WEBSITE CONTRACT TERMS
The following are terms of a legal agreement between you and Nichesoft, LLC (“Nichesoft”). By accessing this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated within the United States. Nichesoft makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations are solely rEpsonsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Site and the materials and/or products contained herein are solely governed by the laws of the state of Texas. Exclusive venue for such claims is Dallas County, Texas.

RETURN POLICY.
You should fully research the suitability of any product or service to your needs prior to purchase. Software may only be returned pursuant to the terms contained in this agreement. Defective or damaged hardware and third-party software may be returned within 20 days of receipt for replacement with a similar item. Returned items must include all original packaging material. No other returns are allowed.

HARDWARE AND THIRD PARTY SOFTWARE.
Nichesoft only provides set-up assistance for hardware and third party software that is purchased directly from them. This would include, but not be limited to, receipt printers, cash drawers, touch screen monitors and pole displays. This is regardless of whether the item is the same brand and model as sold by Nichesoft.

WARRANTY DISCLAIMER.
All MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, NICHESOFT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. NICHESOFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

LIMITATION OF LIABILITY.
YOU CAN RECOVER FROM NICHESOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THEIR 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, 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

Nichesoft knew or should have known about the possibility of the damages.

You will receive the remedy elected by Nichesoft without charge, except that you are rEpsonsible for any expenses you may incur (e.g. cost of shipping the Software to Nichesoft). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Nichesoft will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Nichesoft’s warranty remedy procedures.

THIS LIMITATION ALSO APPLIES TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR ATTEMPTED USE, OF THE MATERIALS AND/OR PRODUCTS ON THIS SITE. EXCEPT AS OTHERWISE DESCRIBED HEREIN, IF YOUR USE OF MATERIALS AND/OR PRODUCTS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. 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.

DATA TRANSMISSION
Any data that you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Nichesoft or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Nichesoft online will be handled in accordance with Nichesoft’s own privacy statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

REVISIONS OF TERMS
Nichesoft may periodically revise these Terms of Use. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

COPYRIGHT
The copyright in all material provided on this site ("Site") is held by Nichesoft or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Nichesoft or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Nichesoft’s permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

TRADEMARK
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Nichesoft and others. Nothing on this Site authorizes the granting of any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Nichesoft aggressively enforces its intellectual property rights to the fullest extent of the law. The name Nichesoft and/or the Nichesoft logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. NICHESOFT prohibits use of the Nichesoft logo as a "hot" link to any site unless establishment of such a link is approved in advance by Nichesoft in writing.