PROVISIO, LLC® Terms and Conditions of Sale and Licensing

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF SALE AND LICENSING VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH PROVISIO, LLC (“PROVISIO”), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).

Important Information about This Legal Contract

This Agreement is a legal contract between the Customer and PROVISIO. The Customer accepts this Agreement by making a purchase, placing an order, or otherwise shopping on the website. (References to “you” or “your” shall relate to the Customer; references to “PROVISIO” shall relate to PROVISIO, LLC.) The terms and conditions of this Agreement are subject to change without prior notice, except that the terms and conditions posted on the website at the time the Customer initially places or modifies an order will govern the order in question. This Agreement and the ‘Software License Agreement of PROVISIO’, which will be displayed any time you install the software, constitute the entire agreements between the Customer and PROVISIO relating to the purchase, sale and licensing of goods or services. These Agreements may only be modified or terminated by a written agreement signed by PROVISIO. In any case all property rights, title, and copyrights in and to the software products and [PlugIns], including all documentation and any copies of the software product are owned by PROVISIO; the software product is licensed not sold. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting PROVISIO. In the event of any conflict between the terms and conditions stated on your purchase order and this Agreement or any terms and conditions on our invoice, you agree that the provisions of this Agreement and our invoice shall control.

Governing Law

THIS AGREEMENT AND ANY SALES AND LICENSING HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT.

Title; Risk of Loss

Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping by a carrier selected by PROVISIO is PROVISIO’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).

Export Sales

If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, PROVISIO warranties for goods and services purchased for purposes of export are null and void if goods and services are exported outside the United States.

General Legal Disclaimer

PROVISIO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Internet Disclaimer

Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.

Third-Party Product Disclaimer

Some products sold by PROVISIO are third party products (e.g. HW Las Vegas products) and are subject to the warranties and representations of the applicable manufacturers.

Pricing and Information Disclaimer

Prices are quoted net in US Dollar ex works Miami, Florida exclusive of packing costs, shipment costs, other extra expenses (e.g. installation costs) and Sales and Use Taxes. All pricing is subject to change. For all prices, products and offers, PROVISIO reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome! While PROVISIO uses reasonable efforts to include accurate and up-to-date information on the website, PROVISIO makes no warranties or representations as to the website’s accuracy. PROVISIO assumes no liability or responsibility for any errors or omissions in the content on the website.

Limitation of Liability

PROVISIO will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. In any case, Customer agrees that for any liability related to the purchase of products or services, PROVISIO is not liable or responsible for any amount of damages above the aggregate dollar amount paid by Customer for the purchase(s) under this agreement.

Arbitration

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), PROVISIO’s advertising, or any related purchase and licensing SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com/ or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Miami, Florida. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Orders; Payment Terms; Interest; Taxes

Orders are not binding upon PROVISIO until accepted by PROVISIO. Terms of payment are within PROVISIO’s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. PROVISIO may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.

Freight Policy

All orders will be shipped within the 48 continental states for total shipping, handling and insurance charges as stated on PROVISIO’s website. Shipping and handling charges vary; contact your PROVISIO account manager for our most current and competitive rates, options and shipping specials. For the Customer’s protection, we ship only to an address that can be verified according to our standards. Call for details. Times for delivery and service are only obligatory if expressly confirmed by PROVISIO in writing.

Software Return and Refund Policy

With our software products, you have the chance to ‘try before you buy’ (Download a FREE Evaluation from our website: www.sitekiosk.com !!). For this reason, we only offer a 30 Day Money Back Guarantee. Damaged CDs may only be exchanged for the same product within 30 days of purchase by sending the damaged product to the return address on the package. Please e-mail us at usa@sitekiosk.com if you need the address to return the damaged item to.

Hardware Return and Refund Policy

PROVISIO offers a 30-day return policy on selected items based on manufacturer return policies. For further information not listed, please contact your PROVISIO account manager. For faster service, please have the following information on hand: Customer name and number, invoice number, serial number and the reason for the return. All products returned MUST: be 100 percent complete and contain ALL original manufacturer boxes and packing materials, all manuals, accessories and any other documentation included with the original shipment. Shipping charges on returned items are the Customer’s responsibility; PROVISIO will match the shipping method and pay for shipping on replacement or exchange item(s). For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery. If you receive damaged merchandise, it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier’s delivery record in order for PROVISIO to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify PROVISIO immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify PROVISIO of damaged goods within the first 15 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Contact your PROVISIO account manager to arrange for carrier inspection and a pick up of damaged merchandise. DEFECTIVE returns can be returned directly to PROVISIO within 30 days from the invoice date, at PROVISIO’s discretion for: credit, replacement, exchange or repair. NON-DEFECTIVE returns can be accepted directly by PROVISIO within 30 days from the invoice date, at PROVISIO’s discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 15 percent restocking fee. Due to manufacturer’s policies, all HW Las Vegas products are non-returnable; PROVISIO cannot make any exceptions to allow returns on these items, for any reason. Customer must contact HW Las Vegas directly for service.

Credit Card / Check payment / Wire transfer policy

PROVISIO will accept a cashiers check or money order on all COD orders. PROVISIO will accept personal and business checks for prepay orders, but allow 10 business days for clearing. If your payment is returned for insufficient funds, you will be required to pay all bank fees and any collection and/or legal fees required to collect the full amount. Payments returned for ‘stop-payment’ or credit card ‘charge-back’ will be considered fraud, and you will be prosecuted to the fullest extent allowed by law. PROVISIO charges a US$ 25.00 processing fee if the Customer pays by wire transfer and the total wire amount is less than US$ 1,000.00. The governing laws of the State of Florida, USA will apply, in addition to United States Federal Law, United States Copyright Laws and International Copyright Laws.