POS Highway Policies, Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY. BY ACCEPTING DELIVERY OF THE PRODUCTS, STATEMENT OF WORK OR OTHER DATANET SYSTEMS, INC., D/B/A POS HIGHWAY (HEREINAFTER REFERRED TO AS “SELLER”) DOCUMENTATION TO PROVIDE PRODUCT OR PERFORM OR PROCURE ANY SERVICES, CUSTOMER HEREBY AGREES TO BE BOUND BY, AND ACCEPTS, THESE TERMS AND CONDITIONS.
ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON THE WEBSITE DO NOT CONSTITUTE PART OF THIS AGREEMENT.
A. Copyright and Trademark Notice
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of POS Highway and DataNet Systems, Inc., Copyright © 2012, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders, and to personalize your shopping experience.
Our secure servers protect your information using advanced encryption and firewall technology.
To keep you informed about our latest offers, we may notify you of current promotions, specials, and new additions to the POS Highway store website. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.
When entering any of our contests or prize drawings, you provide your name, email address, and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the POS Highway store website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
We use “cookies” to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
C. Privacy on Other Web Sites
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such site.
E. Payment Terms
We accept the following credit cards: Visa, MasterCard, American Express and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order.
If purchasing hardware, software, services, or supplies, the customer is responsible for payment in full at the time the order is placed. Charges on the customer’s credit card statement will reflect POS Highway.
Orders are not binding until accepted by SELLER. The Customer agrees to pay the total purchase price for the Products, plus shipping (to the extent shipping is not prepaid by Customer), including shipping charges that are billed to SELLER as a result of using Customer’s carrier account number. Terms of payment are within the SELLER’s sole discretion. In connection with Services being performed pursuant to a Statement of Work, Customer will pay for the Services in the amounts and in accordance with any payment schedule set forth in the applicable Statement of Work. If no payment schedule is provided, Customer will pay for the Services as invoiced by SELLER. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by SELLER. SELLER may issue an invoice to the Customer. SELLER may invoice Customer separately for partial shipments, and SELLER may invoice Customer for all of the Services described in a Statement of Work or any portion thereof. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay for, and will indemnify and hold SELLER and its Affiliates harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work, the Products or the Services. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide SELLER with the necessary supporting documentation. In the event of a payment default, the Customer will be responsible for all of SELLER’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees. In addition, if payments are not received as described above, SELLER reserves the right to suspend Services until payment is received.
Except as otherwise specified on an applicable Statement of Work, Customer will reimburse SELLER for all reasonable out-of-pocket expenses incurred by SELLER in connection with the performance of the Services, including, but not limited to, travel and lodging.
F. Order Acceptance Policy
Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. POS Highway reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
These Terms and Conditions (hereinafter referred to as the “Agreement”) constitute a binding contract between Customer and SELLER. Customer accepts these Terms and Conditions by making a purchase from, or by placing an order with, SELLER or, by shopping on POSHighway.com (the “Site”) or, by otherwise requesting products (the “Products”) or engaging SELLER to perform or procure any Services (as this and all capitalized terms are defined herein). This Agreement is subject to change, anytime, without any prior notice, except that the Terms and Conditions posted on our website at the time Customer places an order or signs a purchase Invoice with a “Statement of Work” will govern the order in question, unless otherwise agreed to in writing by SELLER and Customer.
Customer consents to receive electronic records, which may be provided via a Web browser or e-mail application connected to the Internet. Individual consumers may withdraw consent to receive electronic records or have the record provided in non-electronic form by contacting SELLER. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents. Customer may issue a purchase order for its own administrative purposes only. Additional or different terms and conditions contained in any such purchase order, however, will be null and void.
Entire Agreement: This Agreement contains the entire understanding of the parties with respect to the matters contained herein, and supersedes and replaces, in its entirety, any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof. No course of prior dealings between the parties and no usage of trade will be relevant in determining the meaning of this Agreement.
G. Order and Shipping Policy
Orders are processed by the Fulfillment Department within 48 hours of receipt except for weekends and major holidays. Orders received on these days will be processed the next business day.. The typical expected delivery timeframe of a Bundled POS System or a “Build Your POS System” is 7 to14 days. Ground shipping is the general method of shipment (3 to 7 days). The shipping method cannot be changed once in the possession of the carrier. SELLER and/or its affiliates will arrange to ship, crating, and packaging. SELLER neither accepts responsibility for the carrier’s performance nor accepts any responsibility for damages caused to the merchandise after it leaves SELLER’s office or warehouse location. If damage occurs en route to Customer, SELLER will aid with handling the damage claim with the shipper; however, the Customer will be responsible for filing a damage claim with the carrier. Inspection for concealed damage will be the sole responsibility of the Customer. Any and all damaged equipment must be documented with the freight driver before the driver departs your location. Any damage must be reported immediately. Insurance will be used on all equipment shipped.
H. Multiple Product Orders
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
I. Out-of-Stock Products
We will ship your product as stated under the section titled “Order and Shipping Policy”.
There may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment.
No returns or refunds will be granted on purchases made using a credit card (i.e.Visa, MasterCard, American Express, or Discover). No returns or refunds will be granted on the purchase of software, supplies, and services or labor. No returns or refunds will be granted on the purchase of hardware. However, fulfillment mistakes that we make resulting in the shipment of incorrect products to you will be accepted for exchange within 15 days from the date of purchase.
POS Highway shall automatically charge and withhold the applicable sales tax for orders to be picked up or delivered to addresses within the State of Hawaii. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes. If the item is shipped within HAWAII, or if you pick it up at our office in HONOLULU, HAWAII sales tax will be charged.
Customers may order services, warranty, support, and/or training (collectively, “Services”) from or through this SELLER. Certain Services may be sold by this SELLER as a distributor or sales agent (“Third Party Services”).
In the case of Third Party Services, the third party shall be the party responsible for providing the services to the Customer and, the Customer agrees that he will look solely to the third party for any loss, claims or damages arising from, or related to, the provision of such Third Party Services. Customer hereby releases SELLER and the entities that control, are controlled by, or are under common control with SELLER (“Affiliates”), from any and all claims arising from, or relating to, the purchase or provision of any such Third Parties Services. Any amounts, including, but not limited to, taxes, associated with Third Party Services which may be collected by SELLER will be collected solely in the capacity as an independent sales agent.
Where Services are ordered in a Statement of Work, each Statement of Work hereby incorporates the terms of this Agreement. Each Statement of Work constitutes a separate agreement with respect to the Services performed. SELLER, or any of its Affiliates on behalf of SELLER, may execute a Statement of Work. In the event of an addition to, or a conflict between any term or condition of the Statement of Work and this Agreement, the terms and conditions of this Agreement will supersede, except as expressly amended in the applicable Statement of Work by specific reference to this Agreement. Each such amendment will be applicable only with respect to such Statement of Work and not to any future Statements of Work. Changes to the scope of the Services described in a Statement of Work will be made only in writing, executed by authorized representatives of both parties. SELLER will have no obligation to commence work in connection with any such change, unless, and until, the change is agreed upon in that writing executed by both parties. All such changes to the scope of the Services will be governed by these Terms and Conditions and the applicable Statement of Work. Each Statement of Work may be signed in separate counterparts each of which shall be deemed an original and all of which together will be deemed to be one original.
In addition to any specific Customer duties set forth in any applicable Statement of Work, Customer agrees to cooperate with SELLER in connection with the performance of the Services by providing (i) timely responses to SELLER’s inquiries and requests for approvals and authorizations, (ii) access to any information or materials reasonably requested by SELLER which are necessary or useful as determined by SELLER in connection with providing the Services, including, but not limited to, physical and system/computer access to Customer’s computer systems, and (iii) all Required Consents necessary for SELLER to provide the Services. “Required Consents” means consents or approvals required to give SELLER, its Affiliates, and its and their subcontractors the right or license to access, use and modify all data and third party products. Customer acknowledges and agrees that the Services are dependent upon the completeness and accuracy of information provided by Customer and the knowledge and cooperation of the agents, employees or subcontractors (“Personnel”) engaged or appointed by Customer who is selected by Customer to work with SELLER.
SELLER will follow all reasonable Customer security rules and procedures, as communicated in writing by Customer to SELLER from time to time.
SELLER may perform the Services at Customer’s place of business, at SELLER’s own facilities or such other locations as SELLER and Customer deem appropriate. When the Services are performed at Customer’s premises, SELLER will attempt to perform such Services within Customer’s normal business hours, unless otherwise jointly agreed to by the parties. Customers will also provide SELLER access to Customer’s staff and any other Customer resources (and when the Services are provided at another location designated by Customer, the staff, and resources at such location) that SELLER determines are useful or necessary for SELLER to provide the Services. When the Services are provided on Customer’s premises or at another location designated by Customer, Customer agrees to maintain adequate insurance coverage to protect SELLER and Customer’s premises and to indemnify and hold SELLER and its Affiliates, and its and their agents and employees harmless from any loss, cost, damage or expense (including, but not limited to, attorneys’ fees and expenses) arising out of any product liability, death, personal injury or property damage or destruction occurring at such location in connection with the performance of the Services, other than solely as a result of SELLER’s gross negligence or willful misconduct.
O. Typographical Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, POS Highway shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. POS Highway shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, POS Highway shall issue a credit within 15 days to your credit card account in the amount of the incorrect price.
P. Governing the Law
THIS AGREEMENT AND ANY ATTENDANT STATEMENT OF WORK SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. BY SIGNING THIS AGREEMENT, CUSTOMER AGREES TO SUBMIT ANY DISPUTE ARISING HEREUNDER TO THE EXCLUSIVE JURISDICTION OF THE HONOLULU COUNTY SUPREME COURTS OR DISTRICT COURTS LOCATED IN HONOLULU, HAWAII. CUSTOMER FURTHER SUBMITS TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVES THE RIGHT TO CHANGE VENUE TO ANY OTHER JURISDICTION.
Except in the case of nonpayment, neither party may institute any action in any form arising out of this Agreement more than one (1) year after the cause of action has arisen. The rights and remedies provided SELLER under this Agreement are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.
Q. Other Conditions
These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether POS Highway signs them or not. We reserve the right to make changes to this site and these Conditions at any time without notice.
R. Warehouse Management System (WMS) by POS Highway
END-USER LICENSE AGREEMENT
Hey there! Welcome to POS Highway and congratulations on choosing us for an affordable inventory management solution, which is built to harness cloud computing technologies. Here is our Terms of Service for use of POS Highway. Even though we’ll try our best to dispense with the legalese, you should read this agreement carefully since it’s still a legal agreement. You will accept these Terms of Service electronically clicking or checking the Accept button or by accessing or using POS Highway. Of course, if you do not understand or agree with these Terms of Service please call or email us prior to accepting them.
So that we are clear, here are some of definitions that will be used throughout these Terms of Service.
“You” or “Your” means the corporation, entity, or person agreeing to these Terms of Service in order to use POS Highway.
“POS Highway LLC.” that is us who makes POS Highway. We may refer to ourselves in this agreement as “POS Highway”, “us”, “we”, or “our”. POS Highway also may include partners, whether hardware, software, and services provided by partners, that integrate with our solutions or are offered as its own solution through various third parties.
“POS Highway” also may means the web-based software service supplied by us, specifically the Warehouse and Inventory Management System. This includes any enhancements, upgrades, bug fixes, new versions, and other modifications and amendments to POS Highway.
How much is this going to set me back?
POS Highway pricing includes a monthly subscription and may include charges for per transaction based on what type of additional services you choose. Monthly subscription pricing varies based on plan tier and may involve setup charges. All pricing options are able to be requested on our public website at https://www.POS Highway.com/quote. If you have additional questions on pricing please reach out to us at 888-881-1988. Once you have selected a paid subscription plan, our contract will automatically be renewed monthly until you cancel it. There is no cost to cancel, but we do need to receive your notice prior to the start of the new contract term period. To cancel, simply visit https://app.POS Highway.com/v3/admin/subscription. Once you cancel you will not be charged again, but you are responsible for whatever charges have already been incurred for the current billing period.
If enrolled in monthly billing with automatic payment, you agree to allow us, or our credit card processing vendor, to store Your credit card payment information. Your card will be charged on receipt of your credit card authorization for the purchased monthly rate plus any applicable usage fees and taxes – and thereafter on or around the monthly anniversary of your signup date each subsequent month. You need to ensure that we always have the most up to date credit card information. If your card doesn’t work, we will notify you. If you do not supply an alternative card within three (3) business days of our notification, at our discretion we will discontinue your use of POS Highway or continue to bill you until alternative payment is made.
POS Highway also may have add on services that will charge you a per transaction fee, so your monthly cost could change if you elect to use these features. If you use any additional services, then you will be billed that additional amount with each billing cycle as long as your subscription is active. The billing details for your additional services will be outlined for you when you accept the additional services. You can cancel these add on services at any time by contacting us at the information above.
What kind of license do I receive?
As soon as we process your payment, you will receive a non-exclusive license to use POS Highway. This non-exclusive license will continue until you cancel or there is a breach of this agreement. Additionally, you promise to use POS Highway only for your company’s own use. While we like sharing, you cannot share the use of POS Highway with anyone else, and you cannot transfer your rights or allow anyone outside of your company to use POS Highway.
Who owns POS Highway?
As you may have guessed, we own POS Highway and we retain all rights, titles, and interests to and in POS Highway. This includes all enhancements, modifications, and updates. In fact, we even copyrighted POS Highway. So, you may not rent, lease, distribute, modify, adapt, reverse engineer, decompile, disassemble or create a derivative of POS Highway.
Use with your Mobile Device.
In some situations, POS Highway may be available for use through a compatible mobile device. You agree that you are solely responsible for ensuring its mobile device supports POS Highway requirements. You also agree that you are solely responsible for any applicable charges, updates, and fees and as well as the terms of Your agreement with Your mobile device and telecommunications provider.
POS HIGHWAY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATIONS SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTING CONNECTED WITH THE SERVICES.
Here comes the legal stuff.
While we’ve never had or anticipate an outage or loss of data, our lawyer still made us say the following. POS HIGHWAY IS PROVIDED “AS-IS” AND “AS AVAILABLE” YOU DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SYSTEM INTEGRATION. VERBAL OR WRITTEN STATEMENTS MADE BY POS HIGHWAY OR ANY REPRESENTATIVES DO NOT CONSTITUTE WARRANTIES AND SHALL NOT BE RELIED UPON BY YOU IN DECIDING WHETHER TO LICENSE POS HIGHWAY. LICENSEE ACKNOWLEDGES THAT IT ASSUMES FULL RESPONSIBILITY FOR THE SELECTION AND USE OF POS HIGHWAY TO ACHIEVE ITS INTENDED PURPOSES. POS HIGHWAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN POS HIGHWAY WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF POS HIGHWAY IS INTERRUPTION OR ERROR FREE. YOU ADDITIONALLY DISCLAIM ALL OBLIGATIONS AND LIABILITIES FOR DAMAGES, ATTORNEY FEES AND COURT COSTS ARISING FROM OR IN CONNECTION WITH THE USE OF POS HIGHWAY UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
POS Highway’s entire liability and your sole and exclusive remedy for breach of the foregoing warranty or for any other legal, equitable, or statutory claims, shall be, at our option, to either (i) return to you the license fee for the period in which POS Highway did not perform according to this warranty; or (ii) repair the defects or replace POS Highway. In no event shall POS Highway be liable for consequential, special, exemplary, indirect, moral, or incidental damages (including damages incurred from loss of business profits, business interruption, loss of business information, and the like) arising out of or in connection with the use, or inability to use, POS Highway, for errors caused by improper configuration or installation of POS Highway, or for any interruption of service.
You agree to indemnify us and hold us harmless for any claims brought against us arising in whole or in part out of the claims brought against us involving tracking, mishandling, or misplacing items while using POS Highway.
Are you authorized to sign this agreement?
Is there privacy?
What happens if we disagree on something?
We don’t like confrontation, and we hope to have a long term business relationship. If a problem does arise, we agree to submit any claims to binding arbitration in Honolulu, Hawaii. Specifically, ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN COURT. If our problem or dispute goes to binding arbitration, the Federal Arbitration Act governs the interpretation and enforcement of this provision, and the arbitrator shall apply Hawaii law to all other matters. If it becomes necessary to submit a claim to binding arbitration, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and expenses in addition to any other relief to which it may be entitled. Notwithstanding anything to the contrary, either party may at any time seek injunctions or other forms of equitable relief from the court. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. Jurisdiction and venue are proper in the City and County of Honolulu, Hawaii. Finally, this Agreement is governed by the laws of the State of Hawaii, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall be likewise be governed by the laws of the State of Hawaii, excluding that State’s choice-of-law principles.
Here are some general provisions that our attorney again made us put in.
We may make changes to these Terms of Service from time to time. Therefore, we reserve the right to do so. The changes will be effective when posted or when we notify you by other means. By checking a box or clicking the Accept button, or by continued use of POS Highway, you are agreeing to the changes.
Nothing in this Agreement will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between us.
The headings, statements, or annotations in the Terms of Service are to make the Terms of Service easier to read and do not have any legal effect on the Terms of Service.
The rights by this License cannot be assigned by you without our prior written consent.
You may not use or otherwise export or reexport POS Highway except as authorized by United States law and the laws of the jurisdiction in which POS Highway was obtained. In particular, but without limitation, POS Highway may not be exported or reexported (i) into (or to a national resident of) any U.S. embargoed country, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using POS Highway, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.