Welcome to the website www.mtnpos.com. The following are the rules that govern use of each of these Web sites ("Site").
Introduction
The Site of www.mtnpos.com is an information web site for MtnPOS, consisting product desciption, pricing and help, and other related content operated by MtnPOS, a New York corporation with its principal place of business in the State of New York. The content is provided by MtnPOS and by third parties. MtnPOS is referred to as "we" or "our" or "us" in these rules. Whenever we refer to "you" or "your", we mean every person or entity who uses or provides content to a Site.
Agreement with Rules
This section of the Site sets forth the terms and conditions ("Rules") that apply to your use of a Site. By using or visiting a Site, you expressly agree to follow these Rules and all applicable laws and regulations governing a Site. If you violate these Rules or applicable laws and regulations, we may terminate your use of the Site, bar you from future use of the Site, cancel your order, and/or take appropriate legal action against you. By using a Site, the Privacy Statement is incorporated by this reference.
Changes in Site or Rules
We have the right to change or discontinue any aspect or feature of a Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. We have the right to change or modify these Rules, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on this Site or by electronic or conventional mail, or by any other means by which you obtain notice. Any use of a Site by you subsequent to such notice is acceptance by you of such changes, modifications or additions. Please check this Terms and Conditions page for such changes.
Your Conduct
A. The Basic Rules.
You may not use the Site to transmit any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) contains advertising or any solicitation with respect to products or services, unless we have expressly approved such material in advance of its transmission. Any conduct by you that we believe restricts or inhibits any other user from using or enjoying the Site is expressly prohibited. You may not use any robot, spider, other automatic device, or manual process to monitor or copy web pages or their content or for any other unauthorized purpose. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that places a disproportionately large load on the infrastructure of the Site. You may not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without our expressed written permission.
B. Misuse of Intellectual Property
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, all of which belong to their owners. In addition, the content of our Site is copyrighted as a collective product. We own the copyright in both the original content and in the arrangement, and enhancement of all the content. You may not in any way exploit, any of the content, in whole or in part. Subscriber may only download copyrighted material for your personal use. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without our express written permission and that of any other copyright owner. You do not have any ownership rights by downloading copyrighted material. In addition, you may not make available on our Site any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. Subscriber will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights. By submitting material for use on a Site, you are either granting, or warranting that the owner of that material has expressly granted, us the royalty-free, non-exclusive use of the all or any part of the material worldwide in any way for so long as any copyright may exist in such material, including the right to edit, copy, publish and distribute the material.
Disclaimers and Limitation of Liability
A. You are at Risk in Use of a Site
YOU AGREE THAT USE OF OUR SITE IS AT YOUR RISK. YOU ARE RESPONSIBLE FOR PROTECTING YOUR PASSWORD IF YOU USE ONE NEITHER WE NOR OUR AFFILIATES, NOR ANY OF OUR OR THEIR EMPLOYEES, OWNERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT SERVICE ON ANY SITE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM UNAUTHORIZED USE OR THEFT OF INFORMATION PLACED ON A SITE BY YOU; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF A SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH A SITE.
B. We Make No Warranties Of Service
WE PROVIDE EACH SITE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. We Disclaim Liability.
WE DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION IN ANY FORM, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES. ANY RISK OF SUCH INJURY IS ENTIRELY YOURS.
D. You Waive Damages
YOU ARE AGREEING THAT FOR ALL CONTENT ON EACH SITE, NEITHER WE NOR THOSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MATERIAL ON A SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE A SITE OR FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN A SITE, OR FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Indemnification
You are agreeing to defend, indemnify and hold us and our directors, officers, owners, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of your use of a Site.
Equipment for Subscriber's Use
You are responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of each Site and for all charges for equipment or access.
Third-Party Site Content
Some of the content on each Site is supplied by third parties. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
MtnPOS Purchase and Billing Policies
If your transaction involves the purchase of MtnPOS, our product purchase policies are as follows:
A. Purchase and Handling
MtnPOS package purchased on the site are subject to a per user, one-time charge.
B. Refunds are available within 30-day trial period. Your MtnPOS software license fee and first set of trial hardware will be fully refunded within 30-day period. All extra register sets have 15% restocking fee. All the hardware cost and license cost will be listed in the purchase invoice.
After an account has been cancelled, all MtnPOS devices of this account will be disabled immediately.
Prohibited Use of This Website
You are prohibited from doing any act that has the effect of undermining the integrity of our system, our services and the method by which we provide our services to users.
If you use, deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from the Website, then you are not authorized to enter this website or use its services. Use of any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
If you use, deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this website for any other purpose you are not authorized to enter this website or use its services.
If you intend to use, deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this website, its hardware and connections, or prohibits, denies or delays access to this website by others, you are not authorized to enter this website or use its services.
You will not download or copy any content displayed on this website for purposes other than preserving information for your personal use, without the written permission of the Company.
You will not establish any deep link or other connection to any specific page or pages of this website other than the Home Page, without our written permission. You agree that you will use this website only for lawful purposes. You will not post or transmit through this website any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability of the Company, (v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission; (vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or (vii) threatens the continuous services of our ISP’s, suppliers and vendors. Any conduct by you that in our sole discretion restricts or inhibits any other consumer from using or enjoying this website is expressly prohibited.
Entire Agreement
This agreement and our Rules for the Sites are the entire agreement with you regarding the use of the Site, and supersede earlier written or oral agreements with you on this subject. The section headings we have used are for convenience only and will not be given any legal import whatsoever.