Terms of Use

Last Modified: April 4, 2012

Welcome to http://www.a-barcode.com/, a service of Dynamic Systems, Inc.  Dynamic Systems offers barcode software, hardware and other tools to help your business reduce cost and improve overall profit margins by effectively managing your assets.

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE.

These Terms are a legally binding contract between you and Dynamic Systems, Inc., located at 15331 NE 90th St. Redmond, WA 98052.  Dynamic Systems, Inc. provides the Services and Products (as defined below) to you subject to and conditioned upon your acceptance of these Terms. 

BY CLICKING “I ACCEPT” BELOW, OR BY ACCESSING AND USING THE SERVICES AND PRODUCTS IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES AND PRODUCTS OR THIS SITE AND EXIT NOW.

Dynamic Systems may update and change any or all of these Terms, including but not limited to the fees and charges associated with the use of the Services and Products.  If we update or change these Terms, we will post the updated Terms at http://www.a-barcode.com/terms-of-use/.  The updated Terms will become effective and binding on the fifth business day after they are posted. When we change these Terms, we will modify the “Last Modified” date above. We encourage you to review these Terms periodically.

1. Description of the Services and Products

Dynamic Systems provides users with access to a rich collection of software, Services and Products, tools, and resources, including without limitation www.a-barcode.com, Dynamic Systems, barcode software, hardware, online store (store.a-barcode.com), and analytics tools, APIs, and other information, content, and Services and Products, which may be accessible through any medium or device now known or hereafter developed (the “Services and Products”).  The Services and Products to which you have access depends on the subscription plan that you choose. Your Dynamic Systems subscription will includes the features that are described on the Dynamic Systems, Inc. website for the product for which you subscribe.  The Services and Products that are available may change from time to time, and Dynamic Systems, Inc. may choose to discontinue some or all of the Services and Products, at its discretion.

You understand and agree that the Services and Products may include certain communications from Dynamic Systems, Inc. or its agents or partners, such as service announcements and administrative messages, and that these communications are considered part of your Dynamic Systems subscription and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services and Products, including the release of new Dynamic Systems properties, shall be subject to these Terms.

2. Registration and Subscription

You can access the www.a-barcode.com website and other websites without registering, but you must register to gain access to many of the Services and Products.  Your use of the Services and Products is governed by these Terms regardless of whether you have registered.

To register, you must provide Dynamic Systems, Inc. with certain information, including your name, a valid mailing address, an email address, payment information, and other information specified in the registration form (“Registration Data”).  By registering, and in consideration of the use of the Services and Products, you represent and warrant that: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You authorize Dynamic Systems, Inc. to confirm the truthfulness and accuracy of the Registration Data.  If you provide any information that is untrue, inaccurate, not current or incomplete, or if Dynamic Systems has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dynamic Systems has the right to suspend or terminate your subscription and refuse any and all current or future use of the Services and Products.

You are responsible for the security of your username(s) and password(s) and for any use of your account. You must immediately notify us of any unauthorized use of your password or account by following the instructions at http://blog.a-barcode.com/support

By registering for, or accessing and using, the Services and Products, you acknowledge receipt of, and signify your agreement to, the Dynamic Systems Privacy Policy, found at www.a-barcode.com/privacy-policy/  and incorporated herein by reference.

Membership in or use of the Services and Products is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited by law from using the Services and Products.

3. Pricing and Payment

Your Dynamic Systems subscription is billed promptly upon your completion of the signup process.

The fee due for a particular Service will depend on the pricing level and particular products that you choose at the time you subscribe / purchase. If you decide to upgrade your service to the next pricing level during the course of a month, you will be charged at the higher level for the next month. The applicable prices are published at http://blog.a-barcode.com/pricing, and they may change from time to time without prior notice to you.

Unless you give us written notice of your intention not to renew at least 30 days in advance of the expiration of your service contract, your contract will be automatically renewed at Dynamic Systems’ then-applicable prices. Dynamic Systems’ determination of the number of contacts in your community shall be conclusive. Your subscription can be canceled for any reason, effective at the end of your current billing period. To cancel, please call us at 1-800-342-3999 ex. 204. No refunds of pre-paid subscription fees will be made.

Payment for additional fees such as consulting packages, professional Services and Products and product training are due at the start of the engagement with no refunds.

All quoted prices are exclusive of sales tax, which will be added when applicable.

4. Dynamic Systems’ Proprietary Rights

The Services and Products are based upon proprietary Dynamic Systems, Inc. technology and include information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags (“Content”).  The Content is protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. All Content and all intellectual property in the Content belongs to and is the property of Dynamic Systems, Inc. or its licensors (if any).  Without limiting the preceding sentence, Dynamic Systems, Inc. owns and retains all copyrights in the individual software(s), web pages, components of web pages, and collective works available through Dynamic Systems, Inc. No part of the service, content, or product may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the content or the Services and Products, in whole or in part, by any means, except as expressly authorized in writing by Dynamic Systems.  Dynamic Systems shall also own, and you assign, all right, title, and interest in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other generalized information provided by you or any other party relating to us or pursuant to these Terms or in the course of your use of the Services and Products or Product.

Dynamic Systems, the Barcode Triangle, the Dynamic Systems logos, Performable, and the Performable logos are trademarks and the property of Dynamic Systems, Inc. The appearance, layout, color scheme, and design of the www.a-barcode.com site is protected trade dress. You do not receive any right or license to use them.

5. Use and Limitations of Use

Dynamic Systems, Inc. grants you a personal, non-transferable and non-exclusive right and license to use the Services and Products that correspond to the Product, Service or Subscription you have purchased, on these Terms.

Dynamic Systems provides toll-free 1-800-342-3999 ext. 204 or email help@dsisales.com access for CheckMate customers. Support specialists are available to answer questions relating to the operation of the CheckMate programs.

Support calls are limited assistance with technical or functional problems that you are experiencing with our CheckMate software. The support contract does not cover the following services: onsite support, installation, extensive training, computer network support, custom programming, or non-CheckMate related questions. All equipment comes with a manufacturer’s warranty. Dynamic Systems will facilitate any hardware issues.

The Support Plan is designed to give software support to CheckMate users as follows:

1) Support is available to CheckMate customers during our normal business hours (8am to 5pm PT) Monday through Friday.

2) Our goal is to have your help calls answered by a live person. If you must leave a message, every attempt will be made to return your call within 4 business hours.

3) Email and toll free phone number – You will have access to a toll-free number 1-800-342-3999 and the DSI Support email box help@dsisales.com, which is checked regularly during business hours.

4) Software Updates – From time to time DSI releases Software Updates; these are included free with a Support Contract.

Your license to use the Services and Products is conditioned upon your representations and warranties that:

1) you will not (and will not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code;

2) you will not sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Services and Products in any way, or ;

3) you will not use the Services and Products in any manner that could damage, disable, overburden, or impair any Dynamic Systems, Inc. website or interfere with any other party’s use and enjoyment of the Services and Products;

4) you will not modify software made available to you through the Services and Products in any manner or form, nor use modified versions of the Services and Products or software, including (without limitation) for the purpose of obtaining unauthorized access to the Services and Products;

5) you will not access the Services and Products by any means other than through the interface that is provided by Dynamic Systems, Inc. for use in accessing the Services and Products;

6) you will not obtain or attempt to obtain any materials or information through any means that Dynamic Systems, Inc. has not intentionally made available or provided; and

7) you will not use the Services and Products for any purpose that is unlawful or prohibited by these terms, conditions, and notice. Any unauthorized use of the Content or any Services and Products may violate patent, copyright, trademark, and other laws. You agree to cooperate with Dynamic Systems, Inc. to prevent any unauthorized copying of the Services and Products or Content.

6. Termination

Your use of the Services and Products is subject to and expressly conditioned on your compliance with these Terms. If you fail to comply with the Terms or any other guidelines and rules published by Dynamic Systems, Inc., we may terminate and/or suspend your access to any portion of the Services and Products. Any such termination or suspension shall be in Dynamic Systems, Inc.’s sole discretion and may occur without prior notice, or any notice. Dynamic Systems, Inc. further reserves the right to terminate or suspend any user’s access to the Services and Products or to any portion of the Services and Products in response to any conduct or activity that Dynamic Systems, Inc., in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Dynamic Systems, Inc. or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Dynamic Systems, Inc. further reserves the right to terminate or suspend any user’s access to the Services and Products, or to terminate the Services and Products in their entirety, for any reason or for no reason at all, in Dynamic Systems, Inc. sole discretion, without prior notice, and with no liability to you.

Upon termination, you shall immediately destroy any Content in your possession, if any, and cease use of the Services and Products.  Sections 4, 6, 7, 10, 11, 14, 16, 17, 18, and 20 of these Terms  shall survive termination.

7. Consulting Services and Products

Dynamic Systems, Inc. offers consulting packages for its customers to provide training and expertise to help our customers succeed. Fees for these Services and Products are in addition to your service contract fee.  Hours purchased as part of a consulting package are nonrefundable and expire within the timeline designated on your consulting contract. Initial consulting engagements typically include 30 minutes of preliminary research. Please contact your salesperson to learn more about Dynamic Systems, Inc. consulting packages.

8. Customer Support

1 hour of Customer Support is provided with your purchase and is included in your fee.

Phone support for the Services and Products is available 8AM to 5PM Pacific Standard Time, Monday through Friday, excluding US national holidays. We accept webform submissions 24 Hours per Day x 7 Days per Week at http://blog.a-barcode.com/support.  Webform responses are provided during regular business hours only.  We attempt to respond to webform support questions within one business day; in practice, our responses are generally even faster, however, we do not promise or guarantee any specific response time.

9. Customer Reference

You agree that we can use your company name and logo in connection with marketing and promoting the Services and Products.

10. Use of Communications Services and Products

The Services and Products may include bulletin board Services and Products, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities that enable you to communicate with the public at large or with a group (collectively, “Communication Services and Products”).  You agree to use the Communication Services and Products only to post, send and receive messages and material that are appropriate and related to the particular Communication Service, as determined by Dynamic Systems, Inc. in its sole discretion. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer.
  • Advertise or offer to sell or buy any goods or Services and Products for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services and Products.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

We reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion but undertake no obligation to monitor the Communication Service. We reserve the right to terminate your access to any or all of the Communication Services and Products at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about any person in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, Dynamic Systems, Inc. specifically disclaims any liability with regard to the Communication Services and Products and any actions resulting from your participation in any Communication Service. Communication Service managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

11. Customer Data Confidentiality

Confidential customer data is the property of the customer. Dynamic Systems, Inc. will not use personally-identifiable confidential data without prior customer consent. Dynamic Systems, Inc. may use aggregate de-identified customer data and statistics for internal analysis and external marketing purposes.

The privacy of your information is important to us. We only use information you provide as permitted by our Privacy Policy and applicable law. You may review our Privacy Policy at the following link: http://www.a-barcode.com/privacy-policy.

12. Disclaimers; Limitations of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SERVICES AND PRODUCTS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND PRODUCTS. DYNAMIC SYSTEMS, INC. AND/OR OUR LICENSORS AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AND PRODUCTS AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES AND PRODUCTS SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

DYNAMIC SYSTEMS, INC. AND/OR OUR LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND PRODUCTS AND RELATED GRAPHICS AVAILABLE THROUGH THE SERVICES AND PRODUCTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND PRODUCTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DYNAMIC SYSTEMS, INC. AND/OR OUR LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND PRODUCTS AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

DYNAMIC SYSTEMS TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY AND SECURITY OF THE INFORMATION THAT YOU PROVIDE TO US OR THAT YOU COLLECT OR SUBMIT WHILE USING THE SERVICES AND PRODUCTS. THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION, OR ALTERATION WHILE IN TRANSIT. MOREOVER, BECAUSE NO SYSTEM CAN BE 100% SECURE, WE DISCLAIM ALL WARRANTIES REGARDING THE SECURITY OF THE SERVICES AND PRODUCTS.  IN NO EVENT WILL WE BE LIABLE IN ANY WAY IF INFORMATION THAT YOU PROVIDE TO US OR COLLECT THROUGH THE SERVICES AND PRODUCTS IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR AUTHORIZATION OR CONSENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DYNAMIC SYSTEMS, INC. AND/OR OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES AND PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE SERVICES AND PRODUCTS, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND PRODUCTS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND PRODUCTS AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES AND PRODUCTS, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES AND PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DYNAMIC SYSTEMS, INC. OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF DYNAMIC SYSTEMS, INC., OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND PRODUCTS.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, DYNAMIC SYSTEMS, INC. IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF DYNAMIC SYSTEMS, INC. AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF FIVE THOUSAND DOLLARS ($5,000.00) OR THE TOTAL AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICES AND PRODUCTS IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

YOU UNDERSTAND AND AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART OF THIS AGREEMENT.  YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, DYNAMIC SYSTEMS, INC. WOULD NOT PROVIDE THE SERVICES AND PRODUCTS TO YOU.

13. Indemnification

You agree to indemnify and hold Dynamic Systems, Inc. (and its officers, directors, employees, agents, affiliates, and licensors) harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are “Claims”) by a third party arising out of (a) your use of the Services and Products; (b) your noncompliance with or breach of any of these Terms, (c) your use of Flash Cookies, or (d) the unauthorized use of the Services and Products by any other person using your user information. At Dynamic Systems, Inc.’s option, you shall assume control of the defense and settlement of any Claim subject to indemnification by you (provided that, in such event, Dynamic Systems, Inc. may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, you shall not settle any such Claim without Dynamic Systems, Inc.’s prior written consent).

14. General

To the maximum extent permitted by law, these Terms are governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Seattle, Washington, U.S.A. in all disputes arising out of or relating to the use of the Services and Products. Use of the Services and Products is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services and Products.

Dynamic Systems, Inc.’s provision of the Services and Products is subject to existing laws and legal process, including our rights and obligations to cooperate and comply with governmental, court and law enforcement requests or requirements relating to your use of  the Services and Products or information provided to or gathered by us with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Unless otherwise expressly stated herein, these Terms constitute the entire agreement between you and us with respect to the Services and Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dynamic Systems, Inc. with respect to the Services and Products.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.