Terms of Use

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May 10, 2020

These Terms of Service (“Terms”) govern your use of any website, mobile or tablet application, or other online service or platform of RedTail POS Inc.

1. BINDING AGREEMENT

The Terms are a binding legal contract between you and RedTail POS Inc. Please read the Terms carefully before using the Services. Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.
We may modify the Terms at any time. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms. You must be 18 years or older to use the Services.

2. PRIVACY

By using the Services, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy.

3. PROHIBITED CONTENT AND ACTIVITIES

You may not use the Services to take any action that could cause us harm or interfere with our activities.
You may not engage in unauthorized harvesting of content, or use any other unauthorized means to collect or compile information;
You may not use the Services to install a computer program on another person’s or company’s computer system;
You may not gain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
You may not use any device, software, code, or program to interfere with the Services or attempt to scan or test the vulnerability of, or breach the security of any system, device, or network;
You may not reverse engineer, decipher, decompile, disassemble, decrypt, or interfere with any software that is a part of the Services, or use any tools for compromising security.
You may not use another’s information, account, or password, except as expressly permitted;
You may not take any action that imposes an unreasonable load on our network or infrastructure;
You may not upload or transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users’ computers, devices, or systems;
You may not for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or identifiers in order to disguise the origin of any material transmitted through the Services.
You may not engage in any other conduct that restricts any person from using the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.

4. INTELLECTUAL PROPERTY

All content, code, software, and any other materials that are part of the Services other than any content you may submit is the property of RedTail POS Inc. You may use the Services and print copies of RedTail POS Inc. Content for noncommercial, informational, personal use, without modification.
Copyright and Other Intellectual Property Rights. RedTail POS Inc. content is protected under the Canadian copyright laws. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by RedTail POS Inc. or its third-party licensors to the full extent permitted under the Canadian Copyright laws and other applicable laws. Unless expressly permitted in writing by an authorized person or as permitted by law, you may not copy, reproduce, distribute, publish, enter into a database, display, modify, transmit, or in any way use or exploit any part of the RedTail POS Inc. Content.
Trade and Service Marks. You acknowledge and agree that all RedTail POS Inc. logos and marks as well as other proprietary materials depicted in connection with the Services and the RedTail POS Inc. content are the property of RedTail POS Inc. and may not be used commercially without the prior written consent of RedTail POS Inc.
Notice of Infringement. If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing: A signature and formal title of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; Identification of the allegedly infringing material and information reasonably sufficient to permit us to identify the material; Your name, address, telephone number, and email address, so that we may contact you; A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
RedTail POS Inc. designated agent for notice of claims of copyright is:
RedTail POS Inc.
Attn: Legal
PO Box 903, Station A
Sydney, Nova Scotia
CANADA B1P 6J4
Email: legal@redtailpos.com

5. SOCIAL MEDIA INTEGRATION

The Services may offer opportunities for you to transmit content via third-party social networking websites and products. Any use of third party social networking features is subject to the terms of use of the applicable third-party website or product and not these Terms, unless you are notified otherwise.

6. USER SUBMISSIONS

Certain areas of the Services may enable you to publicly post comments, send emails, or otherwise submit information to us. You remain fully responsible for all content that you provide in connection with the Services
You agree that you cannot provide content that infringes or violates the copyright, trademark, patent, or other intellectual property right of any person or entity;
You agree that you cannot provide content that is false, misleading, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually explicit;
You agree that you cannot provide content that violates any person or entity’s right to privacy or publicity;
You agree that you cannot provide content that attacks or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
You agree that you cannot provide content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
You agree that you cannot provide content that transmits, stores, or otherwise makes available a virus, Trojan horse, worm, spyware, bot, or other harmful programming routine;
You agree that you cannot provide content that violates any applicable law, or advocates illegal activity.
Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party’s intellectual property rights, of the third party’s right to privacy, or of any other applicable local, provincial, state, national, or international law.
If you are under the age of 18, you may not provide any User Content to us.

7. LINKS AND THIRD PARTY CONTENT

The Services may contain links to other websites or online services that are not under the control of RedTail POS Inc. Such links do not constitute an endorsement by RedTail POS Inc. of those other websites or online services, the content they display, or people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services.
We may incorporate third party services, software, technology, data, and/or other content, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that RedTail POS Inc. assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by RedTail POS Inc.
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

8. MOBILE PAYMENT AND MOBILE ORDERING

You may be permitted to participate in certain functionalities of the Services which allow you to use a device to order and pay for certain products from RedTail POS Inc. Payments are subject to the applicable Terms & Conditions of the payment processor.

9.TERMINATION

In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. RedTail POS Inc. is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Errors will be corrected when discovered and RedTail POS Inc. reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).

10. DISCLAIMER OF WARRANTIES

THE LAWS OF SOME JURISDICTIONS, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF REPRESENTATIONS, WARRANTIES OR CONDITIONS, SO SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY REDTAIL POS INC. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE SERVICES, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. REDTAIL POS INC. EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR REDTAIL POS INC. CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF REDTAIL POS INC. SHALL CREATE ANY WARRANTY OR CONDITION.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. INTEGRATION, SEVERABILITY AND WAIVER

These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between RedTail POS Inc. and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

12. CONTACT INFORMATION

Please direct any questions, complaints, or comments related to the Services to privacy@redtailpos.com.

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