Rogers Software & SuperSalon End User License Agreement

These license terms are an agreement between Rogers Software Development, Inc (or First POS India Private Limited) and you. Please read them. They apply to the software that accompanies these license terms, which includes the media on which you received it, if any. The terms also apply to any:

• Downloads (such as SuperSalon POS)
• Updates (such as updates or patches to SuperSalon, I-Office, Kiosk, etc)
• Supplements (such as user guides, user manuals, checklists, training videos, etc)
• Internet-based services, (such as the I-Office, RateMyVisit.com, SuperSalon.com, SuperSalon.in, FirstPOS.in Salon360.com, forums)
• Support services, (such as technical support, system setup, installation assistance, etc)

For this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT FOR A REFUND OR CREDIT.

THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND ROGERS SOFTWARE DEVELOPMENT, INC. BY INSTALLING OR USING THE SUPERSALON POS SOFTWARE, THE SUPERSALON I-OFFICE AND RATEMYVISIT (THE SOFTWARE) YOU ARE AGREEING TO BE BOUND BY AND TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY AND TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, RETURN PROMPTLY ANY SOFTWARE DISKS AND ACCOMPANYING DOCUMENTATION TO ROGERS SOFTWARE DEVELOPMENT, INC. AND COMPLETELY UNINSTALL AND DISCONTINUE USE OF THE SOFTWARE.

1. GRANT OF LICENSE: The software is licensed, not sold. This agreement only gives you some rights to use the software. Rogers reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. Subject to and in accordance with the terms and conditions of this License Agreement, Rogers Software Development Inc. grants you, and you accept, a limited, non-transferable license to use (the "Software") and the Documentation only for the specific purposes set forth herein, and for no other purpose. The purpose for which the foregoing limited, non-transferable license is granted is to permit you to use the Software to assist you in retail sales and management on a single computer or a single network server supporting no more than the permitted number of network users at one time.

2. USE RESTRICTIONS: Without enlarging in any way the scope of the limited license set forth above, you agree not to do any of the following:

• Copy the Software for any purpose other than for backup purposes;
• Copy the Documentation for any purpose;
• Use the Software on or gain access from more than one machine at a time, nor install it in a fashion that makes it available for running on or access from more than one machine at a time unless, in conjunction with your purchase of a license to use the Software, you have paid local area network or wide area network concurrent user fees and any other charges imposed by Rogers Software Development Inc. for such use or access. If you have paid such fees, then you agree not to allow more than the licensed number of users to use the Software at one time. ("More than one machine" includes, among other things, use on a local area or wide area network or a multi-user computer with several terminals.)
• Rent, lease, license, sub-license, or assign the use of the Software to others.
• Alter, modify, or adapt the Software.
• Work around any technical limitations in the software.
• Reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation.
• Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• Publish the software for others to copy;
• Use the software in any way that is against the law.

3. ADDITIONAL LICENSING AGREEMENTS AND USE RESTRICTIONS: (AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES:)

• Remote Access. The single primary user of the licensed device may access and use the software installed on the licensed device remotely from any other device. You may allow other users to access the software to provide you with support services. You do not need additional licenses for this access. No other person may use the software under the same license at the same time for any other purpose.
• Multiplexing. Hardware or software you use to:
  • pool connections, or
  • reduce the number of devices or users that directly access or use the software (sometimes referred to as "multiplexing" or "pooling"), does not reduce the number of licenses you need.
• Trial and Conversion. Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented upon request.
• Subscription Software. If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the software until the end of your extended subscription period. If the period is month to month then your license is renewed for an additional month with each payment.
• MANDATORY ACTIVATION. Activation associates the use of the software with a specific device. During activation, the software may send information about the software and / or the device to Rogers. This information includes the version, the license version and the product ID of the software, Internet protocol address of the device and information derived from the hardware configuration. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
• VALIDATION. The software may from time to time validate the license. Validation verifies that the software has been activated and is properly licensed. Validation also permits you to use certain features of the software or to obtain additional benefits.
  • During a validation check, the software will send information about the software to Rogers. This information includes the version of the software and the product key. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
  • If the software is not properly licensed, the functionality of the software may be affected. For example, you may need to reactivate the software to continue use.
• INTERNET-BASED SERVICES. Rogers provides Internet-based services with the software.
  • Consent for Internet-Based Services. The software features described below connect to Rogers or other service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. For more information about these features, contact technical support. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF SALES, PAYMENT PROCESSING, COMPANY, EMPLOYEE AND CUSTOMER INFORMATION.
  • Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software, and most importantly data. Rogers uses this information to make the Internet-based services available to you.
    • SuperSalon (data uploads, data and software downloads, payment processing, validation, etc)
    • I-Office (Remote data access)
    • RateMyVisit (Customer feedback system)

4. EXPORT RESTRICTIONS: The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

5. SUPPORT SERVICES: Rogers provides fee-based support services for the software.

6. ENTIRE AGREEMENT: This license agreement (including the warranty below), any addendum or amendment included with the software are the entire agreement for the software and support services. No representative of ROGERS SOFTWARE DEVELOPMENT, INC. other than a corporate officer is authorized to alter its terms, and an officer may do so only in writing.

7. APPLICABLE LAW:

• United States. If you acquired the software in the United States, Alaska state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
• Outside the United States. If you acquired the software in any other country, the laws of that country apply.

8. LEGAL EFFECT: This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

9. LIMITATION ON AND EXCLUSION OF DAMAGES: YOU CAN RECOVER FROM ROGERS AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

• This limitation applies to:
  • anything related to the software, services, web-based content and services, content (including code) on third party Internet sites, or third party programs; and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
• It also applies even if:
  • repair, replacement or a refund for the software does not fully compensate you for any losses; or
  • Rogers knew or should have known about the possibility of the damages.
  • Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

10. COPYRIGHT: The copyright in the Software, in the date or test retrieved, display, or output by the Software and in the Documentation is owned by Rogers Software Development Inc., and is protected by the copyright laws of the United States of America and the laws of foreign countries pursuant to international treaties. Except as otherwise permitted by this License Agreement and the provisions of 17 U.S.C. Section 107 governing fair use, you may not copy, reproduce, distribute, or prepare derivative works based upon the Software or the Documentation, or otherwise engage in any other activities concerning the Software or the Documentation which infringe upon or violate the exclusive rights of Rogers Software Development Inc. Limited Warranty and Limitation of Remedies 4. Rogers Software Development Inc. warrants that the media on which the Software is delivered will be free from defects in material and workmanship for a period of ninety (90) days form the date of receipt by you. Your sole and exclusive remedy with respect to any defects shall be the right to return such materials. Rogers Software Development Inc.'s sole liability to you shall be the replacement of any diskette that is not free from defects in material and workmanship.

11. GENERAL DISCLAIMER AND LIMITATIONS OF LIABILITY

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROGERS SOFTWARE DEVELOPMENT, INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OR MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE STATED IN PARAGRAPH 1. MOREOVER, OUR REMEDIES FOR BREACH OF THE LIMITED WARRANTY ARE LIMITED TO THAT STATED IN THIS SECTION (11). THIS LIMITATION EXCLUDES RECOVERY OR DAMAGES OF ANY KIND. No Liability for Consequential Damages TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROGERS SOFTWARE DEVELOPMENT, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, DATA LOSS OR THEFT, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR THE INABILITY TO USE THE SOFTWARE OR SERVICES, EVEN IF ROGERS SOFTWARE DEVELOPMENT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Software or Web-Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, availability and validity of any and all features and functions of the Software and Web-services, including, without limitation, Postings, Ratings and Materials associated with your use of the Site to the extent of the law.
• YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, SUPERSALON, THE PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SOFTWARE OR WEB-SERVICES OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES
• LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Rogers materials that you receive in or with the software.
• TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will not apply to the recipient.
• TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
• EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Rogers reasonable control.
• REMEDY FOR BREACH OF WARRANTY. ROGERS WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF ROGERS CANNOT REPAIR OR REPLACE IT, Rogers WILL REFUND THE AMOUNT YOU PAID FOR THE ORIGINAL PURCHASE OF THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF ROGERS CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO Rogers WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
• CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
• WARRANTY PROCEDURES. You need proof of purchase for warranty service.
• For warranty service or information about how to obtain a refund for software contact Rogers at:
  • USA Phone: 888-458-1001 or email support@rogerspos.com
• NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM ROGERS. ROGERS GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, Rogers EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
• LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
• PROFESSIONAL RESPONSIBILITY: You acknowledge that you are purchasing the licenses hereunder to assist you in your chosen profession and you further acknowledge that is it your responsibility to review the results suggested to you by the Software prior to their implementation.
• Governing Law. In case of any dispute, this License Agreement will be governed by the law of the State of Alaska. Copyright issues are an exception, as copyright is governed by the law of the United States.
• No Assignment. The licenses granted pursuant to this License Agreement are personal to you, and under no circumstances may be assigned or transferred by you without ROGERS SOFTWARE DEVELOPMENT, INC.'s prior written consent. Any attempted assignment or transfer shall be null and void and shall result in the immediate and automatic termination of the license granted under this License Agreement
• ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE: All controversies, disputes, demands, counts, claims, or causes of action between RSD and You, including disputes arising out of, under, or related in any way to the Terms of Use, the RSD's websites or mobile applications, the use of RSD's websites or mobile applications, or the validity of this Terms of Use, shall exclusively be settled through binding arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by these Terms of Use, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures").

  You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

  You and RSD must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b)if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by You and RSD, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR RSD MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) 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, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, RSD will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) RSD also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either You or RSD shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/RSD customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.

  Notwithstanding the foregoing, either You or RSD may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Arizona. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Arizona in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of the courts located within Arizona. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

  With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor RSD shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable by a court, or in the event AAA refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between RSD and YOU shall be exclusively brought in the state or federal courts located in Arizona. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

  CHOICE OF LAW: The Terms of Use is made under and shall be governed by and construed in accordance with the laws of the State of Arizona, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

12. SPECIFIC LIABILITY DISCLAIMERS AND FEES: We want you to have a good experience with our products. We have listed some potential problems that may be avoided with extra care, and for which Rogers Software Development (to the maximum extent permitted by law) cannot take responsibility. This policy helps keep all of our customers' support costs down. Please review the following disclaimer in addition to the remainder of the End User License Agreement.

• Credit Card Deposits: RSD cannot be responsible for credit card transactions not deposited to your account. During setup we make our best effort to ensure that integrated credit card processing is setup correctly. As we do not see your bank statements, we have no way of confirming that deposits are being made correctly. Please confirm as soon as possible that all sales are being deposited correctly. If not, please contact us as soon as possible be emailing support@rogerspos.com or calling 888-458-1001.
• Long Distance Charges: RSD cannot be responsible for long distance charges. During setup we may provide a dial up Internet account. We attempt to provide a local number from the same area code, city or as close to these as possible. Occasionally, local phone companies charge long distance rates to numbers in the same area including numbers in the same area code. As we do not see the phone bill, we have no way of confirming that no fees are assessed. Please confirm as soon as possible that the number is NOT being assessed long distance charges. If you need to know the number, please email support@rogerspos.com or call 888-458-1001. You will need to provide the name, address and phone number of the salon.
• Maintaining PC Operating System: RSD cannot be responsible for the performance or maintenance of PC Operating systems (Windows 2000/XP/Vista or Linux). This includes bugs, viruses, spyware and other malware. Your operating system requires occasional security patches, updates, and service packs. You need to ensure that Windows is set to update automatically and that it is receiving and installing updates and other maintenance releases. We also recommend that you install AntiVirus such as: www.microsoft.com/security_essentials/support.aspx?mkt=en-us
• Third party software and hardware: RSD cannot be responsible for other software installed on the system by the end user, or for hardware not purchased from RSD. Common examples include video surveillance software or hardware; routers, switches, hubs and modems; email applications; office applications, publishing and accounting software, antivirus software, remote access software, etc. Providing support to hardware or software not purchased from us puts us in a position of being responsible if it fails or is configured incorrectly. We cannot accept this responsibility. We specifically cannot be held responsible for the security of your network. Customers who open ports on their network to support various types of remote access increase their risk of breaches. Customers who , even with our assistance, make changes to their network or firewall, assume all risk related to network security. Note: If our staff is asked to assist with any hardware or software not purchased from us, such as network or computer hardware, we reserve the right to help, but we still disclaim all liability as mentioned above. We also reserve the right to charge an additional service fee for working on any hardware or software not purchased from us at a rate of $50 per hour, minimum one hour.
• Value of lost time or revenue (or other damages): We will provide our best support, but we cannot pay for your time, lost revenue or other damages in the event of problems with support services, software, hardware, networks or web services.
• Hardware Repair: RSD is not liable for hardware repairs or damages. We will assist in coordinating warranty repairs, but all such hardware warranty repairs are in accordance with manufacturer's RMA and repair policies; we are not responsible for shipping charges. We sometimes loan equipment if available, but must charge shipping. Please ask us about advance replacement "hot swap" warranties that may be available for a nominal fee. Please also note that we CANNOT support hardware that was not purchased from us. It unreasonably puts us in a position of liability.
• Hardware Maintenance: RSD is not liable for hardware maintenance. Your CPU and other hardware may fail prematurely if not kept clean due to overheating. We recommend that you have a qualified person remove all power from the hardware, and carefully use pressurized air or a vacuum to remove all dust, lint and hair from your hardware. It is especially important to clean cooling ports, shrouds, screens and fans in the CPU and power supply. Please also note that if the CPU is kept in a cabinet it must have proper ventilation or it can overheat. Rogers Software can provide on-site maintenance for a fee.
• ISP Hardware: RSD cannot provide support for or be liable for configuration and troubleshooting of hardware provided by Internet Service Providers or phone companies. This includes hubs, routers, networking equipment, phone lines, etc.
• Software License Transfer Fee: A $250 Software License Transfer Fee will be applied in the event of a change of ownership. The licenses granted pursuant to this Software License Agreement are personal to you, and under no circumstances may be assigned or transferred by you without ROGERS SOFTWARE DEVELOPMENT, INC.'s prior written consent.
• Payroll: On your first few payroll cycles, please ensure that pay and commission and tips are set up properly and are calculating properly. We cannot be liable for incorrect payroll.
• Power: Clean stable power is important to proper functioning and longevity of your hardware. Brown-outs, black-outs, power surges and "dirty" power can destroy your hardware, and can potentially destroy your data. We highly recommend using an uninterruptible power supply, preferably one with power conditioning.
• Sales Taxes and Royalties: RSD cannot be responsible for ensuring that sales tax rates are correct for each location. Please verify after initial setup that all taxes are set correctly, and please adjust and verify every time there is a change in your local tax rates. RSD cannot be responsible for ensuring that royalty rates are correct for each location. Please verify after initial setup that all royalties are set correctly, and please adjust and verify every time there is a change in your royalty rates.
• PCI Compliance & data security: RSD cannot be responsible for ensuring that your business is PCI compliant or that your data is secure. PCI compliance involves many things out of our control including your network, firewall and computer software settings, your business policies and controls, access to the computer, etc. We are continually improving our systems, but we do not guarantee compliance or adequate security. Please see SuperSalon Security Policies And Recommendations at www.supersalon.com/security For more information on PCI compliance we recommend you read the information on the following web site: http://www.pcicomplianceguide.org/merchants.php
• Integrated Credit Card Processing via dialup: RSD does not recommend using integrated processing over dial-up connections and may not be able to support processing or settlement connections. If you cannot get high speed (Cable or DSL) we recommend you use a processor-supplied terminal.
• Integrated Credit Card Processing security: RSD offers integrated card processing using encrypted card readers. These readers only work with specific processors such as Securenet. We have offerings whereby we can convert you to encrypted readers at no charge. If you choose to continue to use unencrypted readers on existing systems, or choose unencrypted readers for new systems, you specifically agree that you understand the increased risk associated, and assume all liability for credit card data theft. (Note that we have always disclaimed all liability for PCI compliance and security breaches in general, we just want you to understand that unencrypted readers have higher risk then encrypted readers.)
• E-mail: Some of our services can be configured to send e-mails to our users or directly to customers. RSD cannot be held responsible for e-mail not being received or understood. Many systems including spam filters, e-mail clients, invalid e-mail accounts, and networking issues can prevent e-mail from being received. To help ensure that e-mail from RSD can be received, make sure to configure e-mail clients and spam filters to allow e-mail from any address that contains "@rogerspos.com". If you need additional help, please e-mail "support@rogerspos.com".
• SMS: Some of our services can be configured to send or receive SMS & MMS messages. RSD cannot be responsible for ensuring that your business properly uses or offers SMS services. You are responsible for ensuring recipients have properly opted-in and agreed to receive SMS/MMS messages before enabling these features. Potential recipients must read and agree to appropriate "terms of use" that you provide. Please consult qualified legal advice, and implement procedures to properly allow customers to opt-in to SMS at any points you are enaeling the system. Here are some general guidelines. Nothing herein constitutes legal advice.
• Additional Fees: Please be aware that in addition to the standard support packages (I-office, tech support, updates and data backup) That there are a few additional fees that you may encounter. 1) If you discontinue using the POS system but wish to continue using the I-Office to access prior data [Example: you sell your salon but wish to have access to old data for tax purposes] there is a $20 per month fee for I-Office access only. 2) If you wish to transfer your SuperSalon license to a new company or owner, there is a $250 transfer fee. This covers our cost of archiving the data, moving the databases, validating data, and setting up salon with new account. If you request that we work on any hardware of software not purchased from us, you agree that we reserve right to charge $50 per hour, minimum one hour.
• Use of Web Services & Smartphone Apps: We offer various web services including RateMyVisit.com, salon360.com, iOffice.supersalon.com, saloncheckin.com and related smartphone apps. Web services are not 100% reliable. We cannot accept responsibility for any consequences resulting from your inability, or your customer's inability to access information via our web services. We also cannot accept responsibility for the accuracy or timeliness of the information delivered via web services or smartphone apps.
• State Taxes on Purchases from Rogers Software. We do not charge sales tax on items purchased from SuperSalon outside of Alaska. You must agree to pay any purchase tax or use tax on items purchased from Rogers that may be due to your State.

SalonCheckin Terms of Use

User Agreement:

This USER Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the salon check in and appointment services (the "Services") being offered at the URL: http://www.saloncheckin.com and all affiliated web sites and mobile applications operated by Rogers Software Development, Inc and its affiliates. (collectively, "RSD"). As used in this Agreement, "RSD" refers to Rogers Software Development, Inc. and any of its subsidiaries and affiliates, and "USER" or "you" refers to you. USE OF THE SERVICES AND THE SALONCHECKIN SITE AND APPLICATIONS CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT.

RSD may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the RSD Site after a change in this Agreement, or after implementation of any other new policy constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.

• WHAT WE DO: RSD provides the Services to USER for the purpose of assisting USER in checking-in or making an appointment (the "reservations") at participating third party barbershops, salons, spas, schools, etc (each a "Salon"). In response to a USER's online request, the RSD Site directly contacts the Salon's computerized wait list or appointment book. The availability is determined at the time of USER's query. Once a reservation is made by USER, RSD may provide confirmation of the reservation to USER by email, SMS or mobile app. By using the Services, USER agrees to receive confirmations through the RSD Site.
• NO SHOW POLICY: RSD is committed to providing superior quality services to its USERS and alons. To assist us in maintaining a consistently high level of service with the participating Salons and patrons, USERS are asked to cancel any reservation that they will be unable to honor at least 30 minutes in advance on the day of the reservation. You may cancel your reservation online or call the Salon directly. In the case of larger party reservations, where the Salon has requested a credit card, you may be required to cancel your reservation in accordance with that Salon's individual cancelation policy.

  If you are unable to keep your reservation and you fail to cancel, RSD will send you an email letting you know that our records indicate that you were a no-show. By using the Services, USER agrees to receive no-show confirmations by email after a Salon and/or the RSD Site reports your reservation was not honored, whether or not that was in fact the case. Your RSD account may be terminated if you no-show for four reservations within the same twelve-month period. If you receive a no-show confirmation in error, please contact us at support@rogerspos.com to dispute it. USER agrees that all final no-show determinations will be made by RSD in its sole discretion.

• PRIVACY POLICY: RSD is committed to safeguarding your privacy online.
• USAGE GUIDELINES: The Services are being offered to USER for USER's personal use. USER agrees to use the Services only to book reservations at participating Salons and then honor those reservations by arriving at the Salon(s) on time and paying for services received. USER further agrees not to book more than one (1) reservation for USER's personal use during any one time. Resale or attempted resale of reservations is prohibited, and is grounds for, among other things, cancellation. RSD expressly reserves all its rights and remedies under applicable state and federal law.

  Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. RSD reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel reservations.

• EMAIL / SMS POLICY: You may receive periodic email and SMS communications from RSD if you opted to receive such email at the time of registration. If you would rather not receive email messages from RSD, please send an email to nomail@rogerspos.com and you will be unsubscribed from receiving further mailings. If you would rather not receive SMS messages from RSD, please send an email to nosms@rogerspos.com and you will be unsubscribed from receiving further SMS messages. USER acknowledges and agrees, however, that USER will still receive reservation confirmation emails, no-show confirmation emails, reservation change confirmation emails, reservation cancelation confirmation emails and other emails relating to reservations booked by USER through the RSD Site, even if USER has opted not to receive periodic email from RSD.
• INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER: The materials and services provided for and depicted on the RSD Sites are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the RSD Site ("RSD Content") is provided to USER by RSD for the sole purpose of using the Services. USER shall not copy, display, modify, create derivative works of, publish, or sell the RSD Content or any information, software, or services provided by RSD hereunder. The RSD Content may be modified from time to time by RSD in its sole discretion. Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the RSD Content by USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of RSD or its licensors in the Services or RSD Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of RSD or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of RSD or its licensors in the Services or RSD Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of RSD or any third party is granted under this Agreement.
• REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT: At RSD’s invitation, USER may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Salons and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. RSD reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.

  If you do submit material, and unless we indicate otherwise, you grant RSD a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify RSD for all claims resulting from content you supply. RSD has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by RSD in its sole discretion. RSD takes no responsibility and assumes no liability for any content submitted by you or any third party.

• ACCESS AND INTERFERENCE: Much of the information on the RSD Site is updated on a real time basis and is proprietary or licensed to RSD by its Salons or third parties. By using the RSD Site, you agree not to:Use any robot, spider, scraper or other automatic device, process or means to access the RSD Site for any purpose without RSD’s express written permission. Take any action that imposes or may impose (in RSD’s sole discretion) an unreasonable or disproportionately large load on our infrastructure. Implement any manual processes to monitor or copy RSD Content from the RSD Site without express written permission. Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the RSD Site. RSD's web content and mobile app content may not be compatible with all systems, browsers, settings, operating systems, etc.
• LIABILITY LIMITATIONS: IN NO EVENT SHALL RSD BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE RSD SITE OR THE RSD CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE RSD SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY SALON OR OTHER BUSINESS IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE RSD SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE RSD SITE OR THE RSD CONTENT. RSD IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SALON IN WHICH A USER HAS MADE A RESERVATION. ASIDE FROM THE SERVICES PROVIDED ON THE RSD SITES. RSD IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED SALON.
• DISCLAIMER OF WARRANTY: THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE RSD SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE RSD CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. RSD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE RSD SITE, THE RSD CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
• LINKS TO THIRD PARTY SITES: The RSD Site may contain hypertext links to Web sites operated by parties other than RSD. Such hypertext links are provided for USER's reference only and RSD does not control such Web sites and is not responsible for their content. RSD's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
• SEVERABILITY: If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
• NO ASSIGNMENT: This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by RSD.
• WAIVER: Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
• ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE: All controversies, disputes, demands, counts, claims, or causes of action between RSD and You, including disputes arising out of, under, or related in any way to the Terms of Use, the RSD's websites or mobile applications, the use of RSD's websites or mobile applications, or the validity of this Terms of Use, shall exclusively be settled through binding arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms of Use, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).

  You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

  You and RSD must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b)if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by You and RSD, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR RSD MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) 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, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, RSD will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) RSD also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either You or RSD shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/RSD customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.

  Notwithstanding the foregoing, either You or RSD may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Arizona. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Arizona in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of the courts located within Arizona. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

  With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor RSD shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable by a court, or in the event AAA refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between RSD and YOU shall be exclusively brought in the state or federal courts located in Arizona. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

• CHOICE OF LAW: The Terms of Use is made under and shall be governed by and construed in accordance with the laws of the State of Arizona, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

RateMyVisit Terms of Use

User Agreement:

This USER Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the salon rating services (the "Services") being offered at the URL: http://www.ratemyvisit.com and all affiliated web sites and mobile applications operated by Rogers Software Development, Inc and its affiliates. (collectively, "RSD"). As used in this Agreement, "RSD" refers to Rogers Software Development, Inc. and any of its subsidiaries and affiliates, and "USER" or "you" refers to you. USE OF THE SERVICES AND THE RATEMYVISIT SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT.

RSD may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the RSD Site after a change in this Agreement, or after implementation of any other new policy constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.

• WHAT WE DO: RSD provides the Services to USER for the purpose of assisting USER rating their experience (the "Services') at participating third party barbershops, salons, spas, schools, etc (each a "Salon"). In response to a USER's online review, the RSD Site directly contacts the Salon's computerized database with the rating information. Salon owners review these ratings to help them improve service levels.
• PRIVACY POLICY: RSD is committed to safeguarding your privacy online.
• USAGE GUIDELINES: The Services are being offered to USER for USER's personal use. USER agrees to use the Services only to rate their experience at participating Salons. Providing incorrect and defamatory information is prohibited. RSD expressly reserves all its rights and remedies under applicable state and federal law.

  Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. RSD reserves the right, in its sole discretion, to refuse service, terminate accounts or remove or edit content.

• EMAIL / SMS POLICY: You may receive periodic email and SMS communications from RSD if you opted to receive such email. If you would rather not receive email messages from RSD, please send an email to nomail@rogerspos.com and you will be unsubscribed from receiving further mailings. If you would rather not receive SMS messages from RSD, please send an email to nosms@rogerspos.com and you will be unsubscribed from receiving further SMS messages. USER acknowledges and agrees, however, that USER will still receive reservation confirmation emails, no-show confirmation emails, reservation change confirmation emails, reservation cancelation confirmation emails and other emails relating to reservations booked by USER through the RSD Site, even if USER has opted not to receive periodic email from RSD.
• INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER: The materials and services provided for and depicted on the RSD Sites are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the RSD Site ("RSD Content") is provided to USER by RSD for the sole purpose of using the Services. USER shall not copy, display, modify, create derivative works of, publish, or sell the RSD Content or any information, software, or services provided by RSD hereunder. The RSD Content may be modified from time to time by RSD in its sole discretion. Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the RSD Content by USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of RSD or its licensors in the Services or RSD Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of RSD or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of RSD or its licensors in the Services or RSD Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of RSD or any third party is granted under this Agreement.
• REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT: At RSD’s invitation, USER may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Salons and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. RSD reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.

  If you do submit material, and unless we indicate otherwise, you grant RSD a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify RSD for all claims resulting from content you supply. RSD has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by RSD in its sole discretion. RSD takes no responsibility and assumes no liability for any content submitted by you or any third party.

• ACCESS AND INTERFERENCE: Much of the information on the RSD Site is updated on a real time basis and is proprietary or licensed to RSD by its Salons or third parties. By using the RSD Site, you agree not to:Use any robot, spider, scraper or other automatic device, process or means to access the RSD Site for any purpose without RSD’s express written permission. Take any action that imposes or may impose (in RSD’s sole discretion) an unreasonable or disproportionately large load on our infrastructure. Implement any manual processes to monitor or copy RSD Content from the RSD Site without express written permission. Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the RSD Site. RSD's web content and mobile app content may not be compatible with all systems, browsers, settings, operating systems, etc.
• LIABILITY LIMITATIONS: IN NO EVENT SHALL RSD BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE RSD SITE OR THE RSD CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE RSD SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY SALON OR OTHER BUSINESS IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE RSD SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE RSD SITE OR THE RSD CONTENT. RSD IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SALON IN WHICH A USER HAS MADE A RESERVATION. ASIDE FROM THE SERVICES PROVIDED ON THE RSD SITES. RSD IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED SALON.
• DISCLAIMER OF WARRANTY: THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE RSD SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE RSD CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. RSD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE RSD SITE, THE RSD CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
• LINKS TO THIRD PARTY SITES: The RSD Site may contain hypertext links to Web sites operated by parties other than RSD. Such hypertext links are provided for USER's reference only and RSD does not control such Web sites and is not responsible for their content. RSD's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
• SEVERABILITY: If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
• NO ASSIGNMENT: This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by RSD.
• WAIVER: Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
• ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE: All controversies, disputes, demands, counts, claims, or causes of action between RSD and You, including disputes arising out of, under, or related in any way to the Terms of Use, the RSD's websites or mobile applications, the use of RSD's websites or mobile applications, or the validity of this Terms of Use, shall exclusively be settled through binding arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms of Use, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).

  You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

  You and RSD must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b)if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by You and RSD, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR RSD MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) 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, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, RSD will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) RSD also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either You or RSD shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/RSD customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.

• Notwithstanding the foregoing, either You or RSD may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Arizona. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Arizona in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of the courts located within Arizona. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
• With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor RSD shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable by a court, or in the event AAA refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between RSD and YOU shall be exclusively brought in the state or federal courts located in Arizona. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
• CHOICE OF LAW: The Terms of Use is made under and shall be governed by and construed in accordance with the laws of the State of Arizona, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Giveaway Rules

ROGERS SOFTWARE HOLIDAY POS SYSTEM GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN

SPONSOR: The contest is sponsored by Rogers Software Development, Inc. (“Sponsor”), an Alaska corporation with principal place of 3650 Braddock St, 10th Floor, Fairbanks, AK, 99701

ELIGIBILITY:

• Rogers Software's POS System Giveaway (the “Giveaway”) is open to residents of the 50 US states (including the District of Columbia) that are at least 18 years of age as of the date of their entry. Employees of Rogers Software and their immediate family members (mother, father, sibling, child) and/or those living in the same household of each are not eligible. Void where prohibited by law. Users must have a Facebook account and LIKE Rogers Software to be eligible. Only one Facebook account per person is eligible.
• PRIZES and APPROXIMATE RETAIL VALUES: One (1) prize will be awarded. Each prize includes one (1) SuperSalon POS System including a computer, keyboard, mouse, touch screen monitor, receipt printer, cash drawer and SuperSalon Software. APPROXIMATE RETAIL VALUE (“ARV”): $3699.00. All federal, state and local taxes are the sole responsibility of winners. Technical Support and other ancillary systems and services not included, and available for a fee. One prize (1) will be awarded via a random drawing. The winner will be selected by drawing.
• DATES: The Giveaway will run from December 1 2011 through January 30, 2012. Drawing will be held on January 31, 3012
• ENTRY FOR DRAWING: Entries may be earned in the following way:
  • LIKE SuperSalon on Facebook. Users who LIKE Rogers Software on Facebook will receive one entry per date of the drawing.
  • List your Salon on Saloncheckin.com Users who sign up for saloncheckin.com will receive one entry per date of the drawing.
• RANDOM DRAWING: Sponsor will select a winner randomly from among all eligible entries. Sponsors' decisions as to the administration and operation of the Sweepstakes and the selection of the Winners are final and binding in all matters related to the Sweepstakes.
• ODDS: Odds of winning any random drawing will depend on the number of valid entries received during each applicable Entry Period.
• WINNER NOTIFICATION: Each Drawing Winner will be notified in private, via email, phone or Facebook message. If any Winner notification remains unanswered for more than forty-eight (48) hours, the prize will be forfeited in its entirety. It is the Entrant's sole responsibility to contact Sponsor to collect Prize. Once winners have confirmed their status as an eligible winner, Sponsor will announce winners via Sponsor's Facebook account.
• Once announced, Winner will be responsible for providing Rogers Software with his or her full name, email address, and mailing address (P.O. Boxes are not permitted). Winners will be required to execute and return an Affidavit of Eligibility and Liability/Publicity release (where legal) within fourteen (14) days of notification attempt or the prize will be forfeited and an alternate winner will be selected by random drawing. All prizes will be mailed out within fourteen (14) days of Giveaway close.
• USE OF INFORMATION: All personal information will be handled in accordance with Sponsor's Privacy Policy which can be viewed at www.supersalon.com/privacy
• PUBLICITY: Acceptance of Prize constitutes permission to use Winners' names, photographs, likenesses and geographical data for advertising and promotional purposes in any media throughout the world, without further notice, right of review, approval or compensation except where prohibited by law.
• RELEASE: Participants agree to release and hold Sponsor and its respective officers, directors, employees and agents harmless from all liability, damage, losses or injury to person or property resulting from or incurred in connection with their acceptance, forfeiture or use of any prize or their participation in the sweepstakes. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this promotion or use or redemption and/or use of any prize.
• LIMITATION OF LIABILITY: Rogers Software is not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed telephone or computer hardware or software or other technical failures, unauthorized human intervention, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of entry information online regardless of cause.
• GENERAL CONDITIONS: By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of the judges. Sponsor is not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the promotion.
• Multiple Facebook accounts are prohibited. Winners that are found to have multiple Facebook accounts will be disqualified.
• Any use of robotic; automatic, programmed or like entry methods will void all entries affected by such methods and be deemed tampering. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner.
• Any attempt by an individual to deliberately damage any website or undermine the legitimate operation of this promotion is a violation of criminal and civil laws. Should such an attempt be made, Rogers Software reserves the right to seek damages from any such individual to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.

WINNER LIST: Winner will be posted on supersalon.com within 30 days of selection.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Copyright © 2002-2009 Rogers Software Development Inc. All Rights Reserved
Salon Software, Salon & Spa Software, Beauty Salon Software, Salon & Spa Management, Salon & Spa
Manager, Salon & Spa Equipment, Salon & Spa Computer, Salon Point of Sale Systems
For Sales Information Call 888-458-1001 Email sales@rogerspos.com