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Terms of Service

These Terms of Service govern your relationship with LAAB Investments LLC (also “CollectPOS,” “we,” “our,” or “us”). By accessing or using our website at www.collectpos.com and all other websites, newsletters, social media pages, apps, or other electronic channels owned and maintained by CollectPOS (collectively, the “Website”) and by using any of our all-in-one point of sale and inventory management system (“Services”) as described on the website (collectively, the “Content”), you agree to these Terms of Service.

1. Website Content

No Content from the Website or Services may be captured, reproduced, transferred, sold, licensed, removed, deleted, augmented, published, transmitted, uploaded, reverse engineered, edited, posted, publicly displayed, linked, broadcast, or distributed or exploited by any other means, unless otherwise expressly permitted in these Terms or in writing by us. ANY DISTRIBUTION FOR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED WITHOUT OBTAINING A LICENSE TO DO SO FROM US OR OUR LICENSORS OR UNLESS EXPLICITLY PERMITTED BY THESE TERMS. If you copy, reproduce, or retransmit any part of our Website or Services in breach of these Terms, your right to use our Website and Services will cease immediately and you must, at our option, return, destroy, or recall any copies of the Content you have made. You may download and use Content displayed on the Website for your personal, non-commercial use only and only so long as you maintain and preserve any CollectPOS copyright or proprietary notices. However, you may not download or use the Content displayed on the Website for commercial or public uses, unless expressly permitted in writing by us.
All Website Content is intended for informational and educational purposes only. While the Content is believed by us to be honest and accurate, we and our third-party providers of Content do not guarantee the accuracy, completeness, usefulness, or timeliness of the Content on the Website. We do not endorse nor have any responsibility for any Content on the Website by anyone other than our authorized employees or spokespersons while acting in their official capacities.
The Content on the Website should never be relied upon as the sole basis for making any decisions to purchase products or services from CollectPOS. We and our third-party providers, affiliates, agents, and licensors will not be liable for any purchase decisions made based on the Content and/or the Website. Any reliance on the Content is at your own risk, and you assume any and all risks associated with your purchase decisions.
We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned on this Website and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the Website.

2. Copyright and Trademarks

CollectPOS respects copyright and other proprietary laws and expects you to do the same. We reserve the right to terminate your access to the Website or Services if you repeatedly infringe or are reasonably believed to have been repeatedly infringing the rights of copyright or other proprietary rights holders by way of the Website or Services.
Without limiting any other language in these Terms, you acknowledge and agree that the Website, Services, and Content are protected by copyright laws, trademark laws, other laws of the United States, and laws of other countries. Without limiting any other language in these Terms, you acknowledge and agree that the Website, Services, and Content, which includes all associated proprietary rights, are the exclusive property of CollectPOS and our licensors. You further acknowledge and agree that all trademarks appearing on the Website, Services, and Content are owned by us or the third party that provides it. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary right notices incorporated in or accompanying the Website, Services, or Content.

3. Your Materials

The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Your Materials”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display Your Materials throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in Your Materials, subject to the rights you granted to us in these Terms of Service. You may modify or remove Your Materials via your CollectPOS account or by terminating your account, but Your Materials may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You will not upload or provide Your Materials or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with our or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose CollectPOS, its affiliates or its customers or other persons to harm or liability of any nature.
Although we have no obligation to monitor Your Materials, we have absolute discretion to remove Your Materials at any time and for any reason without notice. We may also monitor Your Materials to detect and prevent fraudulent activity or violations of these Terms.
You understand that by using the Services, you may be exposed to third-party content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any such third-party content.

4. Prohibitions and Rights

In connection with the acknowledgement of our rights, above, you agree not to:

  • Use, display, mirror, or frame the Website or any individual element within the Website, including our name(s);
  • Access, tamper with, or use non-public areas of the Website – e.g. our computer systems, etc.;
  • Attempt to probe, scan, or test the vulnerability of any of our systems or networks;
  • Breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, any of our providers, or any other third party – e.g. other users, etc.;
  • Attempt to access or search the Website through the use of any engine, software, tool, agent, device, or mechanism – e.g. spiders, robots, crawlers, data mining tools, etc. – other than the software and/or search agents provided by us;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
  • Use any meta tags or other hidden text;
  • Use any metadata utilizing our trademark or URL;
  • Forge any TCP/IP packet header or any part of the header information in any email or posting;
  • Use the Website in any way to send altered, deceptive, or false source-identifying information;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used, contained, or displayed within the Website or Services;
  • Interfere with or attempt to interfere with the access of any user, host, or network – e.g. sending a virus, overloading, flooding, spamming, mail-bombing, etc.;
  • Collect or store any Personal Information from other users of the Website or Services;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Access the Website behind proxy servers or URL cloaking techniques; and/or
  • Encourage or enable any other individual to do any of the foregoing.

You acknowledge and agree that we have the right to investigate and prosecute violations of any of the above prohibitions or any of these Terms to the fullest extent allowed under applicable law.

5. Enforcement

You also acknowledge and agree that we do not have an obligation to monitor your access or use of the Website or Services, but we retain the right to do so for the purpose of operating the Website and Services and ensuring compliance with these Terms as well as the law. At any time and without prior notice, we reserve the right to disable your access if we find a violation of these Terms or the law.
Any rights not expressly granted herein are reserved by us. We will determine your compliance with the Terms and the Privacy Policy in our sole discretion and our decision shall be final and binding. Any violation of the Terms or the Privacy Policy may result in restrictions on your access to all or part of the Website or Services and may be referred to law enforcement authorities. We, in our sole discretion, reserve the right to disqualify and terminate access or use of any individual found to be (a) tampering with the operation of the Website; (b) acting in violation of the Terms or the Privacy Policy; (c) acting in an unethical or disruptive manner; or (d) acting with intent to annoy, abuse, threaten, or harass us, our representatives, or any other individual in any manner related to the Website or Services.
CollectPOS also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of CollectPOS, its users, and the public. CollectPOS also reserves the right to remove Content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.

6. Online Payments

Payment Options. Most purchases of Services (“Purchases”) will occur electronically online and will require a valid, accepted, credit card or other payment method that we, in our sole discretion, elect to accept as payment. You authorize us, or our designated third-party payment service provider, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction. If you desire to designate a different form of payment, or if there is a change in your payment information, you must update that information with us or with our designated third party payment service provider, as applicable, to reflect such change. If you transmit to us, or one of our designated third-party payment service providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment service provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur. Certain subscription-based Services may subject you to recurring fees and/or terms. By signing up for subscription-based Services, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes. You may experience temporary disruption of your access to the Services while we are verifying new payment information.

Cancellations and Refunds. We, or our designated third party payment service provider, as applicable, reserve the right to refuse or cancel any Purchases or attempted Purchases at any time in our sole discretion. Further, we, or our designated third party payment service provider, as applicable, may reverse certain transactions if we have a reasonable, good-faith belief that such transactions, alone or together with other transactions, are illicit, fraudulent, abusive, unlawful, or otherwise conducted in bad faith or as part of any form of unfair dealing (which could include such things as cheating, hacking, or other prohibited activity). EXCEPT AS OTHERWISE STATED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL.

Changes in the Amount Authorized. If the amount to be charged to you varies from the amount you previously authorized (other than due to the imposition or change in the amount of Sales Taxes, if any), we, or our designated third party payment service provider, as applicable, shall provide notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. You agree that we, or our designated third party payment service provider, as applicable, may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Currency. Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card or other acceptable payment method provider.

Taxes. Your Purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, our designated third party payment service provider, or a Partner, as applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your Purchases, except for Sales Taxes as described in this section or as required by applicable law.

Additional Terms. Your use of our, and our third-party payment facilitators’, paid payment processing or point-of-sale Services is subject to additional Payment Terms and Point of Sale Terms accessible through the Website. We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use these paid Services.

7. Third-Party Links and Partners

These Terms only apply to our Website and Services. The Website and Services may include links to or utilize the services of third-party websites, resources, resellers, and business partners of ours (“Third-Party Partners”). Because we do not have control over such Third-Party Partners, we do not make any representations about any Third-Party Partners. You acknowledge and agree that we are not responsible for the availability of the external websites, resources, or services of such Third-Party Partners. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third-Party Partner websites, resources, or services. If provided, you should review the terms and conditions of Third-Party Partners, which are separate and unrelated to these Terms.

8. Communications from Us

You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for a CollectPOS account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from CollectPOS by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.

We also provide Services that allow you to send short message service (SMS) messages and emails to your customers (the “Seller-Initiated Message Services”). You will only use the Seller-Initiated Message Services in compliance with these Terms and all other applicable laws and regulations of the jurisdiction from which you send messages and in which your messages are received.

9. Disclaimer

THE WEBSITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. ALSO, WE EXPLICITLY DISCLAIM ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE WEBSITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE BASIS, OR THAT THE WEBSITE, SERVICES, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOUR PHONE, COMPUTER, OTHER ELECTRONIC DEVICES, CAR, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM ACCESS TO OR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO CONTRACTION OF A COMPUTER OR PHONE VIRUS.
WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE, OR THAT DEFECTS WILL BE CORRECTED. CONTENT PROVIDED OR EXPRESSED ON THE WEBSITE, INCLUDING THAT OF THIRD PARTIES, MAY NOT REFLECT OUR POLICIES OR CONFORM TO ANY AGREEMENT YOU MAY HAVE WITH US.
For clarity, no advice or information, whether oral or written, obtained from us, the Website, or the Content will create any warranty not expressly made herein.
You acknowledge and agree that your access to and use of the Website, Services, and Content is dependent upon access to telecommunication services and internet services. You shall be solely responsible for acquiring and maintaining all telecommunication services, internet services, and other hardware and software required to access and use the Website, Services, and Content.
You agree that your access to and use of the Website or Content and your purchase of Services on or in connection with the Website are at your sole risk, whether known or unknown to you.

10. Limitation of Liability

Without limiting the foregoing, you also acknowledge and agree that CollectPOS and its officers, directors, members, managers, agents, third-party providers, affiliates, or licensors are not and will not be responsible for, liable for, or incur any claims, causes of action, suits, penalties, fines, losses, damages, costs, or expenses, including attorneys’ fees (“Claims”) arising out of or in connection with these Terms or from your access to, use of, or inability to access or use the Website, Content, or Services provided on the Website for or arising out of the following:
  • Personal or bodily injury, death, emotional distress, or property damage;
  • Interactions or meetings with other users of the Website, Services, or Content or other persons with whom you communicate or interact with as a result of your use of the Website, Services, or Content;
  • Loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any telecommunication services and internet services or the failure of such services that you use to access or use the Website, Services, or Content; and
  • Any other Claims arising out of or relating to your acts or omissions or the acts or omissions of any third party, whether in contract, warranty, strict liability, negligence, or other legal theory regardless of whether or not we have been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.
The foregoing limitations apply even if we have been advised of the possibility of such damages (or they are otherwise foreseeable), or if such Claims result from: (a) the use or the inability to use the Website or results of the use of the Website or any materials posted on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise; (b) the cost of procurement of substitute products or services resulting from any products, data, information, or services obtained or messages received or transactions entered into through, from or as a result of the Website; (c) unauthorized access to or alteration of your transmissions or content; (d) statements or conduct of any third party on the services or Website; or (e) any other matter relating to the products or services we offer or the Website.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Without limiting the foregoing, you acknowledge and agree that if we are found liable for any of the foregoing Claims or for any other Claims arising hereunder, including the breach of these Terms, we and any other person or entity involved in creating, producing, or delivering any of the foregoing will under no circumstances be liable for any incidental, special, exemplary, punitive, or consequential damages, including, without limitation, lost profits, loss of data, loss of goodwill, or the cost of acquiring substitute products or services, whether in contract, warranty, strict liability, negligence, or other legal theory, regardless of whether or not we have been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.
By accessing the Website or Services, you understand that you may be waiving rights with respect to Claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read, understood, and hereby expressly waived the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The limitation of liability set forth above is a fundamental element of the basis of the bargain between us and you. The limitation of liability set forth above shall apply to every form of action, whether in contract, warranty, strict liability, negligence or other legal theory, and shall survive any breach of the Terms, the Privacy Policy, the Agreement, or any agreement or the failure of the essential purpose of the Terms, the Privacy Policy, the Agreement, any agreement, or any exclusive remedy.
Without waiving the exclusive governing law provision set forth below, some states do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, the above limitation may not apply to you. In such states, our liability is limited to the fullest extent allowed under applicable law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS OR SERVICES OFFERED BY US MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Indemnification

You agree to defend, indemnify, and hold CollectPOS, its members, its managers, its officers, its directors, its employees, and its agents harmless from and against any Claims arising out of or in any way connected with:
  • Your access to or use of the Website, Services, or Content, including your violation of these Terms;
  • Any goods or services or information you may provide or fail to provide; and
  • Any agreements or understandings you have with third parties.

You shall cooperate as fully as reasonably required in the defense of any such claim. CollectPOS reserves the right, at its own expense, to assume the exclusive defense and control of any matter or portion thereof subject to indemnification by you.

12. General Provisions

The Terms and the Privacy Policy, as they may be amended from time to time, constitute the entire and exclusive understanding and agreement between us and you regarding the Website, Services, and Content. The Terms and the Privacy Policy supersede and replace any and all prior oral or written understandings or agreements between CollectPOS and you regarding those subjects. Notwithstanding the foregoing, any terms in a signed agreement between you and CollectPOS related to the Services will supersede and replace terms contained herein to the extent the terms conflict.
If any provision of the Terms or the Privacy Policy is found by a court of valid jurisdiction to be invalid or unenforceable, the remainder of the Terms and the Privacy Policy shall remain in full force and effect and shall be enforced to the fullest extent allowed under applicable law.
No waiver or failure by us to enforce any provision of the Terms or the Privacy Policy shall be valid unless in writing and signed by an officer of CollectPOS.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms at our sole discretion without restriction and notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Nothing contained in the Terms or the Privacy Policy shall be deemed to constitute you and CollectPOS as partners or joint venturers or constitute an employment or agency relationship between you and us.
Headings in the Terms and the Privacy Policy are purely for reference and shall not affect the meaning of any term or condition. As used in the Terms and the Privacy Policy, the words “include,” “including,” “e.g.,” “such as,” and variations thereof shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words “without limitation.” Any provision of the Terms or the Privacy Policy that must survive to allow us to enforce its meaning shall survive termination for any reason. Any Claim by or through you relating in any way to the Terms, the Privacy Policy, the Website, the Content, or otherwise with respect to their subject matter, regardless of form or the basis of the Claim, must be brought within one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose) or else such cause of action is waived. A printed version of the Terms or the Privacy Policy, and of any electronic notice pertaining to the Terms or the Privacy Policy, shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document, or record originally in printed form.
The Terms constitute a written agreement between you and us.

13. Disputes and Claims

Any and all disputes, demands, or Claims arising from or related to your access to and/or use of the Website, Services, our Content, and/or these Terms shall be settled and resolved first by good faith efforts to amicably resolve the matter through discussion and negotiation (which may include mediation if both you and we so agree). If those efforts fail despite such good faith attempts, then the exclusive forum for resolution of any and all such disputes and claims shall be a state or federal court located in the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your state or country of residence or any other relevant state or country. You and we agree to personal jurisdiction and venue in such court in any such suit or action.

14. Controlling Law

These Terms will be governed and interpreted by the laws of the State of California, without regard to its conflict of laws provisions.

15. Notice to International Visitors

The Website and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
We make no representation that the Website is appropriate or available for use beyond the United States of America. If you use the Website from other locations, you are responsible for compliance with applicable local laws.

16. Privacy

For information and notices concerning our collection and use of your Personal Information, please review our Privacy Policy.
We may electronically monitor areas of the Website and may disclose any Content, logs, records, or electronic communication of any kind (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate the Website; or (c) to protect our rights or property or our third party partners, sponsors or advertisers, service providers, licensors, or any other user of the Website.

17. Notices

Any notices or other communications permitted or required hereunder, must be in writing.
For clarification on or if you have any questions regarding these Terms, the Privacy Policy, the Website, the Services, or the Content or to report a violation of these Terms please contact:
LAAB Investments LLC
support@collectpos.com

To obtain a copy of these Terms, you may print a copy or contact us to request one.

Updated and effective as of February 2024