END USER LICENSE AGREEMENT & General Disclaimer FOR
Rogers Software Development, Inc AND/or First POS India Private Limited


IMPORTANT - PLEASE READ CAREFULLY

This Rogers Software Development, Inc. and/or First POS India Private Limited End User License Agreement (“EULA”) is a legal agreement between you (“you” or “Licensee”) and Rogers Software Development, Inc. and/or First POS India Private Limited (“Rogers”), for the Rogers software product, which includes computer software and may include associated media, database, printed materials, and "online" or electronic documentation ("Software Product"). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA.

SOFTWARE PRODUCT LICENSE AND ACTIVATION

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

1. GRANT OF LICENSE

Only you may use the Software Product. You may install, register, activate, and use one copy of the Software Product, on a single computer in a specific physical location as registered in the product registration. Changes to the original registration information and/or physical location must be reported to Rogers and are subject to registration change fees, and such change request may be denied at the sole discretion of Rogers. Subject to and in accordance with the terms and conditions of this EULA, Rogers grants you, and you accept, a limited, non-transferable license to use the Software Product 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 Product 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. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

  1. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one computer. Additionally, a License Pack may not be separated for use at different sites.

  2. Support Services: Rogers may provide you with support services related to the Software Product ("Support Services"). The provision and use of Support Services is governed by the Rogers policies and programs described in the Software Product user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to Rogers as part of the Support Services, Rogers may use such information for its business purpose, including for product updates and development. Rogers will use commercially reasonable efforts to not utilize such technical information in a form that personally identifies you.

  3. Licensee is responsible for performing and maintaining the PCI-DSS and PA-DSS installation of the Software Product. Licensee indemnifies and holds harmless Rogers, its shareholders, officers, agents, and employees from and against any claims, demands, liabilities, or expenses, including attorneys’ fees and costs, for all actions arising out of or relating to the PCI-DSS and PA-DSS installation of the Software Product.

  4. Licensee is responsible for maintaining the security of its software and network.

3. RESTRICTIONS

  1. EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, YOU SHALL NOT: COPY, IN WHOLE OR IN PART, THE SOFTWARE PRODUCT; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE PRODUCT; RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE PRODUCT; OR USE THE SOFTWARE PRODUCT IN ANY UNLAWFUL MANNER, FOR ANY UNLAWFUL PURPOSE, OR IN ANY MANNER INCONSISTENT WITH THIS EULA.

  2. Rogers may change, suspend or discontinue any aspect of the Software Product at any time, including the availability of any Software Product feature, database or content. Rogers may also impose limits on certain features and services or restrict your access to parts or all of the Software Product without notice or liability. Additionally, Rogers may automatically download and install updates to the Software Product with or without prior notification.

  3. Remote Access. The single primary user of the licensed device for which the Software Product is installed (the “Licensed Device”) may access and use the Software Product installed on the Licensed Device remotely from any other device.

  4. Multiplexing. You may NOT use hardware or software to pool connections or to reduce the number of devices or users that directly access or use the Software Product (sometimes referred to as "multiplexing" or "pooling").

  5. Trial and Conversion. Some or all of the Software Product may be licensed on a trial basis. Your right to use the Software Product on a trial basis is limited to the trial period. The Software Product subject to the trial and the length of the trial period are set forth during the activation process. You may have the option to convert the trial license to subscription or perpetual rights. Conversion options will be presented upon request.

  6. Subscription Software. If you licensed the Software Product on a subscription basis, your right to use the Software Product is 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 product 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.

  7. Mandatory Activation. Activation associates the use of the Software Product with a specific device. During activation, the Software Product may send information about the Software Product and / or the device to Rogers. This information includes the version, the license version and the product ID of the Software Product, Internet protocol address of the device and information derived from the hardware configuration. BY USING THE SOFTWARE PRODUCT, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.

  8. Validation. The Software Product may from time to time validate your license rights. Validation verifies that the Software Product has been activated and is properly licensed. Validation also permits you to use certain features of the Software Product or to obtain additional benefits.

  9. During a validation check, the Software Product will send information about the Software Product to Rogers. This information includes the version of the Software Product and the product key. BY USING THE SOFTWARE PRODUCT, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION TO ROGERS.

  10. Rogers is not responsible for other software installed on your computer system, or for hardware not purchased from Rogers. 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. Rogers may charge an additional service fee for working on any hardware or software not purchased from Rogers at a rate of $100.00 per hour, with a one hour minimum.

4. UPGRADES

If the Software Product is labeled or otherwise identified by Rogers as an "upgrade,” you must be properly licensed to use a product identified by Rogers as being eligible for the upgrade in order to use the Software Product. A Software Product labeled or otherwise identified by Rogers as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

5. INTELLECTUAL PROPERTY RIGHTS

  1. All title, trademarks and copyrights in and pertaining to the Software Product (including but not limited to any images, photographs, animation, video, audio, music, text, database, and applets incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Rogers. Copyright and trademark laws and international treaty provisions protect the Software Product. You must treat the Software Product like any other copyrighted material for archival purposes only. You may not copy the printed materials accompanying the Software Product.

  2. You may not remove, modify, or alter any Rogers copyright or trademark notice from any part of the Software Product, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Rogers Setup Wizard dialogue or 'about' boxes, in any of the runtime resources, and/or in any web-presence or web-enabled notices, code, or other embodiments originally contained in or dynamically or otherwise created by the Software Product.

6. TERMINATION

Without prejudice to any of Rogers's other rights, Rogers may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In this event, you must destroy all copies of the Software Product and all of its component parts; to this end you grant to Rogers the right to, with or without notice, monitor your Internet accessible activities for the purpose of verifying Software Product performance and/or your compliance with the terms hereof, including, but not limited to the remote monitoring and verification of your implementation, use and duplication of the Software Product. Rogers does not accept any returns and/or refunds for the Software Product under any circumstances.

7. LIMITED WARRANTY

  1. Rogers warrants, for your benefit alone, for a period of thirty (30) days from the date of commencement of this EULA ("Warranty Period") that the Software Product, when used in accordance with the terms of the EULA, will perform in all material respects with the accompanying documentation. If during the Warranty Period the Software Product fails to perform as warranted, then Rogers shall use commercially reasonable efforts to correct the Software Product. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Rogers of any warranties made under this EULA.

  2. Rogers disclaims all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Software Product and the provision of or failure to provide Support Services. This limited warranty gives you specific legal rights. You may have others that vary from state/jurisdiction to state/jurisdiction. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Rogers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product or the provision of or failure to provide Support Services, even if Rogers has been advised of the possibility of such damages. In any case, Rogers’s entire liability under any provision of this EULA shall be limited to fees actually received by Rogers from you under this EULA during the three (3) months preceding the occurrence of liability. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. Without limiting the foregoing, Rogers is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Software Product, Support Services, or any web-based 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 Product and any associated web-based services.

9. SPECIFIC DISCLAIMERS

The following is a non-exclusive list of obligations with which you are solely responsible for compliance, and which Rogers disclaims all liability:

  1. Credit card transactions not deposited to your account.

  2. Long distance telephone charges. During setup Rogers may provide you with a dial up Internet account. Rogers attempts 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.

  3. Performance or maintenance of PC Operating systems (Windows 2000/XP/Vista/7/8 or Linux). This disclaimer includes updates, bugs, viruses, spyware or other malware. Your operating system requires occasional security patches, updates, and service packs. You shall ensure that Windows is set to update automatically and that it is receiving and installing updates and other maintenance releases.

  4. Hardware repairs or damages. Rogers may assist you in coordinating warranty repairs, but all such hardware warranty repairs shall be made in accordance with the third party manufacturer's repair policies; we are not responsible for shipping charges. Rogers may loan you equipment if available, subject to your payment of applicable shipping fees. Rogers does not support hardware that was not purchased from Rogers.

  5. Hardware maintenance. Your CPU and other hardware may fail prematurely if not kept clean due to overheating. Rogers recommends 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. Rogers also recommends that you 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 may provide on-site maintenance for an additional fee, and other separate terms and conditions.

  6. Configuration and troubleshooting of hardware provided by Internet Service Providers or telephone companies, including without limitation hubs, routers, networking equipment, and phone lines.

  7. Accuracy of payroll charges.

  8. Sales tax and royalty rates settings for each of your locations. You must verify that all taxes and royalty rates are set correctly.

  9. Integrated processing over dial-up connections. If you are unable to use a high speed Internet connection, such as cable or DSL, Rogers recommends you use a processor-supplied terminal.

  10. Use of unencrypted readers on existing or new systems.

  11. Sending or receiving email, SMS, or MMS messages.

10. DISPUTE RESOLUTION

This EULA shall be governed by and construed in accordance with the laws of the State of Arizona, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. You and Rogers agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona. All parties expressly waive all other jurisdictions. In the event of litigation, the prevailing party may recover court costs and reasonable attorney’s fees.

11. MISCELLANEOUS

If any provision or terms of this EULA are held to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Under no circumstances may this EULA be assigned or transferred by you without Rogers’ 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 EULA. Should you have any questions concerning this EULA, or if you desire to contact Rogers for any reason, please contact Rogers Software Development, Inc. with contact information available at www.rogerspos.com. You also agree that Rogers may identify your business name, the city, state, and country of your business as its licensee for marketing purposes without compensation.


12. GENERAL DISCLAIMER AND LIMITATIONS OF LIABILITY
  1. LIABILITY LIMITATIONS: 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. 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. 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 RSD PRODUCTS OR SERVICES, THE RSD SITES, OR RSD CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE PRODUCTS, SERVICES OR THE RSD SITES), 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 ASIDE FROM THE SERVICES PROVIDED ON THE RSD SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROGERS SOFTWARE DEVELOPMENT, INC. OR ITS SUPPLIERS OR AFFILIATES 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.
  2. 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, Web-Services, Web Sites and Mobile Applications including, without limitation, Postings, Ratings and Materials associated with your use of the Site to the extent of the law.
  3. 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
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
  10. 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.
  11. 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.
  12. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
  13. LEGAL ADVICE. No part of this EULA or Disclaimer is intended to be legal advice. We are not legal experts. Always contact a qualified attorney for legal advice.
  14. For warranty service or information about how to obtain a refund for software contact Rogers at:
    1. USA Phone: 888-458-1001 or email support@rogerspos.com
  15. 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.
  16. 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.
  17. 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.
  18. Governing Law. In case of any dispute, this License Agreement will be governed by the law of the State of Arizona. Copyright issues are an exception, as copyright is governed by the law of the United States.
  19. 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
  20. 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").
  21. 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.
  22. 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.
  23. 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.
  24. 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.
  25. 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.


13. 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.


  1. 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.
  2. 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.
  3. 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
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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
  14. 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.
  15. 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.)
  16. Email: 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".
  17. 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.
  18. 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.
  19. 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.
  20. 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.
Copyright © 2002-20013 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