Last Updated: January 16th, 2018

 

​1. General

​Welcome to the web site of AST POS, www.astpos.com (the “Site” or “Web Site”). AST POS is the sole owner of this Site. Set out below are Terms and Conditions for use of this Site. You agree to be bound by these terms if you use our Site.

These Terms of Use are a legally binding agreement between AST POS (“the Company”, “we” or “us”) and between you (“user” or “you“).

These Terms of Use constitute the entire agreement between you and the Company concerning your use of AST POS’ website or any of AST POS’ applications (each, an “App”).

Please read the Terms of Use carefully before installing or using our Services.

 

2. Disclaimer of Warranty, Limitation of Liability, and Release 

The content and all other information and materials contained in the website, including text, graphics, links, or other items are provided “as is” and “as available”. AST POS does not warrant the accuracy, adequacy, or completeness of information found on the Site. This information and materials expressly disclaims liability for errors or omissions in this information and materials. The documents and related graphics published on the website could contain technical inaccuracies or typographical errors. Your reliance on information found on the Site is at your own risk. AST POS does not warrant or make any representations regarding the materials on this Site in terms of their timeliness, correctness, accuracy, reliability, or otherwise.

Under no circumstances will AST POS or any others involved in creating the Site and its contents be liable for any damages or injury, including any direct, indirect, incidental, special, consequential, punitive or other damages resulting from any circumstance involving the Site or its content. AST POS does not warrant that the website is compatible with your equipment or that the content is free from errors, viruses, worms, Trojan horses, or any other harmful, invasive, or corrupted files, or that the websites will be uninterrupted, secure, or error-free.

Your use of the website is at your own risk. AST POS nor any of their respective officers, employees, agents, or other representatives will be liable for any damages, whether direct, indirect, incidental, consequential, special, or punitive, including without limitation, loss of data, income, profit or goodwill, loss of or damage to property, and claims of third parties arising out of your access to or use of the website or arising out of any action taken in response to or as a result of any content available on the websites.

 

3. Links to Other Sites

Our Site may provide links to web sites not operated by AST POS. Access to any other sites linked to this Site is at your own risk. AST POS disclaims liability for any information, materials, products or services posted or offered at any Linked Site, even if someone from our company is quoted or leaves a comment. Such third party may have a privacy policy different from that of AST POS and the Linked Site may provide less security than the Websites. AST POS is providing the Linked Sites only as a mere convenience. If you decide to access any Linked Site you do so entirely at your own risk. Unless otherwise set forth in a written agreement between you and AST POS, you may link your web site to the home page of our Site. [Provided that you adhere to the following linking policy: (i)the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with AST POS’ name, trademarks, and certification marks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with AST POS, (ii) AST POS reserves the right to revoke its consent to the link at any time and in its sole discretion.

 

4. Violations and Additional Terms

AST POS reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions statement, including suspending or blocking your access to the Site. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.

 

5. Severability

If any clause or provision set forth in this Terms and Conditions statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

 

6. Governing Law and Jurisdiction

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions and/or the Privacy Policy or to this Site shall be governed by and construed in accordance with all applicable federal laws and the laws of the state of California, without regard to conflicts of law provisions. You agree to submit to the personal jurisdiction and venue of the courts of the State of California for any legal proceeding involving the Site, regardless of who initiated the proceeding. This English-language Terms and Conditions statement is AST POS’ official agreement with users of this Site.

 

7. Changes to this Agreement

AST POS reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement at any time. We will provide notice of such change on this web site. Please review the Terms of Use periodically for changes. Your continued use of the AST POS web site constitutes your acceptance of an agreement to be bound by these changes without limitation, qualification or change.

 

8. Contact Information

If you have any questions about these Terms, please contact us at support@astpos.com

 

9. Return Policy

Thanks for choosing Amber Systems Technologies, we’re here to help!

Returns: You have 7 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. All hardware are subject to 15% restocking fee and no refund on software, services, customized labor such as programming, installation or trouble shooting. Your item needs to have the receipt or proof of purchase.

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

Shipping: You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Return policy will apply to any case where the claims do not exceed the amount of purchase.

AST Confidentiality Agreement


It is understood and agreed to that the Discloser and the Recipient would like to exchange certain information that
may be considered confidential. To ensure the protection of such information and in consideration of the agreement
to exchange said information, the parties agree as follows:
1. The confidential information to be disclosed by Discloser under this Agreement (”Confidential Information”) can be
described as and includes:
Technical and business information relating to Discloser’s proprietary ideas, patentable ideas copyrights and/or trade
secrets, existing and/or contemplated products and services, software, schematics, research and development,
production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and
current or future business plans and models, regardless of whether such information is designated as “Confidential
Information” at the time of its disclosure.
In addition to the above, Confidential Information shall also include, and the Recipient shall have a duty to protect,
other confidential and/or sensitive information which is (a) disclosed by Discloser in writing and marked as
confidential (or with other similar designation) at the time of disclosure; and/or (b) disclosed by Discloser in any other
manner and identified as confidential at the time of disclosure and is also summarized and designated as confidential
in a written memorandum delivered to Recipient within thirty (30) days of the disclosure.
2. Recipient shall use the Confidential Information only for the purpose of evaluating potential business and
investment relationships with Discloser.
3. Recipient shall limit disclosure of Confidential Information within its own organization to its directors, officers,
partners, members and/or employees having a need to know and shall not disclose Confidential Information to any
third party (whether an individual, corporation, or other entity) without the prior written consent of Discloser. Recipient
shall have satisfied its obligations under this paragraph if it takes affirmative measures to ensure compliance with
these confidentiality obligations by its employees, agents, consultants and others who are permitted access to or use
of the Confidential Information.
4. This Agreement imposes no obligation upon Recipient with respect to any Confidential Information (a) that was in
Recipient’s possession before receipt from Discloser; (b) is or becomes a matter of public knowledge through no fault
of Recipient; (c) is rightfully received by Recipient from a third party not owing a duty of confidentiality to the
Discloser; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of, Discloser; or
(e) is independently developed by Recipient.
5. Discloser warrants that he/she has the right to make the disclosures under this Agreement.
6. This Agreement shall not be construed as creating, conveying, transferring, granting or conferring upon the
Recipient any rights, license or authority in or to the information exchanged, except the limited right to use
Confidential Information specified in paragraph 2. Furthermore and specifically, no license or conveyance of any
intellectual property rights is granted or implied by this Agreement.

7. Neither party has an obligation under this Agreement to purchase any service, goods, or intangibles from the other
party. Discloser may, at its sole discretion, using its own information, offer such products and/or services for sale and
modify them or discontinue sale at any time. Furthermore, both parties acknowledge and agree that the exchange of
information under this Agreement shall not commit or bind either party to any present or future contractual
relationship (except as specifically stated herein), nor shall the exchange of information be construed as an
inducement to act or not to act in any given manner.
8. Neither party shall be liable to the other in any manner whatsoever for any decisions, obligations, costs or
expenses incurred, changes in business practices, plans, organization, products, services, or otherwise, based on
either party’s decision to use or rely on any information exchanged under this Agreement.
9. If there is a breach or threatened breach of any provision of this Agreement, it is agreed and understood that
Discloser shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive
relief; provided however, no specification in this Agreement of any particular remedy shall be construed as a waiver
or prohibition of any other remedies in the event of a breach or threatened breach of this Agreement.
10. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential
Information and supersedes any prior agreements, understandings, or representations with respect thereto. Any
addition or modification to this Agreement must be made in writing and signed by authorized representatives of both
parties. This Agreement is made under and shall be construed according to the laws of the State of California, U.S.A.
In the event that this agreement is breached, any and all disputes must be settled in a court of competent jurisdiction
in the State of California, U.S.A.
11. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully
as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit
enforcement of the Agreement as a whole.
WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily accept
the duties and obligations set forth herein.
Recipient of Confidential Information:
Name (Print or Type):
Company:
Title:
Address:
City, State & Zip:
Signature:
Date:
Discloser of Confidential Information:
Amber Systems Technologies
Date: 06/01/18
5990 Stoneridge Drive #101 Pleasanton CA 94588 | 925-417-0762 | 888-975-1118 | Fax: 925-399-5686

Leave this empty:

Signed by Suzanne Chen
Signed On: July 22, 2019

Signature Certificate
Document name: AST Confidentiality Agreement
Unique Document ID: 6bc00db2c2e23fef7610a59ed05c61ef8ecae902
Timestamp Audit
July 22, 2019 11:55 PM PDTAST Confidentiality Agreement Uploaded by Suzanne Chen - suzanne@astpos.com IP 76.21.31.54