IMPORTANT LEGAL NOTICE ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME WWW. RPS-GLOBAL.COM ("RETAIL PERFORMACE SPECIALISTS WEBSITE") AND TO ALL CORRESPONDENCE BETWEEN YOU AND RETAIL PERFORMACE SPECIALISTS (RPS). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE RPS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY RETAIL PERFORMACE SPECIALISTS LIMITED ("RPS"). Introduction 1.1 You will be able to access most areas of RPS Website without registering your details with us. Certain areas of RPS Website may be restricted to users who register with RPS. 1.2 By accessing any part of RPS Website, you are deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave RPS' website immediately. 1.3 RPS may revise this legal notice at any time by updating this posting. You should check RPS Website from time to time to review the then current legal notice, because it is binding on you. 1.4 Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at RPS Website. 1.5 References in these terms to "you" include the individual user, the company or business that that user represents and each other employee of that company or business. Licence 2.1 Subject to the limitations on liability in paragraph 7, you are permitted to print and download extracts from RPS Website subject to the following conditions (which we may vary on written application): 2.1.1 nothing that you download may be modified in any way; 2.1.2 no graphics on RPS Website are used separately from accompanying text; and 2.1.3 RPS', '© 2004 Retail Performance Specialists’, and this permission notice appear in all copies that you disseminate.     2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on RPS Website (including without limitation photographs and graphical images) are owned by RPS or its licensors. 2.3 Use of extracts from RPS' website, other than in accordance with paragraph 2.1, is prohibited. If you breach any of the terms in this legal notice, your permission to use RPS Website automatically terminates and you must immediately destroy any downloaded or printed extracts from RPS Website. 2.4 Subject to paragraph 2.1, no part of RPS Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without RPS' prior written permission. 2.5 All rights not expressly granted in these terms are reserved. 2.6 If you use any content from RPS' web site in breach of the terms of these conditions for publicity or for financial gain, you will on demand (a) notify us of the classes of persons to whom the content was promoted (including persons who may reasonably be expected to have seen the content, such as your registered users and existing client base) and, subject to compliance with privacy laws, their personal details and at RPS’ request but your expense, directly notify all those persons of RPS’ interest in the relevant content and give an account, in such form as RPS reasonably requires of the services offered by RPS) and (b) account to us for all proceeds received as a result of use of the content. Service access, system failure and viruses 3.1 While RPS endeavours to ensure that RPS’ website is normally available 24 hours a day, RPS will not be liable if for any reason RPS Website is unavailable at any time or for any period. 3.2 Access to RPS Website may be suspended temporarily and without notice in the case of system failure, update, maintenance or repair or for reasons beyond RPS’ control. 3.3 RPS shall have no liability for system failure or non-operation of RPS Website. 3.4 You waive all rights in respect of the operation of any computer code or other downloaded from RPS’ website or otherwise introduced as a result of using RPS’ website and agree to hold RPS harmless in respect of any damage resulting from your use of RPS’ website. Visitor material and conduct 4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit to us will be considered non-confidential and non-proprietary. RPS will have no obligations with respect to any material you submit to us. RPS will be free to copy, disclose, distribute, incorporate and otherwise use all material that you submit for any commercial or non-commercial purposes. 4.2 You may not misuse RPS Website (including, without limitation, by hacking or linking to it inappropriately) 4.3 You will not make disparaging remarks about RPS. Links to and from other websites 5.1 Links to third party websites on RPS Website are provided solely for your convenience. If you use these links, you leave RPS Website. RPS has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. RPS therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to RPS Website, you do so entirely at your own risk. 5.2 If you would like to link to RPS Website, you may only do so on the basis that you link to, but do not replicate, the home page of RPS Website, and subject to the following conditions: 5.2.1 you do not remove, distort or otherwise alter the size or appearance of logos used by RPS; 5.2.2 you do not create a frame or any other browser or border environment around RPS Website; 5.2.3 you do not in any way imply that RPS is endorsing any products or services other than its own; 5.2.4 you do not misrepresent your relationship with RPS nor present any other false information about RPS; 5.2.5 you do not otherwise use any of RPS trade marks displayed on RPS Website without express written permission from RPS; 5.2.6 you do not link from a website that is not owned by you; and 5.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. Registration 6.1 Each registration is for a single user only. RPS does not permit you to share your user name and password with any other person nor with multiple users on a network. 6.2 Responsibility for the security of any passwords issued rests with you. Disclaimer 7.1 RPS, any other party (whether or not involved in creating, producing, maintaining or delivering RPS Website), and any of RPS’ group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with RPS Website in any way or in connection with the use, inability to use or the results of use of RPS Website, any websites linked to RPS Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing RPS Website or your downloading of any material from RPS Website or any websites linked to RPS Website. 7.2 While RPS endeavours to ensure that the information on RPS Website is correct, RPS neither represents nor warrants the accuracy, completeness or provenance of the material on RPS Website. RPS may make changes to the material on RPS’ website, or to the products and prices described in it, at any time without notice. 7.3 The material on RPS’ website may be out of date, and RPS makes no commitment to update such material. 7.4 To the maximum extent permitted by law, RPS pemits you to access RPS Website and grants the permissions referred to in paragraphs 2.1 and 5.2 on the basis that RPS excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to RPS Website. Remedy for your breach 8.1 RPS expressly reserves the right to revoke the rights granted in paragraphs 2.1 and 5.2 for breach of these terms and to take any action it deems appropriate. 8.2 You shall fully indemnify RPS for any loss or damage suffered by RPS or any of its group companies for breach of any provision of these terms. 8.3 Nothing in this legal notice shall exclude or limit RPS’ liability for (i) death or personal injury caused by negligence (as that term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter which is expressly stated may be relied on; or (iv) any liability which cannot be excluded or limited under applicable law. 8.4 If your use of material on RPS Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs of undertaking that work. Governing law and jurisdiction This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.