Point of Sale Corner LLC - Terms & Conditions of Use & Purchase Transactions
Agreement between User and Point of Sale Corner LLC (Including company DBAs)
Welcome to Point of Sale Corner! The pointofsalecorner.com & poscatch.com websites (cumulatively referred to as the "Site") is comprised of various web pages operated by Point of Sale Corner LLC. This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of pointofsalecorner.com or by entering into a sales agreement with Point of Sale Corner, LLC by other means (such as by phone or email) constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
Point of Sale Corner LLC is dedicated to selling point of sale solutions and consulting services to businesses in the USA.
Return & Refund Policy
Visiting www.pointofsalecorner.com or sending emails to Point of Sale Corner LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Point of Sale Corner LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Point of Sale Corner LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
All prices quoted before a PO is submitted are valid for a maximum of 7 days due to market pricing fluctuations. If there is a price change after 7 days of quote issuance, we will request an updated PO from the customer to reflect any pricing readjustment. Once a PO is submitted to us, it is valid for a maximum of 30 days only if we are unable to process it due to no stock of an item(s). If we have not been able to process a PO for whatever reason after 30 days, the PO will be canceled by us.
We cannot guarantee a fixed price for backordered items. If an item is on backorder, and if the price changes before the item is restocked or soon thereafter, the item will be sold at its current (readjusted) price, not the price it was. This is due to market pricing fluctuations.
DEFECTIVE PRODUCT RETURNS: We offer the highest-quality products available, and on rare occasions a product is defective on arrival. Simply contact us and we will provide technical support or we will refer you to speak directly with the manufacturer technical support staff. If the merchandise is determined to be defective, our product returns department will e-mail a return authorization to exchange any defective equipment. You will be expected to re-box and return the product in brand new condition. With this in mind, please do not discard the original manufacturers box or internal packaging until you have fully tested the equipment. Freight claims for damaged products or exchanges for DOA products must be submitted within 14 (fourteen) days of the ship date. Please inspect your shipment for freight damage and test your equipment as soon as possible. We do not offer "test equipment" and we do not accept apparent open box returns unless the product is defective.
NON DEFECTIVE PRODUCT RETURNS: We do not sell test/used equipment. No apparent open box or missing packaging returns allowed. No Software returns allowed. No returns allowed for special order items, supplies and media (i.e. receipt paper, receipt printer ribbons, barcode printer labels, barcode printer ribbons). No returns allowed after 20 days from date of invoice. Any and all merchandise to be returned to Point of Sale Corner LLC for any reason must be clearly identified with a Point of Sale Corner LLC assigned Return Material Authorization "RMA" number. Return transportation charges to be prepaid by the buyer. Any returns that do not meet company return policy guidelines will be refused. RMA numbers must be obtained by contacting Point of Sale Corner LLC prior to returning any merchandise. RMA numbers will be valid for 7 days from the date of issuance. RMA numbers must appear only on the shipping label. Products must be returned in the original manufacturers packaging and in factory new condition, in order to qualify for credit consideration.
Sales Tax will be charged for all CA & OH shipments by default. Orders shipping CT, FL, IL, HI, LA, MD, RI, TN, MD, MA can be subject to sales tax. Effective 01/01/2019. If your order should be subject to additional sales tax after the order is placed, we will notify you of such and attempt to collect the owing sales tax before order is shipped. If we are unable to collect any owing sales tax, the order will be cancelled and a full refund issued to your method or payment.
We do not offer direct credit terms at this time.
Links to Third Party Sites/Third Party Services
www.pointofsalecorner.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Point of Sale Corner LLC and Point of Sale Corner LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Point of Sale Corner LLC may provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Point of Sale Corner LLC of the site or any association with its operators.
Certain services made available via www.pointofsalecorner.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the a domain managed by Point of Sale Corner LLC, you hereby acknowledge and consent that Point of Sale Corner LLC may share such information and data with any third party with whom Point of Sale Corner LLC has a contractual relationship to provide the requested product, service or functionality on behalf of users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Point of Sale Corner LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Point of Sale Corner LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Point of Sale Corner LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Point of Sale Corner LLC or our licensors except as expressly authorized by these Terms.
Linking to Point of Sale Corner LLC Managed Internet Site(s)
Only reputable internet sites with good practices can link to pointofsalecorner.com provided you do so in a way that is fair and legal and does not damage the profitability, reputation or take advantage of this internet site or its parent company Point of Sale Corner, LLC. You cannot establish a link in such a way as to falsely imply any form of association, partnership, approval or endorsement on our part where none exists. This site must not be framed in any manner whatsoever on any other site either in part or whole. Furthermore, we reserve the right to revoke linking permissions to this site at our discretion.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Point of Sale Corner LLC has no obligation to monitor the Communication Services. However, Point of Sale Corner LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Point of Sale Corner LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Point of Sale Corner LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Point of Sale Corner LLC sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Point of Sale Corner LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Point of Sale Corner LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Point of Sale Corner LLC spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to pointofsalecorner.com or Posted on Any Point of Sale Conner LLC managed Web Page, Point of Sale Corner LLC does not claim ownership of the materials you provide to the Company (including feedback and suggestions) or post, upload, input or submit to any Point of Sale LLC Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Point of Sale Corner LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Point of Sale Corner is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Point of Sale Corner LLC sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Point of Sale Corner LLC from our offices within Ohio, USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Point of Sale Corner LLC Content accessed through www.pointofsalecorner.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Point of Sale Corner LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Point of Sale Corner LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Point of Sale Corner LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Point of Sale Corner LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Governing Law & Jurisdiction
Any dispute arising out of or related to the Terms & Conditions and Policies stated on this site or the sales transaction between Point of Sale Corner LLC and Customer shall be governed by the laws of the State of Ohio, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Point of Sale Corner LLC and Customer consent to the exclusive jurisdiction and the venue of Ohio State Courts, Cuyahoga County, City of Cleveland, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Point of Sale Corner LLC that is more than one year after the date of the applicable invoice.
Point of Sale Corner LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio (Cuyahoga County) and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site or with any other sales agreement(s) with Point of Sale Corner. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Any Customer who is unduly obstinate, abusive, offensive, aggressive, harassing or threatening in any manner whatsoever to a Point of Sale Corner LLC staff member is automatic cause for Point of Sale Corner LLC to cancel all pending and any future sales agreement(s) with said Customer, and may include suspension of some or all other business services such as customer support, at the discretion of Point of Sale Corner LLC in order to maintain a safe and hostile-free work environment for Point of Sale Corner LLC employees.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Point of Sale Corner LLC as a result of this agreement or use of the Site and associated services. Point of Sale Corner LLC performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Point of Sale Corner LLC right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Point of Sale Corner LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user (customer) and Point of Sale Corner LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Point of Sale Corner LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Point of Sale Corner LLC reserves the right, in its sole discretion, to change the Terms under products and services are offered. The most current version of the Terms will supersede all previous versions. We encourages you to periodically review the Terms to stay informed of our updates.
If any provision of this site's disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this site's disclaimer.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POINT OF SALE CORNER, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
POINT OF SALE CORNER, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. POINT OF SALE CORNER, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
We welcome your questions or comments regarding the Terms:
Point of Sale Corner LLC
7452 Broadview Rd #123
Cleveland, Ohio 44134
Effective as of December 17, 2018