POINT Terms of Use and Warranty

POINT Terms and Conditions, Warranty and Replacement Program

POINT

Terms and Conditions


These terms of use and conditions (this “Agreement”) are between Scale-Tec, LTD, an Iowa corporation (“we” or “Scale-Tec”), and you, including the entity on behalf of which you are registering Scale-Tec’s weight and measurement a mobile device (the “Point Device”) and services for which you are subscribing, which includes the mobile application, as well as all content, services, and features you subscribe to through the Website (the “Services”).

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING THE POINT DEVICE OR CREATING AN ACCOUNT.  YOU ACCEPT THE TERMS AND CONDITIONS IN THIS AGREEMENT AND ELECTRONICALLY SIGN THIS AGREEMENT BY CHECKING “I ACCEPT” NEXT TO THE HYPERLINK TO THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU MUST NOT USE THE WEBSITE TO CREATE AN ACCOUNT OR SUBSCRIBE TO OR USE THE SERVICES. BY CREATING AN ACCOUNT OR SUBSCRIBING TO OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND THE COMPANY ON WHOSE BEHALF YOU ARE REGISTERING.

1.  Creating an Account.  

Prior to creating an account, you must purchase Point Device.  The Point Device includes a registration number which you will need in order to register for the Services.  You must then download the Point mobile application from the application store for your device (e.g. Apple App Store or Google Play Store).  In order to configure the mobile application you will need to provide your name, phone number, billing mailing address and an email address. You will then be prompted to pair your Point Device with your mobile device.  

For eligible Point Devices purchased from Scale-Tec, and within fifteen (15) days of purchase, you have the option of registering for the extended warranty replacement program.  For $50.00 per year, Scale-Tec will replace your Point Device for any reason. The details of the replacement plan are found below in Section 7.

2.  Subscription to the Services.  


2.1. Subscription.  


Subject to the terms and conditions of this Agreement, Scale-Tec hereby grants you a non-exclusive, non-transferable subscription to the Services during the Subscription Term.  The Subscription Term will begin once you have completed the registration process and continue for one (1) year. The Subscription Term will automatically renew thereafter for successive one (1) year periods, unless you notify Scale-Tec within thirty (30) days before the end of the then current period.  Each successive annual renewal period becomes a part of the Subscription Term.

2.2 Your Covenants.  


You agree that you will: (a) provide Scale-Tec with: (i) all necessary cooperation in relation to this Agreement; and (ii) all necessary access to such information as may be required by Scale-Tec in order to render the Services, including, but not limited to, your Data (as defined in Section 2.3); (b) comply with all applicable laws and regulations with respect to your activities under this Agreement; (c) carry out all other responsibilities set out in this Agreement in a timely and efficient manner; (d) obtain and maintain all necessary licenses, consents, and permissions necessary for Scale-Tec to perform its obligations under this Agreement; (e) ensure that your computer hardware, network and systems comply with the relevant specifications provided by Scale-Tec from time to time; and (f) be solely responsible for procuring and maintaining the your Point Device, network, network connections, and telecommunications links from your systems to Scale-Tec’s servers, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network, network connections, or telecommunications links or caused by the internet.  

2.3 Scale-Tec’s Data.  


Scale-Tec will collect the following information from you and the Device: Device Serial Number, MAC, Analog to Digital Conversion Record Data, Button Sequence Record, Connected Peripherals Data, Configuration Parameters Data, Calibration Data, and Live Weight advertisement Data.  Scale-Tec uses this data for diagnostic and scale support so that Scale-Tec can improve its services. Scale-Tec will only use this data consistent with the relevant data and privacy protection laws.

2.4. Intellectual Property. 


You agree that Scale-Tec owns all intellectual property rights in the Point Device and the Services.  Except as expressly stated herein for the Subscription Term, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses with respect to the Services.  You further agree that you will not: (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means; (b) attempt to reverse compile, disassemble, emulate, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; (c) access all or any part of the Services in order to build a product or service which competes with the Services; or (d) use the Services to provide services to third parties without prior written consent.


3.  Payment and Fees.  


With your purchase of the Device, your Subscription to the Services during the current Subscription Term is free.  Scale-Tec reserves the right to charge a fee for the Services at a future date. In which case, Scale-Tec will notify you within thirty (30) days of the end of the then-current Subscription Term of the fees and

4.  Cancellation and Termination.  


You can cancel your subscription and this Agreement at any time by sending Scale-Tec Notice, pursuant to Section 10.  All fees that have been billed to you are non-refundable, so we must receive such Notice at least thirty (30) days before any renewal fees are due to avoid billing your account.  

Scale-Tec may terminate this Agreement immediately upon any material breach by you of any of the terms in this Agreement.   We also may terminate this Agreement without cause on thirty (30) days advance Notice to you, in which case we will reimburse you pro-rata for any time remaining on your subscription before your renewal fee is due.  Scale-Tec will have no other liabilities for exercising its right to terminate this Agreement under this Section 4.


On cancellation or termination of this Agreement for any reason: (i) your subscription to the Service, as well as all permissions, subscriptions, and licenses granted to you by Scale-Tec under this Agreement and the Subscription Term will immediately terminate, and you will make no further use of the Service; (ii) Scale-Tec may immediately destroy or otherwise dispose of any of the your Data uploaded to Scale-Tec’s website in its possession; and (iii) Scale-Tec’s accrued rights to payment, as well as Sections 2.3, 3, 5, 6, 7, 8 9, 10, 11, 12, and 13 will survive termination or cancellation of this Agreement, however arising.


5. Confidential Information and Security.  


5.1 Collection and Use


Scale-Tec acknowledges that you may upload to the Scale-Tec’s website content that contains confidential information related to your agri-business.  Scale-Tec is committed to respecting the confidentiality of our customers' information, including personal information.  In connection with the POINT subscription and services, the customer information collected by Scale-Tec may include but is not limited to: Name, email address, phone number, and/or personal address.   Scale-Tec collects and uses your data, as necessary, for the purpose of providing Scale-Tec service and administrating customer relationships generally including, without limitation, for the purpose of offering additional opportunities which Scale-Tec feels will be of interest to you.  You may opt-out of receiving such marketing communications or customized advertising by contacting us at the address below in section 10.  

5.2 Safeguard of Confidential Information.


Scale-Tec warrants that it will safeguard your confidential information using the same degree of care that we use to safeguard our own confidential information.  You, however, recognize and acknowledge that the Services are a cloud-based. As such, Scale-Tec has relationships with one or more third party service providers in order to provide the Service, including third parties who provide the network and storage services where your confidential information may be stored.   Scale-Tec has established reasonable safeguards against destruction, loss, alteration, or theft of your content, but Scale-Tec cannot guarantee or warrant against such destruction, loss, alteration, or theft. You release Scale-Tec of such warranties and liabilities consistent with Section 6.

6. Your Representations and Warranties.  


You represent and warrant to Scale-Tec that: (i) you have all rights, licenses, and consents required to make available your information and Data to Scale-Tec’s website on these terms, and further represent and warrant that such content and Data does not infringe the rights of any third party or violate any applicable law or regulation; (ii) the content and Data uploaded to the website is not libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party or, which may otherwise give rise to liability or violate any law; and (iii) you will not disclose or allow to be disclosed or use in any improper manner any confidential, personal, or sensitive information provided by any third party referred to you by Scale-Tec or through the Services.  All of the representation and warranties by you in this Agreement will survive termination or cancellation of this Agreement, however arising.

7. Limited Warranty and Disclaimer of Other Warranties.  


7.1 Limited Warranty of Point Device.  


Scale-Tec warrants the Point Device for a period of three (3) years from the date of purchase. This limited warranty covers failures due to defects in material or workmanship on the device.  This warranty is only applicable to the original purchaser. A Scale-Tec Warranty Document must be completed with end-user information and returned to Scale-Tec when the Point Device is delivered otherwise the warranty shall be invalid, null, and void. If you encounter a problem with the Point Device during the warranty period, you should contact Scale-Tec’s Service Department at 888-962-2344 about your potential warranty claim.  Scale-Tec will assist in troubleshooting any issues. If it is determined, however, that a replacement is needed, Scale-Tec will provide you with a claim number. Scale-Tec may reject or return products without a claim number. Scale-Tec is not responsible for any damages that occur during shipping. Scale-Tec has no obligation to replace any products that are no longer covered by the warranty. Scale-Tec also reserves the right to reject a warranty claim upon an examination of the product and a determination that damage to the product is not covered by the warranty.  The maximum liability to Scale-Tec under this Warranty is equal to, and no more than, the original purchase price. 

7.2 Replacement Program.  


For eligible Point Devices purchased from Scale-Tec, and within fourteen (14) days of subscription and activation, you have the option of registering for the extended warranty replacement program.  In accordance with Section 3, for $50.00 per year, Scale-Tec will replace your Point Device for any reason for each Subscription Term, subject to payment of shipping and handling costs. In order to receive the replacement Point Device, you must ship your Point Device to us, at your expense.  Limit of replacement plan is for one replacement per account per identified device.  Further replacement plans may be purchased after purchase of a new POINT at retail price.   Replacement program is non-transferable and is subject to expiration with the resale or transference of ownership of POINT devices under the replacement program.

7.3 Disclaimer of Warranties


Scale-Tec does not and cannot warrant that the Services will operate without errors, or that the Services will be available and operational at all times or that you will always have access to the Service. We do not warrant that our services or the Internet will be available on a specified date or time or have the capacity to meet your demands during specific hours. Scale-Tec will not be liable for any damage, loss, or cost that you may suffer arising out of use of, or inability to, use the Service, even if the Scale-Tec had notice of the possibility of such damage, loss, or cost, regardless of whether such damage or event occurs as a result of the Scale-Tec’s negligence.  Scale-Tec will not be liable for unauthorized access to Scale-Tec’s transmission facilities or premises or equipment or for unauthorized access to or alteration, theft or destruction of any of your content uploaded to Scale-Tec’s website, user names, passwords, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage or event occurs as a result of the Scale-Tec’s negligence.

THE SERVICES ARE PROVIDED “AS IS” WITH “ALL FAULTS.”  SCALE-TEC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT WILL SCALE-TEC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SCALE-TEC OR ANY OTHER PARTY OR OTHERWISE, EVEN IF THE SCALE-TEC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.  


8. Limitation of Liability.


In no event will Scale-Tec’s liability for the performance or non-performance of its obligations under this Agreement exceed $10.  The foregoing is intended as a complete allocation of the risks between Scale-Tec and you. Because the bargain struck and the price paid reflect such allocation this limitation upon remedies will not have failed of its essential purpose.

9.   Indemnity.  


You will indemnify and hold harmless Scale-Tec, its officers, directors, employees and agents from and against any claim, liability, damage, assessment, or expense (including expenses of investigation and defense, and reasonable attorney fees and expenses) of any nature whatsoever sustained, suffered or incurred for or on account of, or arising from or in connection with, any breach by you of any representation, warranty or covenant set forth in this Agreement, or resulting from any act or omission by you.

12. No Partnership or Agency.


 Nothing contained in this Agreement will be construed to place Scale-Tec and you in a relationship as partners, joint venturers, or principal and agent, respectively.

10. Notice.  

Scale-Tec may deliver notice to you under this Agreement by electronic mail, a general or specific notice on the website, a communication to your account or by written communication delivered by first class U.S. mail to your address on record.

Notices to Scale-Tec must be in writing and will be deemed given when (a) delivered personally, or (b) sent to address below, in which case notice is deemed given upon receipt:


Scale-Tec, LTD

16027 Hwy 64

Anamosa, Iowa 52205

11. Assignment.  

Scale-Tec may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.  You will not, without the prior written consent of Scale-Tec, assign, transfer, charge, delegate, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.

13. Miscellaneous.  

This Agreement comprises the entire agreement between you and Scale-Tec with respect to your use of the website and the Services and any other services purchased through the website, and supersedes all prior agreements between the parties regarding the subject matter contained herein.  

Scale-Tec will have no liability to you under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Scale-Tec or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, change in any law or governmental order, rule, regulation or direction that impacts the Services, or any accident, breakdown of machines, fire, flood, storm or default of suppliers, sub-contractors, or service providers.

This Agreement shall be governed and construed in accordance with the laws of the state of Iowa, without regard to its conflicts of law principles. You agree to promptly and voluntarily submit to the exclusive jurisdiction of the Iowa state courts located in Cedar Rapids, Iowa or the United States District Court for the Northern District of Iowa located in Cedar Rapids, Iowa, with respect to any legal proceedings arising out of this Agreement, waiving all defenses with respect to jurisdiction, forum and venue.  Any claim by you relating to this Agreement must be brought within one year of the date on which the claim arises. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision.

You agree that money damages would not be a sufficient remedy for breach of this Agreement, and Scale-Tec shall be entitled to specific performance and other equitable relief for any such breach, without the necessity of posting any bonds, in addition to any other remedies available to it at law or in equity. No waiver or amendment of any term in this Agreement shall be binding on Scale-Tec unless made in a writing expressly stating that it is such a waiver or amendment and signed by an authorized agent of Scale-Tec.

Last updated: 3-2-2020

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