ShopPOS.com| Service Provider Terms & Conditions
Terms & Conditions
By participating in the ShopPOS.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 comprise the agreement ("Agreement") between a business or sole proprietor (“Service Provider”) and Sterling Payment Technologies, LLC (“Sterling”) doing business and providing services under the name ShopPOS.com (“ShopPOS.com”).
1. ShopPOS Directory
1.1 ShopPOS Directory. ShopPOS.com authorizes the inclusion of Service Providers in its Directory, accessible to ShopPOS.com users through ShopPOS.com, its world wide web site ("the Website"), in accordance with these Terms and Conditions. By participating in the Directory, the Service Provider requests that ShopPOS.com include information about the Service Provider (a “Profile”) in its Directory. ShopPOS.com reserves the right to refuse any such request for any reason or to cancel any Profile for failure to fulfill the obligations set forth in these Terms and Conditions or any other reason. ShopPOS.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.
1.2 Profile Contents. The Profile will consist of the information provided to ShopPOS.com on the Directory. The Service Provider agrees to provide true, accurate, current, and complete information about the Service Provider's business as prompted in the registration process. Failure to provide such information will result in ShopPOS.com denying, suspending, or terminating the Service Provider's Profile. ShopPOS.com reserves the right to check all public records with regards to the Service Provider as part of our application process.
By participating in the Directory, the Service Provider grants permission for ShopPOS.com to electronically display the Service Provider’s Profile to individuals who visit ShopPOS.com, matched to the Service Provider and for whom the Service Provider may be sent a lead. The Service Provider will maintain and update any changes in factual information or links contained in the Directory. Requested changes to the Directory may be subject to approval by ShopPOS.com. ShopPOS.com reserves the right to change the style, form, content and appearance of the Website at any time.
1.3 Directory Service. After enrolling the Profile in the Directory, the Service Provider may access its directory profile management tool on the Website and complete the marketing profile information that is part of the Directory. The Profile the Service Provider provides will be displayed to individuals researching point of sale systems. The Service Provider has the option to opt-out of having a Profile, at which point all custom data will be deleted with the exception of the Service Provider name and Service Provider contact information, which will always be displayed as any business directory would and in accordance with these Terms and Conditions. ShopPOS.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.
The Service Provider will have access to the Directory 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 ShopPOS.com.
1.4 Requests for extended credit. By accepting these terms and conditions, the Service Provider is authorizing ShopPOS.com to contact any and all credit reporting services for credit verification in the event extended credit is requested by the Service Provider at any point. In the event that negative information is found regarding the Service Provider through their searches, ShopPOS.com reserves the right to reject the Service Provider's application and request for credit.
1.5 Use of ShopPOS.com Name and Logo. The Service Provider is permitted to use the ShopPOS.com name only for purposes of identifying to the customer where the inquiry originated. The Service Provider has no right to use the ShopPOS.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 ShopPOS.com or that ShopPOS.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 (“User Name”) 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 ShopPOS.com of any unauthorized use of the user name or password or any other breach of security. ShopPOS.com cannot and will not be liable for any loss or damage arising from Service Provider's failure to comply with this Agreement.
The effective date of this agreement is the date of activation of the Service Provider's Profile. ShopPOS.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 ShopPOS.com at admin@ShopPOS.com. Within three (3) business days of receipt of such notice, ShopPOS.com will close the Service Provider's Profile, will charge the Service Provider's credit card for any outstanding Fees (if applicable), and will send the Service Provider a final statement.
4. Representations and Warranties
The Service Provider represents and warrants that: (1) all of the information provided to ShopPOS.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 the profile; (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 must comply with all applicable Federal and State laws and regulations.
The Service Provider agrees to pay any damages or expenses incurred by ShopPOS.com, including all attorneys' fees and expenses, resulting from claims brought by other parties regarding the inclusion of the Profile, or as a result of a breach of these Terms and Conditions. This provision shall survive the Termination of this Agreement.
6.1 Warranties. ShopPOS.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 Website, any merchandise, information, or services provided through the Website, or the accuracy or results obtained from the use of any information or services provided through the Website.
6.2 ShopPOS.com is a Conduit. ShopPOS.com is not involved in any actual transactions between buyers and suppliers. Thus, ShopPOS.com has no control over the ability of buyers to purchase items or qualify for leases and other forms of credit. ShopPOS.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, ShopPOS.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 ShopPOS.com and its agents and employees from any claims, demands, and/or damages arising out of or in any way connected with such a dispute between Service Provider and potential buyers..
7. Limitation of Liability
In no event will ShopPOS.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, or any faulty transmission, communications, or computer system failure. In no event will ShopPOS.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 ShopPOS.com exceed the amount of fees paid under this agreement for the prior three (3) month period.
ShopPOS.com does not approve of, or endorse, any product or service by electronically publishing the Directory. ShopPOS.com reserves the right to change the style, form, content and appearance of the Website at any time. The Service Provider and ShopPOS.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 State 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. This Agreement shall survive any change in ownership on the part of the Service Provider.
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