TERMS AND CONDITIONS OF USE
IdeaScale Corporation ("IdeaScale") owns and operates the Internet site located at http://ideascale.com and blog and discussion boards on IdeaScale.com (collectively, the "Site"), located on servers in the United States. Sheetz, Inc. (Sheetz) is a retailer which operates convenience stores in the United States and is collecting Ideas through the use of http://ideascale.com. By accessing, browsing and/or using the pages in this Site, you agree to these terms and conditions ("Terms and Conditions"). THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. If you do not agree to these Terms and Conditions, do not access, browse or use this Site.
GRANT AND RESTRICTIONS ON USE
The materials published on this Site, and any other World Wide Web site owned, operated, licensed, or controlled by IdeaScale or any of its related, affiliated or subsidiary companies (collectively the "Materials") may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by IdeaScale or any of its relevant related, affiliated or subsidiary company or companies, as the case may be. IdeaScale hereby grants you a limited license to use the Materials, features and services provided by IdeaScale on this Site, solely for your personal, non-commercial use, to post any idea ("Idea"), comment or other material, subject to these Terms and Conditions. All of the Materials available on this Site are proprietary and the subject of copyright and author's rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property right.
ACCEPTABLE USE POLICY
You are prohibited from transmitting any "sensitive" personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters ("Sensitive Personal Information"). You are also prohibited: (i) from using the Site to send or post harassing, abusive, or threatening messages; (ii) transmit through the Web Site any information, data, text, files, links, software, or other materials that IdeaScale or Sheetz considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our partners, customers or suppliers; (iii) from attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of the Site, including any dialogue on the Site or otherwise act in a manner that negatively affects other participants; (v) from sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming; (viii) posting Submissions or using the Site in such a way that damages the image or rights of IdeaScale, other Users or third parties; and (ix) from creating any frames at any other Sites pertaining to any portions of this Site.
Your Submission, including any personally identifiable information, is voluntary and subject to the Privacy Policies. You are responsible for the content of the Submission and agree to defend (at IdeaScale's and Sheetz’ individual options and at your sole expense), indemnify and hold IdeaScale and Sheetz harmless from any damages, losses, costs, or expenses, including attorneys' fees, which either company may incur as a result of your Submission. If you are viewing this Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Submissions. IdeaScale and Sheetz retain the right to review, edit, or delete from this Site any Submission which IdeaScale or Sheetz in either entities’ sole discretion considers illegal, offensive, or otherwise inappropriate.
SUBMISSIONS OF IDEAS
The submission of your Idea to Sheetz through http://ideascale.com is entirely voluntary, non-confidential, gratuitous, and non-committal. You grant to Sheetz and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty free license to use any ideas, expression of ideas or other materials you submit (collectively, "Idea") to Sheetz through ideascale.com without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Idea, and all rights therein, in the name of Sheetz, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You understand that Sheetz may be working on the same or a similar Idea, that it may already know of such Idea from other sources, that it may simply wish to develop this (or a similar Idea) on its own or it may have taken/will take some other action. In return for Sheetz’ review and consideration of your Idea, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as Sheetz otherwise agrees in writing:
- To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to Sheetz and in doing so you represent that Sheetz may freely review and/or use of the Idea without the infringement upon any other individual's or entity's rights.
- You understand that disclosure of your Idea to Sheetz does not establish a confidential relationship or obligate Sheetz to treat the Idea (or any related materials) as secret or confidential.
- You understand that Sheetz has no obligation, either express or implied, to develop or use your idea and that no compensation is due to you or anyone else, now or in the future, for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that Sheetz assumes no obligation with respect to any Idea unless and until Sheetz enters into a written contract with you, and then only as expressed in that contract. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. If you have secured a patent or other protection, in the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.
- If your Idea is the subject of a pending or issued patent or other protection, you have disclosed or will disclose that fact to Sheetz immediately upon submission. To the extent you hold a patent in the Idea, Sheetz acknowledges that no license under any patent is herein granted to Sheetz. Any license to use a patented Idea shall be in the form of a written contract, in which event Sheetz’ obligations shall be only those expressed in such contract.
- Sheetz will give your Idea such consideration as is warranted by its sole judgment. Sheetz’ review of your Idea shall not be construed as any recognition of the novelty or originality of the Idea. Sheetz is not obligated to give reasons for rejecting your Idea or to reveal Sheetz’ activities that are related to the subject matter of the submitted Idea.
- Neither the discussion or negotiations between Sheetz and you relating to the possible purchase or license of the Idea, nor the making of any offer for the purchase or license of the Idea, shall prejudice Sheetz in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Idea. Further, Sheetz’ consideration or its discussions or negotiations with you will not in any way impair Sheetz’ right to contest the validity or infringement of your rights.
- You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of this Agreement, (b) the submission of my Idea to Sheetz is entirely voluntary, and (c) Sheetz, directly or indirectly, may (i) be working on the same Idea or a similar Idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or as similar to the Idea on its own.
- You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and Sheetz, you hereby irrevocably release and forever discharge Sheetz and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Sheetz and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how Sheetz and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
ACCESS TO SITE
IdeaScale and Sheetz reserves the right to review your Submissions in order to ensure compliance with these Terms and Conditions and the Privacy Policies. Sheetz reserves the right to deny or revoke access to this Site, or any part thereof, at any time in its sole discretion, with or without cause. Your access to this Site will terminate upon the termination of these Terms and Conditions for any reason. While IdeaScale endeavors to ensure that this Site is available at all times, neither Sheetz nor IdeaScale shall not be liable if, for any reason, this Site is unavailable at any time or for any period.
THE MATERIALS AND INFORMATION ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. IDEASCALE OR SHEETZ MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS, INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IDEASCALE AND SHEETZ PROVIDES THIS SITE ON THE BASIS THAT THE COMPANIES BOTH EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT FOR THESE TERMS AND CONDITIONS MIGHT HAVE EFFECT IN RELATION TO THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IDEASCALE, SHEETZ, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AND AGENTS OF THEREOF 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 DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITE LINKED TO THE SITE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT IDEASCALE'S OR SHEETZ’ LIABILITY FOR (I) FRAUD; WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; (II) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR (III) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
IdeaScale and the IdeaScale logo are registered trademarks of IdeaScale, LLC in the United States. Sheetz and the Sheetz logos are registered trademarks of Sheetz, Inc. in the United States. All other IdeaScale trademarks, service marks, domain names, logos, and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of IdeaScale, LLC or its affiliates or licensors. All other Sheetz trademarks, service marks, domain names, logos, and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Sheetz, Inc. or its affiliates or licensors. In countries where any of the IdeaScale or Sheetz trademarks, service marks, domain names, logos and company names are not registered, IdeaScale, LLC claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of IdeaScale, Sheetz, or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name.
JURISDICTION; COMPLIANCE WITH LAWS
Access to and use of this Site and these Terms and Conditions are governed by U. S. federal law and/or the laws of the Commonwealth of Pennsylvania, U.S.A. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE OR THESE TERMS AND CONDITIONS SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE WESTERN DISTRICT OF THE COMMONWEALTH OF PENNSYLVANIA, U.S.A. YOU, SHEETZ, AND IdeaScale AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms and Conditions will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party's right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
MODIFICATIONS TO TERMS AND CONDITIONS
Sheetz can revise these Terms and Conditions at any time by modifying or updating this posting, except where other notice or consent is required by law. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated. These Terms and Conditions were last revised on April 18, 2013.