Conditions Of Sale

By participating in the POS.com Directory (“Directory”), the person or entity named in the Directory (“the Service Provider”) agrees to the following Terms and Conditions. These Terms and Conditions, together with the Directory, comprise the entire agreement (“Agreement”) between the Service Provider and POS Ventures, LLC. (“POS.com”).

 

1. POS Directory

 

1.1 POS Directory Database. POS.com authorizes the inclusion of service providers in its Directory Database, accessible to POS.com users through POS.com, its world wide web site (“the Web Site”), in accordance with these Terms and Conditions. By participating in the Directory, the Service Provider requests that POS.com include information about the Service Provider (a “Profile”) in its Directory Database. POS.com reserves the right to refuse any such request or to cancel any Profile for failure to fulfill the obligations set forth in these Terms and Conditions. POS.com will be bound by these Terms and Conditions only if it agrees to include the Profile in its Directory Database and in fact includes the Profile. If POS.com does not include the Profile, it will refund any outstanding balance the Service Provider previously paid for such Profile.

 

1.2 Profile Contents. The Profile will consist of the information provided to POS.com on the Directory. The Company agrees to provide true, accurate, current, and complete information about the company’s business as prompted in the registration process. Failure to provide such information will result in POS.com denying, suspending, or terminating the Company’s Service. POS.com reserves the right to check all public records with regards to the Company as part of our application process. In addition, by accepting these terms and conditions, the Company is authorizing POS.com to contact any and all credit reporting services for credit verification. In the event that negative information is found regarding the Company through our searches, POS.com reserves the right to reject the Company’s application to be a recipient in our lead generation program.

 

By participating in the POS.com Directory, the Service Provider grants permission for POS.com to electronically display the Service Provider’s Profile to individuals who visit POS.com, matched to the Service Provider and for whom the Service Provider is sent the lead. The Service Provider will maintain and update any changes in factual information or links contained in the Directory. Requested changes to the Directory can be subject to approval by POS.com. POS.com reserves the right to change the style, form, content and appearance of the Web Site at any time.

 

1.3 Directory Service. After enrolling the Profile in the POS Directory Database, the Company may access its Directory Profile Management Tool on the Web Site and complete the marketing profile information that is part of the POS.com Directory Service. The Profile the Company provides will be displayed to individuals researching point of sale systems who match to the Company and for whom the Company is sent a lead. The Company has the option to opt-out of having a Profile, with the exception of the Company name and Company contact, which will always be displayed in accordance with these Terms and Conditions. POS.com reserves the right to independently review and approve the Profile and reserves the right to refuse any Profile request or to cancel any Profile for any reason at any time. POS.com will be bound by these Terms and Conditions only if it agrees to publish the Profile and in fact electronically publishes the Profile.

 

The Service Provider will have access the POS.com Profile Management System for updates and changes in factual information contained in the Directory. The Directory and any changes thereto can be subject to approval by POS.com.

 

1.4 Use of POS.com Name and Logo. The Service Provider is permitted to use the POS.com name only for purposes of identifying to the customer where inquiry originated. The Service Provider has no right to use the POS.com name, logo, or other intellectual property for any other purpose. The Service Provider will not say anything to the customer or any third party to suggest that it is acting on behalf of POS.com or that POS.com has approved of or endorsed its products or services.

 

2. Account Password and Security

 

In order to access their account information online, the Service Provider will select a sign in e-mail and password. The Service Provider will be responsible for maintaining the confidentiality of the user name and password, and will be fully responsible for all activities that occur under the user name and password. The Service Provider agrees to immediately notify POS.com of any unauthorized use of the user name or password or any other breach of security. POS.com cannot and will not be liable for any loss or damage arising from Service Provider’s failure to comply with this section.

 

3. Term

 

The effective date of this agreement is the date of activation of the Service Provider’s POS.com account. POS.com may terminate this Agreement at any time. The Service Provider may terminate this Agreement at any time after thirty (30) days from the effective date of this Agreement by providing prior written notice of intent to terminate to POS.com at sales@POS.com. Within three (3) business days of receipt of such notice, POS.com will close the Service Provider’s account, will charge the Service Provider’s credit card for any outstanding Fees (if applicable), and will send the Service Provider a final statement. Any requests for credits pursuant to paragraph 2.2 of this Agreement must be submitted within one (1) business day of the Service Provider’s notice of intent to terminate.

 

4. Representations and Warranties The Service Provider represents and warrants that: (1) all of the information provided to POS.com is truthful and not misleading, fraudulent, defamatory, libelous, threatening, harassing, or obscene; (2) the Service Provider is authorized to provide the services and products set forth in LMS; (3) the Service Provider has the right to use each copyright, trademark, trade name, service mark, graphic, photograph, or any other intellectual property in the way it is used under this Agreement; and (4) any advertising copy and any linked advertising comply with all applicable laws and regulations.

 

5. Indemnification The Service Provider agrees to pay any damages or expenses incurred by POS.com, including all attorneys’ fees and expenses, resulting from claims brought by other parties regarding the inclusion of the Entry, or as a result of a breach of these Terms and Conditions. This provision shall survive the Term of this Agreement.

 

6. Disclaimers

 

6.1 Warranties. POS.com makes no express or implied warranties, representations, or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to the Web Site, any merchandise, information, or services provided through the Web Site, or the accuracy or results obtained from the use of any information or services provided through the Web Site.

 

6.2 POS.com is a Conduit. POS.com is not involved in any actual transactions between buyers and suppliers through the POS.com Lead programs. Thus, POS.com has no control over the ability of buyers to purchase items or qualify for leases and other forms of credit. POS.com cannot and does not control whether or not buyers will complete the purchase of items for which they have requested demos, information, proposals or quotes. Because user authentication on the Internet is difficult, POS.com cannot and does not guarantee that each buyer or Service Provider is who they profess or claim to be. Buyers and Service Providers will be able to communicate directly with each other before any transaction is complete. In the event the Service Provider has a dispute with one or more buyers, the Service Provider releases POS.com and its agents and employees from any claims, demands, and/or damages arising out of or in any way connected with that dispute.

 

7. Limitation of Liability

 

IN NO EVENT WILL POS.COM OR ITS AGENTS BE LIABLE FOR ANY DAMAGES CAUSED BY ANY ON-LINE SERVICE, PRODUCT, OR SERVICE PROVIDED BY SERVICE PROVIDER TO A BUYER, TRANSMISSION, COMMUNICATIONS, OR COMPUTER SYSTEM FAILURE. IN NO EVENT WILL POS.COM OR ITS AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR DATA OR THE COST OF OTHER FORMS OF ADVERTISING. IN NO EVENT WILL THE TOTAL LIABILITY OF POS.COM EXCEED THE AMOUNT OF FEES PAID UNDER THIS AGREEMENT FOR THE PRIOR TWELVE (12) MONTH PERIOD.

 

8. Miscellaneous

 

POS.com does not approve of, or endorse, any product or service by electronically publishing the Directory. POS.com may publish Profiles for any other person at any time, except as expressly set forth in the POS.com Directory. POS.com reserves the right to change the style, form, content and appearance of the Web Site at any time. The Service Provider and POS.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. These Terms and Conditions shall be governed by and interpreted according to the laws of the Commonwealth of Delaware. If any provision of this Agreement shall be declared void or unenforceable by any judicial or administrative authority, the validity of any other provisions and of the entire Agreement shall not be affected thereby. No waiver of any default in performance of this Agreement by either party, or waiver of any breach or a series of breaches of any of the terms, covenants or conditions of this Agreement shall constitute a waiver of any subsequent breach or a waiver of such terms, covenants or conditions. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. These Terms and Conditions, POS Directory, and the Lead Management System describe the entire Agreement between POS.com and the Service Provider and supersede any other verbal or written agreements regarding the subject matter of this Agreement. This Agreement shall survive any change in ownership on the part of the Service Provider.

 

Still have questions? Contact our Customer Care department at (212) 257-6333