of theretailequation.com. You further agree not to alter or tamper with any information or materials on or associated with theretailequation.com.

d) You may not use theretailequation.com or any information acquired from theretailequation.com:

i) to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You access theretailequation.com;

ii) to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment or volunteering purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b) (the “FCRA”), Federal Trade Commission or court interpretations of the FCRA, or similar state statutes; or

iii) in any manner that may violate any local, state, federal, or international privacy law to which You may be subject on the basis of Your location. You agree not to search for, or submit to TRE, information relating to persons other than Yourself.

3.  Information Available Through TheRetailEquation.com

a) TRE stores transaction data from its retail customers on behalf of the retailers. TRE does not comingle data from retailers and does not verify the data. While we endeavor to provide you with the most up to date and accurate information, TRE does not evaluate each piece of information provided and makes no guarantees to consumers about the accuracy of any information or how recently any information was collected or updated. As a user of theretailequation.com, You agree that there are no warranties or guarantees whatsoever regarding the information provided.

b) TRE does not own or control the data it holds on behalf of retailers. As such, any requests for deletion or correction will be provided to that individual retailer for consideration.

4. Privacy Policy

a) TRE maintains a Privacy Policy describing its collection, retention, and use of information about consumers. This policy can be accessed at https://www.theretailequation.com/privacy-policies , and is incorporated herein by reference.

5. Retailer Return Policies

a) While TRE may recommend to the retailer to deny or warn a customer attempting to make a return, the decision to deny or warn such customer rests exclusively with the retailer. You acknowledge and agree that TRE has no responsibility or liability (directly or indirectly) for a retailer’s decision to deny a return or a retailer’s violation of its Return Policy.

6. Notification

a) Any notices to be given to TRE under these Terms shall be made in writing to jmatthes@appriss.com or to the following address:

Appriss Inc.
9901 Linn Station Road, Ste. 500
Louisville, KY 40223
Attn: General Counsel

b) You agree that TRE can send You electronic notices to any e-mail address that You provide to TRE or by displaying the notice on theretailequation.com. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

7. Warranty

TRE MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:

i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THERETAILEQUATION.COM, THE SERVICES, THE INFORMATION, OR THE CONTENT;

ii) THAT THERETAILEQUATION.COM, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS; OR

iii) THAT ANY ERRORS ON THERETAILEQUATION.COM WILL BE CORRECTED.

8. Limitation of Liability

a) To the extent permitted by law, TRE shall have no liability, relating to Your use of (or connection to) theretailequation.com, for:

i) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such;

ii) loss of business, profits, business information, or business interruption, or any other pecuniary loss; or

iii) for direct damages, actually proven, exceeding $1,000.00 USD. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

b) TRE reserves the right, at any time, in TRE’s sole and exclusive discretion, to amend, modify, suspend, or terminate theretailequation.com, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. TRE shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

9. Indemnification

a) You agree to defend, indemnify, and hold TRE and each of the respective retailers, and each of their officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of theretailequation.com.

b) TRE reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify TRE. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from TRE.

10. Choice of Law

a) If You are a citizen or resident of the United States, the law of the state of Your residence governs this contract and any claim or dispute that You may have against us, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law. If You are a citizen or resident of another country, the law of the Commonwealth of Kentucky, USA shall apply.

b) The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

11. Agreement to Arbitrate

Please read this carefully. It affects your rights.

a) Disputes Subject to Arbitration. TRE and You agree to arbitrate all disputes and claims between us, including, but not limited to:

Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that it seeks relief that does not affect other customers.

Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (12)(e) below, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.

(b) Starting the Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to TRE should be addressed to: General Counsel, Appriss Inc., 9901 Linn Station Road, Ste. 500, Louisville, KY 40223 (“Notice Address”). The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). If TRE and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, You or TRE may commence an arbitration proceeding with the American Arbitration Association (“AAA”).

(c) Costs of Arbitration. TRE will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules. The filing fee currently is $125 for claims for up to $10,000 in damages, but is subject to change by the AAA. However, if you initiate an arbitration in accordance with the notice requirements of paragraph (12)(b) and are seeking relief valued at $300 or less (both to You and us), TRE will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, TRE will pay all such fees in excess of $20. After TRE receives notice at the Notice Address that You have commenced such an arbitration, TRE will promptly reimburse you for any portion of the filing fee that you paid that TRE has agreed to pay.

If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse us for any amounts we have paid on Your behalf to the AAA.

(d) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects.

Unless TRE and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your residence at the time of the filing of the Demand. If you bring a claim for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.

Unless the parties agree otherwise, You and we must bring all directly related claims in a single arbitration proceeding. If You or we later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws TRE may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, TRE agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

(e) Prohibition of Class or Representative Actions and Non-Individualized Relief. YOU AND TRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and TRE agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other TRE users. Neither You nor we may seek non-individualized relief that would affect other TRE users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(f) Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, we agree that if TRE makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.

12. Third Party Rights

The provisions of Paragraphs 9 (Limitation of Liability), 10 (Indemnification), and 12 (Agreement to Arbitrate) are for the benefit of TRE and its officers, directors, employees, agents, suppliers, and retail customers. Each of these individuals shall have the right to assert and enforce those provisions directly against you on its own behalf.

13. Entire Agreement

a) These Terms and any TRE policies posted on theretailequation.com constitute the entire contract between You and TRE and supersede all previous written or oral contracts. Except as provided in paragraph (12)(e), if any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce any term of the Terms shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

Last Updated: April 13, 2020