User Agreement

This End User User License Agreement (the "Agreement") dated as of the date of acceptance by means of a click-through, is made by and among Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS and the entity designated by the registration data provided herewith (Licensee) and applies to Licensee's use of software downloaded from Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS and Licensee's use of services provided by Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS

READ THIS LICENSE CAREFULLY BEFORE LOADING OR ACCESSING ANY SOFTWARE FROM Shift6 Solutions LLC, DBA Ricochet Consignment Software OR USING THE SOFTWARE OR SERVICES OF Shift6 Solutions LLC, DBA Ricochet Consignment Software. BY LOADING OR ACCESSING THE Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS SOFTWARE OR USING THE SERVICES OF Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS, LICENSEE ACCEPTS AND AGREES TO BECOME BOUND BY THE TERMS OF THIS LICENSE.

Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS RESERVES THE RIGHT TO MODIFY THE TERMS OF THIS AGREEMENT BY PROVIDING NOTICE OF CHANGES ON THE Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS WEBSITE. LICENSEE AGREES TO PERIODICALLY INSPECT THE Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS WEBSITE TO STAY INFORMED ABOUT SUCH CHANGES. LICENSEE AGREES THAT LICENSEE'S CONTINUED USE OF THE Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS SERVICE AFTER SUCH CHANGES ARE ANNOUNCED CONSTITUTE ACCEPTANCE OF SUCH CHANGES.

LICENSEE AGREES THAT THE SOFTWARE AND WEBSITE SERVICES ARE PROVIDED "AS IS." ANY USE OF THE Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS SOFTWARE AND WEBSITE IS AT LICENSEE'S SOLE AND ABSOLUTE RISK. IN NO EVENT, WILL Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS, INC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE OR THE Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS WEBSITE SERVICES, ERRORS IN OR LOSS OF ANY DATA, EVEN IF Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SPECIFICALLY, Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE OR SERVICES, LOSS OF DATA, THE COSTS OF RECOVERING DATA, ANY CLAIMS BY THIRD PARTIES, OR FOR OTHER SIMILAR COSTS. Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS MAKES NO WARRANTY OF ANY KIND AS TO THE SUITABILITY OR ADEQUACY OF THE Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS SOFTWARE OR WEBSITE SERVICES FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

LICENSEE ACKNOWLEDGES AND AGREES THAT SHARING OF ITS ACCOUNT INFORMATION, LOGIN INFORMATION OR PASSWORDS SHALL BE AT ITS SOLE AND ABSOLUTE RISK AND THAT Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING AS A RESULT OF SUCH SHARING. Shift6 Solutions LLC, DBA Ricochet Consignment Software shall retain the ownership of this copy of Shift6 Solutions LLC, DBA Ricochet Consignment Software software and the documentation provided therewith (referred to as a single entity, or as components, as "the Licensed Software") which is licensed on a non-exclusive basis for use under the following conditions.

Permitted Uses

Subject to the terms hereunder, Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS hereby grants to Licensee a limited, non-exclusive, non-transferrable license, without the right to sub-license, to install and operate the Licensed Software and to operate an account on the Shift6 Solutions LLC, DBA Ricochet Consignment Software website solely for the benefit of Licensee and not for any third party, until the termination of this Agreement. Any rights not expressly granted hereunder are reserved. The are no implied rights of any kind.

Prohibited Uses/you Shall Not

(a) Make copies of or further distribute the Licensed Software, including copying onto any other medium, (b) distribute, rent, sublicense, lease, resell, or assign the Licensed Software, (c) alter, modify or adapt the Licensed Software or the Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS website (ricoconsign.com, including but not limited to, translating, decompiling, disassembling, reverse engineering, or creating derivative works, (d) export the Licensed Software without the appropriate foreign government licenses and without Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS's prior written approval, (e) resell, rent or otherwise provide access to the Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS website services to a third party or (f) take any action in an attempt to obtain any other Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS user's data, cause malfunction, crash, tamper with or otherwise impair the Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS website and it services. Any rights not expressly granted hereunder are reserved by Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS.

No rights in the Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS software or services are granted, whether expressly or by implication, including, without limitation, any rights in any patents, copyrights, trademarks or trade secrets embodied therein, except in connection with the permitted uses expressly described herein.

Fees

Licensee agrees to timely pay the monthly or yearly fee set out in the order form on as required by the Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS website. Failure to comply with or otherwise pay fees due is a material breach of this agreement.

Free Trials give licensee full access to software application product provided by Shift6 Solutions LLC, DBA Ricochet Consignment Software for listed amount of days and time as listed on Shift6 Solutions LLC, DBA Ricochet Consignment Software's website. Trial periods can be shortened or terminated at any time by Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS at the discretion of Shift6 Solutions LLC, DBA Ricochet Consignment Software or when certain services rendered by Shift6 Solutions LLC, DBA Ricochet Consignment Software including but not limited to data transfers from other point of sale or inventory control software.

Data

Licensee acknowledges and agrees to the terms of the Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS privacy policy located here. Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS agrees that as between Licensee and Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS, Licensee's data maintained by Licensee on the Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS website/server belongs to Licensee. Licensee hereby grants permission to Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS for Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS to use the data solely for providing Licensee the Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS account, improving and maintaining the Shift6 Solutions LLC, DBA Ricochet Consignment Software website services and for analytical purposes in a manner where such data is aggregated with other user data and cannot be readily reverse engineered into personally identifiable information.

End Customer Personal Information

Licensee agrees that notwithstanding anything to the contrary herein, Licensee shall handle any personally identifiable information that it inputs into the Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS system in the following manner: (i) in the event Licensee seeks to export such data, Licensee shall use a commercially reasonable contact management tool to provide an opt-out mechanism for anyone who has provided Licensee personally identifiable information that is stored on Shift6 Solutions LLC, DBA Ricochet Consignment Software's systems, (ii) Licensee agrees that Shift6 Solutions LLC, DBA Ricochet Consignment Software can delete such data in the event the person whose data it is exercises the Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS opt-out mechanism and (iii) any use of such data by Licensee shall comply with Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS's privacy policy. Licensee shall indemnify and hold harmless Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS from any claim brought against Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS alleging that personal information stored on Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS was improperly used where such use was by Licensee while such information was stored on Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS or any use after Licensee has exported such data.

Termination/Cancellation

Licensee may terminate this license at any time and cancel their account at anytime. Any refund of service dues will be handled on a case by case basis. Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS Inc., in its sole discretion, has the right to suspend or terminate this license and your account and refuse any and all current or future use of the Service for any reason at any time if you do not comply with this Agreement. This license and Licensee's right to use the Licensed Software and Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS services automatically terminate if Licensee fails to comply with any provision of this Agreement. Licensee's duties to (i) pay amounts due and payable, (ii) refrain from any kind of reverse engineering or other act in violation of this agreement or (iii) indemnify Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS with regard to end customer personal information shall survive termination of this Agreement. Upon termination Licensee will destroy all copies of the Licensed Software and documentation onto which the Licensed Software or documentation has been installed. Upon termination Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS shall terminate the Licensee's access to their Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS account, the account itself and the data residing therein. LICENSEE MUST EXPORT THEIR ACCOUNT DATA PRIOR TO NOTIFICATION OF TERMINATION OF THE SERVICE. Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS SHALL NOT BE RESPONSIBLE FOR LICENSEE ACCOUNT DATA AFTER TERMINATION NOTIFICATION. In addition, Shift6 Solutions LLC, DBA Ricochet Consignment Software reserves the right and Licensee acknowledges such right for Shift6 Solutions LLC, DBA Ricochet Consignment Software to terminate service of Licensee's account on 30 days notice if Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS determines in its sole discretion that it is not capable of fully meeting the apparent requirements of Licensee.

Confidentiality

Licensee agrees that the Licensed Software and the operation of the Shift6 Solutions LLC, DBA Ricochet Consignment Software services and its processes is the confidential information of Shift6 Solutions LLC, DBA Ricochet Consignment Software and agrees not to disclose such software or such operation and processes to any third party. Licensee agrees that breach of this duty of confidentiality shall cause irreparable harm for which monetary damages would be difficult to quantify or insufficient and therefore Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS shall be entitled to immediate injunctive relief in the event of breach without an obligation of posting bond. Some countries do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Representation

The person assenting to this End User License Agreement represents and warrants that it has the due right and power to enter into this Agreement, entering into this Agreement will not cause the breach of any agreement Licensee has with a third party and that all of the registration information provided to Shift6 Solutions LLC, DBA Ricochet Consignment Software, DBA Ricochet POS is accurate in all respects.

Partnered Services

Dwolla ACH:"Dwolla Account" - In order to use the payment functionality of our application, you must open a “Dwolla Account” provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at www.ricoconsign.com, support@ricoconsign.com and/or 208-209-6697.

"Receive Only" - If you register to create an account to receive payments via our application, you expressly authorize Ricochet POS’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You must be at least 13 years old and obtain parental permission if under 18 to receive funds. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.