Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF JaimePOS.COM, INCLUDING YOUR USE OF THE SERVICES AND CONTENT.  YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY “YOU” OR “YOUR”), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.

JaimePOS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF JaimePOS.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT JaimePOS.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH JaimePOS.COM.

 

Section 1. Definitions
 

Content: information, graphics, products, features, functionality, services, and links on JaimePOS.com.

JaimePOS: JaimePOS, LLC., it’s and its affiliate and subsidiary companies, any of which may exercise the rights and privileges afforded JaimePOS under this agreement, but JaimePOS, LLC. is the sole obligor under these Terms of Use.

Services:  any and all services accessible at JaimePOS.com 

You: Yourself and the entity that you represent.

Section 2. Use of JaimePOS.com

JaimePOS.com is provided solely for the use of current and potential JaimePOS customers to interact with JaimePOS and may not be used by any other person or entity, or for any other purpose. Specifically, use of JaimePOS.com to provide information to or prepare items or for the benefit of third-party dealers is expressly prohibited.

The use of non-authorized scripting technologies to obtain information from JaimePOS.com or submit information through JaimePOS.com is strictly prohibited.

JaimePOS does not accept ideas, concepts, or techniques for new services or products through JaimePOS.com. If such information is received, it will not be considered confidential and JaimePOS will be deemed free to use, communicate and exploit such information in any manner it chooses.

Section 3. JaimePOS.com Login Registration

You may choose to register on JaimePOS.com to access interactive features on JaimePOS.com. Your JaimePOS.com Login provides you with access to the Services, if you have been authorized to access such Services. The availability of these Services varies by state. In the future, JaimePOS may add other features that may be accessed through JaimePOS.com Login. In such event, previously registered users will not be required to re-register.

Certain Services may require additional enrollments or agreements and may be subject to additional terms and conditions.

By registering on JaimePOS.com, You agree to provide accurate and current information about Yourself as prompted by the JaimePOS.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.

Some Services are being made available to customers based in some states and not others. You agree to register only for JaimePOS.com Services offered on the JaimePOS.com website for your intend state in which your JaimePOS account is based. 

When you register using JaimePOS.com Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify JaimePOS of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your JaimePOS.com session at the end of each visit.

You acknowledge and agree that it may be necessary from time to time for JaimePOS to confirm the validity of the credit card information you provided to open your JaimePOS account. When this occurs, JaimePOS may request a temporary authorization hold for a nominal amount on your card. This authorization hold does not result in actual charges to your card. These authorizations will automatically expire based on guidelines established by your card issuer.


Section 4. Changes to JaimePOS.com

JaimePOS.com and its Content, may be changed, deleted or updated at any time without notice.



Section 5. Termination of Use

JaimePOS may discontinue, suspend or modify JaimePOS.com at any time without notice, and JaimePOS may block, terminate or suspend Your and any user’s access to JaimePOS.com at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. The provisions of Section 7, 8, 9, 10, 13, 14 and 15 shall survive any termination of this Agreement.


Section 6. Ownership

JaimePOS.com and its Content are protected by United States and international copyright, trademark and other laws. © 2016-2021 JaimePOS. All rights reserved. Specifically, JaimePOS does not convey to anyone, through allowing access to JaimePOS.com, any ownership rights in JaimePOS.com or in any Content appearing on or made available through JaimePOS.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of JaimePOS.com or its Content.


Section 7. Disclaimer of Warranty

JaimePOS.COM AND ITS CONTENT AND SERVICES ARE PROVIDED “AS IS”. JAIMEPOS AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILITY OR INABILITY TO USE JAIMEPOS.COM AND ITS CONTENT OR ANY OF JAIMEPOS SERVICES.

JAIMEPOS EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING JAIMEPOS.COM AND ITS CONTENT, JAIMEPOS’S SERVICES AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JAIMEPOS DOES NOT WARRANT THAT JAIMEPOS.COM OR ANY OF ITS CONTENT OR ANY JAIMEPOS SERVICES WILL MEET ALL OF YOUR OR YOUR CUSTOMERS’ REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN JAIMEPOS.COM OR ANY OF ITS CONTENT OR ANY JAIMEPOS SERVICES WILL BE CORRECTED. FURTHERMORE, JAIMEPOS DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR OR YOUR CUSTOMERS’ USE OF JAIMEPOS.COM OR ANY OF ITS CONTENT OR ANY JAIMEPOS SERVICES IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY JAIMEPOS OR AN AUTHORIZED REPRESENTATIVE OF JAIMEPOS SHALL CREATE A WARRANTY.


Section 8. Limitation of Liability

YOUR USE OF JAIMEPOS.COM AND ITS CONTENT AND JAIMEPOS’S SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL JAIMEPOS BE LIABLE TO YOU OR TO ANY PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES IN TORT, CONTRACT, PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW RESULTING FROM THE ACCESS TO OR USE OF INSIGHT INFORMATION OR THE INTERNET, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE; INSIGHT INFORMATION OR THE INTERNET, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA, OR BUSINESS, AND DAMAGE TO YOUR INTERNAL COMPUTER SYSTEMS EVEN IF JAIMEPOS, OR AN AUTHORIZED REPRESENTATIVE OF JAIMEPOS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

JaimePOS, will not be liable for Your acts or omissions, including but not limited to, incorrect completion or updating of any enrollment or profile form, failure to implement adequate internal security measures to safeguard Your login id or password code, or Services or Content provided to or accessed by You (or portions thereof) and its confidentiality or for the acts or omissions of the recipient or anyone else with an interest in JaimePOS.com or its Content or any of JaimePOS’s Services. Also, JaimePOS, will not be liable if You violate any of the terms of this Agreement. JaimePOS, will not be liable for loss, damages or delay caused by events JaimePOS, cannot control, including but not limited to, acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority. You agree to immediately notify JaimePOS, of any known or suspected unauthorized use of your logon id, password code or any other confidential information relating to JaimePOS or any known or suspected breach of security, including loss, theft, or damage to your shipments.

Section 9. Indemnity

You shall bear the risk of loss or damage resulting from Your use of JaimePOS.com or its Content or any of the Services.  You agree to defend, indemnify and hold harmless JaimePOS and its respective officers, directors, employees, agents and representatives from any and all claims, demands, damages (including incidental and consequential damages), liabilities, costs, expenses, suits and judgments, including the payment of legal fees arising out of or relating to any of the following:

  • ·Your breach of any of these terms and conditions,
  • Your activities conducted in connection with JaimePOS.com, its Content or any of the Services
  • Your failure to abide by any applicable laws or regulations regarding JaimePOS.com, its Content or any of the Services
  • JaimePOS’s provision of data and information to You (including, without limitation, any errors in the information or any unavailable or incomplete information)
  • Authorized or unauthorized uses of JaimePOS.com, its Content or any of the Services any manner by You or on Your behalf, directly or indirectly, including, without limitation, claims relating to reroutes or thefts of shipments, claims of breach of privacy, or

Your failure to implement adequate internal security measures to safeguard Your login id,  password code or any other data or information provided by JaimePOS (or any portion thereof) and its confidentiality.


Section 10. JaimePOS Service Guide

The terms and conditions for using JaimePOS’s website and related services are contained in the website and most product descriptions.

For each purchase you make or request using JaimePOS products, You agree that the terms, conditions and limitations set forth in the “Terms and Conditions” of the JaimePOS applicable to the product, are applicable to such shipment, except as otherwise provided for in a written agreement between You and JaimePOS.  All shipments and claims are subject to the terms, conditions and limitations of the contract, including the “Terms and Conditions” in the JaimePOS website applicable to the product, which may be amended from time to time by JaimePOS without notice.


Section 11. Links to other web sites

There are links on the JaimePOS.com site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by JaimePOS. JaimePOS makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.

JaimePOS has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.


Section 12. Privacy Policy

The JaimePOS Privacy Policy governs the use of information acquired from You through JaimePOS.com.


Section 13. Export

You assume all responsibility for compliance with all laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations (“EAR”), International Traffic in Arms Regulations, and economic sanctions programs maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and those of any other country from which You may access JaimePOS.com regarding access, use, export, re-export and import of any Content appearing on or available through JaimePOS.com.

You represent and warrant that (i) you will not export or import any Content or use any Content for transactions involving any country to which export or import is restricted under United States law or any jurisdiction subject to Embargoed Country (which, for the purposes of these terms, means a country or territory in respect to which the U.S. has issued an embargo from time to time, at present Cuba, Iran, North Korea, Syria, or the Crimea region); (ii) you are not a person identified on U.S. or other applicable government restricted party lists with whom transactions are prohibited, including but not limited to OFAC’s Specially Designated Nationals (“SDN”) List or the EAR’s Entity List or Denied Persons List (collectively, “Restricted Parties”), or any person acting on behalf of such party.


Section 14. Controlling Law and Severability

These Terms of Use and Your use of JaimePOS.com or its Content or any of the Services is governed by and construed in accordance with the laws of the United States and the State of Nevada, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.

Any cause of action with respect to JaimePOS.com or its Content or these Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Las Vegas, Nevada. 


Section 15. Terms of Products

Customer agrees that domestic products by JaimePOS of any shipments tendered to JaimePOS shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE invoice, Label, or Manifest, any applicable product/service agreement between Customer and JaimePOS covering such products, Standard Conditions of Products, copies of which are available upon request, and which are incorporated into these Terms of Use by reference. If there is a conflict between the Invoice Documentation and any such document than in effect or these Terms of Use, then the product/service agreement, Standard Conditions of Product, or these Terms of Use will control, in that order of priority.

Unless otherwise indicated, the shipper’s address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient’s address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Invoice Documentation the first carrier of all shipments is JaimePOS, 7317 Gran Paradiso Dr, Las Vegas, NV  89131.


Section 16. Assignment and Non-Waiver

You may not assign Your rights or delegate Your duties under these Terms of Use. Failure or delay by JaimePOS to exercise any right, remedy, power or privilege hereunder, shall not constitute a waiver thereof. A waiver, to be effective, must be in writing and must be signed by the party making the waiver. A written waiver of a default shall not operate as a waiver of any other default or of the same type of default on a future occasion. 


Section 17. Announcements and Email Communications

Neither JaimePOS nor You shall make any press release or announcement containing the other’s name without the prior written approval of the other party and then only after the other party has reviewed and approved the specific text of the press release or announcement. You agree that JaimePOS may use the email address(es) that you provide when enrolling on JaimePOS.com, as updated, to communicate with you regarding JaimePOS.com, its Content and the Services. 


Section 18. Complete Agreement and Modification

These Terms of Use shall constitute the complete agreement of the parties with respect to the subject matter and supersedes any and all prior or contemporaneous discussions, statements, understandings, representations or agreements, written or oral, regarding the subject matter. No amendment too or modification of this Agreement will be binding on JaimePOS without JaimePOS’s written consent. 

 

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