This is a legally binding agreement. If you do not agree in full to this agreement, please do not use any of our Services or access our Website. We maintain the right to modify, alter or amend this agreement from time to time and will post notification on our website. You are responsible for familiarizing yourself with any changes. Your continued use of our Services after notice of changes to this agreement will mean you accept those changes.
If you represent or are otherwise entering into this agreement on behalf of a corporation or other legal entity, you confirm that you have the authority to bind such entity and its affiliates into these Terms. In that case the terms "Client", "you" or "your" shall also refer to such legal entity and its affiliates. If you do not have said authority you may not enter into this agreement or use any of our Services.
These Terms of Service, in combination with all incorporated agreements, additions, amendments, supplements and any HTP Rules or policies (collectively the "Agreement") are applicable to HTP Services. This is a binding agreement between High Trek POS ("HTP") and any individuals that use our software, applications and/or Website (“Service”, “Services”, “HTP Services”), including without limitation entities that use our Service for their product or service ("Client"), third-parties that place reservations on behalf of Clients (“Agent”), and consumers that use our Service (“Customer”) in any fashion. This Agreement governs your use of the High Trek POS Services, including all related documentation. All Services provided are licensed, not sold, to you.
BY LOGGING IN, ACCESSING OR OTHERWISE USING ANY HTP SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY HTP SERVICES.
"De-identified" means data that has been processed to remove, hide, encrypt, anonymize or aggregate identifying information such that one could not, using reasonable efforts, link such information back to you.
"Client Data" means data entered or uploaded by you to any HTP Services. This also includes sales data generated by your company.
"End User Data" means data entered or uploaded by Customer or you to any HTP Services
"High Trek POS" ("HTP", "we", "us" or "our") represents Alpha Goat Development, LLC doing business as High Trek POS and includes High Trek POS employees, contractors and any related corporate affiliates.
"Hosted Software" means the online software, platform and any pages from our Website which you can access via the HTP Services and your account that are hosted and maintained by HTP.
"HTP Data" means any and all information, including, but not limited to, data, analyses, measurements, reports, trends, and metrics, generated from, derived from, based on or related to Client Data and End User Data.
"Intellectual Property” means any invention, designs, copyrights, data, know-how, concepts, ideas, process, patents, patent rights, copyrights, trade secrets, trademarks, trade names, service marks and other intellectual property embodied therein and all applications and rights to apply for registration or protection rights pertaining thereto.
"Mobile Device" means a device which is not stationary such as smartphone, tablet, or other mobile computing device on which any HTP Services are accessible, install-able or installed.
"Services" means any and all Software, hosted or otherwise, and related platforms with interactive tools such as to conduct bookings, point of sale, accounting, digital waivers, and other operational activities conducted on the platform by the client or the end users.
"Website" means the website accessible at HighTrekPOS.com or *.AlphaGoat.com including but not limited to any and all subdomains, subdirectories, subpages or any page accessible via the HTP Services.
"Your Account" means the online High Trek POS account you create to access the High Trek POS Software and store Your Content.
"Your Content" means any software, data, text, audio, video, images or other materials uploaded onto the High Trek POS Software using Your Account, or otherwise processed, used or stored in connection with Your Account.
Upon entering into this Agreement, we grant you a limited, non-transferable, revocable, and non-exclusive license to access and use the High Trek POS Software or Services only in accordance with this Agreement and for the purpose of:
A. managing your inventory (product or service);
B. managing your Customer database;
C. collection of liability waivers; and
D. processing electronic bookings by your Customers, subject to the terms and conditions of this Agreement.
3. License Restrictions
A. You shall not:
1. allow access to or use of the High Trek POS Software or Services by anyone other than you and your representatives;
2. build a competitive product or service or build a product or service using similar ideas, features, functions or graphics of the High Trek POS Software;
3. copy any ideas, features, functions or graphics of the High Trek POS Software, except in each case such use for your internal purposes;
4. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Software, the Hosted Software, Services or any part thereof;
5. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the HTP Software;
6. rent, lease, lend, sell, sublicense, assign, distribute, publish, publicly perform or display, transfer or otherwise make available the Software or any features or functionality of the Software, to any third party for any reason, including by making the Software available on a network where it is capable of being accessed by more than one device at any time;
7. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Software; or,
8. upload or introduce any virus or malware to the Hosted Software.
9. interfere with or disrupt the integrity or performance of the High Trek POS Software or the data contained therein;
10. access or use the Services in any way intended to avoid incurring charges or exceeding usage limits; or
11. transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, defamatory, harassing or threatening.
B. You are fully responsible for keeping your account login credentials (user name and password) secure and confidential. You agree to not share them with unauthorized users. If you fail to adequately secure or otherwise disclose your login credentials, either intentionally or unintentionally you are solely responsible for any use, disclosure, additions, deletions or modifications of your End User Data.
4. Reservation of Rights
You acknowledge and agree that the POS Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the POS Software under this Agreement or any other rights thereto other than to use the POS Software in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. HTP and its licensors and service providers reserve and shall retain each of their entire right, title and interest in and to the POS Software and Website. All rights not specifically granted in this Agreement are reserved by HTP and shall own all rights in any functionality, features, modification or customization of the POS Software.
5. Collection and Use of Your Information
6. Ownership and Use of Data
All ownership rights in and to any HTP Services shall remain exclusively with HTP and its licensors, as applicable. Access to the Services is provided to you only to allow you to exercise your rights under this Agreement, and no implied license or right not expressly set forth in this Agreement is granted to you.
7. Security and Credit Card Data
High Trek POS does not store or capture any credit card numbers or security codes in any of their databases or systems. All Credit Card numbers and security codes are captured and transmitted through SSL encrypted terminals or via a secure hosted checkout iFrame provided by the credit card processor. High Trek POS uses Credit Card tokenization where applicable and will not ever directly store a credit card number or security code.
High Trek POS will use firewalls and other technology generally used in the trade to prevent unauthorized third party access to its computer systems storing Your Account data as well as available encryption technology generally used in the trade to prevent unauthorized third party access. Notwithstanding the foregoing, High Trek POS will not be liable to you in the event that its use of firewalls and other technology generally used in the trade fails to prevent unauthorized third party access to Your Account data or its website generally or its use of encryption technology generally used in the trade fails to prevent unauthorized third party access.
Even though HTP has taken reasonable efforts to mitigate unauthorized access to said data. You agree that you are aware and understand any data transmission on the internet including but not limited to Cardholder data may involve certain security risks and that we cannot fully eliminate security risks associated with such information.
HTP may from time to time in its sole discretion develop and provide updates to our Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that HTP has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on your computer or Mobile Device settings and which HTP Services are being updated, when connected to the Internet either:
A. the Services will automatically update;
B. automatically download and install all available Updates; or
C. you may receive notice of or be prompted to download and install available Updates.
In order to be able to fully utilize HTP Services, you must promptly download and install all Updates. You acknowledge that HTP Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of HTP Services and be subject to all terms and conditions of this Agreement.
9. Third Party Materials
HTP Services may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that HTP is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. HTP does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
You agree to facilitate the setup and activation of the High Trek POS Software and Your Account and if needed must provide us with access to Your Account and hardware used to access Your Account, whether on-site or through remote facilities, and to any of your computer or electronic data storage system or those of its third party contractors, if applicable, in order for us to perform any of its obligations pursuant to this Agreement.
11. Your Responsibilities
You are responsible for:
A. the creation and maintenance of Your Content and ensuring your Content is accurate and up to date;
B. configuring and using the High Trek POS Software;
C. ensuring that all your product or service information, including availability and pricing information, is kept current at all times;
D. ensuring that you can fulfill all reservations, bookings or purchases made online and for communicating any changes directly with your customers;
E. compliance with any applicable laws and High Trek POS policies; and
F. any claims relating to Your Content, including but not limited to any infringement of Intellectual Property rights claims.
12. Marketing and publicity
Client hereby grants us a limited, revokable, non-exclusive, non-transferable, royalty-free license, to use your trade name, logos and trademarks in our advertising, marketing and promotional materials and activities including on our Website and social media sites, and in presentations, case studies, trade show materials, and other advertising, marketing and promotional media and collateral, during the term of this Agreement (including any extensions and renewals hereof) including to be publicly named as a client of High Trek POS (i.e. we can name you and display your logo as a user of the High Trek POS Software).
We may suspend your access to our Services and/or Your Account if we determine, acting reasonably:
A. you are in breach of this Agreement;
B. payment has not been made within 14 days of the Due Date;
C. you are using the Services in a manner not permitted under this Agreement;
D. it is reasonably necessary for repair or maintenance of the Services or our Website;
E. HTP Services are being used illegally or fraudulently; or
F. your use of the Services, in our opinion, acting reasonably, poses a risk to the High Trek POS Software, HTP Services or to High Trek POS and its business generally, and Service Charges will continue to accrue during a suspension imposed by us.
14. Term and Termination
(a) The term of Agreement commences when you access, download, install or otherwise use in any way any HTP Services or acknowledge your acceptance, and will continue in effect until terminated by you or HTP as set forth in herein.
(b) You may terminate this Agreement at anytime by deleting any installed HTP Services and all copies thereof from all of your computers or Mobile Devices.
(c) HTP may terminate this Agreement at any time without notice if it ceases to support HTP Services, which HTP may do in its sole discretion. In addition, HTP may immediately terminate this Agreement with or without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate;
(ii) you must cease all use of any and all HTP Services and any installed HTP Services and all copies thereof from all of your computers or Mobile Devices;and
(iii) your access to all HTP's Services, Hosted Software, your account and access to your Client Data will be terminated.
(e) Termination will not limit any of HTP's rights or remedies at law or in equity.
High Trek POS may, in its sole discretion, modify any of the terms and conditions contained in this Agreement, including but not limited to monthly Service Charges and other charges, at any time, with your consent or by notice to you. It is your responsibility to check the High Trek POS website regularly for any amendments to this Agreement. The amended terms will become effective on the earlier of, the date you agree to the terms, the date they are posted on our website or otherwise the date the terms are deemed to be received by you in accordance with the notice provisions. By continuing to use the Services after the effective date of any amendment to this Agreement, you agree to be bound by the amended terms.
16. FORCE MAJEURE
Notwithstanding any other clause of this Agreement, neither party will be liable to the other party for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party’s reasonable control, including acts of God, systemic electrical, telecommunications or other utility failures, earthquakes, storms or other elements of nature, embargos, riots, acts or orders of government, acts of terrorism or war (Force Majeure Event).
Each party’s obligations to the other party will be suspended to the extent of the Force Majeure Event, other than your payment obligations contained in clause 8. If a Force Majeure Event prevents a party from discharging its obligations under this Agreement for a period exceeding 60 days, the other party may terminate this Agreement by providing 30 days written notice.
17. Disclaimer of Warranties
(a) HTP SERVICES ARE PROVIDED TO YOU "AS IS, AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HTP, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO HTP SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HTP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT HTP SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
(b) WITHOUT LIMITING THE FOREGOING, NEITHER HTP NOR ANY HTP PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF ANY HTP SERVICES, OR THE INFORMATION, CONTENT, THE HTP SERVICES, SOFTWARE, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT HTP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH HTP SERVICES; OR (IV) THAT HTP SERVICES, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF HTP ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
(d) YOU AGREE THAT HTP ASSUMES NO RESPONSIBILITY FOR ANY CONTENT YOU SUBMIT, UPLOAD, CREATE, OR MAKE AVAILABLE THROUGH THE HTP SOFTWARE.
(e) HTP IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ITS CONTRACTORS, VENDORS, OR SERVICE PROVIDERS.
(f) HTP IS NOT RESPONSIBLE OR ACCOUNTABLE FOR THE ACCURACY OF THE INFORMATION ENTERED BY CUSTOMERS REGARDING THEIR LIABILITY WAIVERS.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HTP OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE ANY HTP SERVICES OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR CORRUPTION DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (i) THE AMOUNT ACTUALLY PAID BY YOU FOR HTP SERVICES AND (ii) ONE HUNDRED DOLLARS (U.S.). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR HTP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
HTP DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO HTP SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF HTP SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF HTP.
UNDER NO CIRCUMSTANCES SHALL HTP BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE ANY OR ALL HTP SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM HTP SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO HTP RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED THROUGH ANY HTP SERVICES, YOU TO THE HTP SERVICES AND AVAILABLE THROUGH THE HTP SERVICES.
You agree to indemnify, defend and hold harmless HTP and its officers, directors, employees, agents, affiliates, service providers, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of any HTP Services or your breach of this Agreement.
20. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or any HTP Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in King County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY HTP SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
22. Entire Agreement
This Agreement constitutes the entire agreement between you and HTP with respect to our Services and the use of the such Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.