POGO Engineering - Terms of use and User Agreement

Terms of use

Introduction

This User Agreement is between you and POGO Engineering LLC, also referred to as WashAnalytics.com
POGO Engineering and WashAnalytics.com is a platform that provides users with the ability to analyze and visualize data. With the use of our patented and/or patent-pending hardware, users can record estimates of services purchased at their own business and analyze the data to identify customer trends and make informed decisions. By using WashAnalytics.com, you agree to the following terms of use. If you do not agree to these terms, please do not use the platform.

User Guidelines

WashAnalytics.com is intended for use by business owners and managers who wish to analyze data related to their business. Users are prohibited from using the platform for any illegal or unauthorized purpose. Users are also prohibited from violating any laws in their jurisdiction while using the platform. Users are responsible for maintaining the security of their account and password. WashAnalytics.com reserves the right to terminate accounts that violate these guidelines.

Limitation of Liability

POGO Engineering LLC is not liable for any errors or inaccuracies in the content provided on the platform. The data recorded by the WashAnalytics hardware is an estimate only based on the detection of electrical signals and as such should not be relied upon for accurate sales reporting, banking, accounting, or operating purposes. POGO Engineering LLC is not liable for any third-party user posts or content. POGO Engineering LLC is not liable for any losses incurred to users while using the platform. POGO Engineering LLC is not liable for any damages resulting from the use of the platform.

Governing Law and jurisdiction

These terms of use are governed by the laws of the state of Missouri. Any disputes arising from the use of the platform will be filed and resolved in the state of Missouri.

Intellectual Property

Users are prohibited from copying, distributing, or modifying any content on the platform without the express written consent of POGO Engineering LLC. Users are prohibited from using any trademarks or logos of POGO Engineering LLC without the express written consent of POGO Engineering LLC. Users are prohibited from reverse engineering, decompiling, or disassembling any software programs provided by POGO Engineering LLC or hardware manufactured by POGO Engineering LLC.

Licensing

When you submit, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. WashAnalytics may use your content for marketing purposes, whether to run ads, promote the platform, or for any other purpose.

Privacy Policy

POGO Engineering LLC collects personal information from users in order to provide the services offered on the platform. POGO Engineering LLC will not sell or share your personal information with third parties. POGO Engineering LLC will only use your personal information in accordance with the privacy policy.

Termination

Users may terminate their account at any time by contacting POGO Engineering LLC. POGO Engineering LLC reserves the right to terminate accounts that violate the terms of use. POGO Engineering LLC reserves the right to terminate accounts that are inactive for an extended period of time. POGO Engineering LLC reserves the right to terminate accounts that are used for illegal or unauthorized purposes. Users may opt to delete their account at any time. WashAnalytics may not delete all data associated with the account unless requested by the user. If requested, WashAnalytics will delete all data associated with the account within 30 days of the request, unless required by law to retain the data.

User Rights

Users have the right to withdraw from the platform at any time. Users have the right to return any hardware purchased from POGO Engineering LLC within 30 days of purchase in accordance with our refund policy. Users have the right to request the deletion of their account and all associated data at any time.

Dispute Resolution

Any disputes arising from the use of the platform will be resolved through arbitration. The arbitration will be conducted in the state of Missouri. The decision of the arbitrator will be final and binding.

Subscriptions and Payments

WashAnalytics.com uses a third party payment processor to process payments and does not store any bank or card information on its servers. WashAnalytics.com reserves the right to change the payment processor at any time. WashAnalytics.com uses a token-based subscription model. Users must purchase tokens in order to use certain services. These services may include data analysis, data visualization, email and SMS notifications, and other premium features. Users may purchase tokens through the platform at varying quantities. The tokens deducted from your account vary based on the services used. WashAnalytics.com will notify customers by email of any changes to the token system at least 7 days before the change takes place. WashAnalytics.com reserves the right to change the services offered at any time. WashAnalytics.com reserves the right to change the quantity of tokens required for each service at any time. WashAnalytics.com reserves the right to change the method of payment at any time. WashAnalytics.com reserves the right to change the refund policy at any time. WashAnalytics.com reserves the right to change the subscription model at any time.

Warranty

LIMITED WARRANTY AGREEMENT OF POGO Engineering LLC. POGO Engineering LLC, (“Seller”) warrants to Purchaser that all new equipment shall be free from defects in material and factory workmanship for a period of one (1) year from the original shipping date. POGO Engineering LLC further warrants if any part of said new equipment in Seller’s sole opinion, requires replacement or repair due to a defect in material or factory workmanship during said period, Seller will repair or replace said new equipment. Purchaser’s remedies and the liabilities and obligations of Seller herein shall be limited to repair or replacement of the equipment as Seller may choose, and Seller’s obligation to remedy such defects shall not exceed the Purchaser’s original cost for the equipment. Purchaser EXPRESSLY AGREES this is the EXCLUSIVE REMEDY under this warranty. There are no other express or implied warranties which extend beyond the face hereof. All warranty repair service must be performed by either a Factory Trained Service Representative or POGO Engineering LLC, 16070 White rd, Green Ridge, Missouri 65332. The limited warranty for new equipment is conditioned upon the following:

1. The subject equipment has not, in the Seller’s sole opinion, been subjected to: accident, abuse, misuse, vandalism, civil disobedience, riots, acts of God, natural disaster, acts of war or terrorism.
2. The Seller shall not be liable for any expense incurred by Purchaser incidental to the repair or replacement of equipment and Purchaser shall assume full responsibility for any freight or shipping charges.
3. The coverage of this warranty shall not extend to expendable parts.
4. Purchaser shall have a proof of date of purchase to present to Seller prior to any claim in order for warranty protection to apply.

Seller further warrants all repair or service work performed by a factory trained representative or Hamilton Manufacturing Corp. for a period of ninety (90) days from the date the repair or service work was performed. Purchaser’s remedies and the liabilities and obligations of Seller herein shall be limited to repair or replacement of equipment as Seller may choose, and Seller’s obligation to remedy such defects shall not exceed the Purchaser’s depreciated value of the equipment. Purchaser EXPRESSLY AGREES this is an EXCLUSIVE REMEDY under this warranty. There are no other express or implied warranties on repair or service work performed by a factory trained representative or Hamilton Manufacturing Corp. which extend beyond the face hereof.

1. The subject equipment has not, in the Seller’s sole opinion, been subjected to: accident, abuse, misuse, vandalism, civil disobedience, riots, acts of God, natural disaster, acts of war or terrorism.
2. The Seller shall not be liable for any expense incurred by Purchaser incidental to the repair or replacement of equipment and Purchaser shall assume full responsibility for any freight or shipping charges.
3. The coverage of this warranty shall not extend to expendable parts.
4. Purchaser shall have a proof of date of purchase to present to Seller prior to any claim in order for warranty protection to apply.
5. No person or entity other than a factory trained representative or POGO Engineering LLC has performed or attempted to perform the subject repair or service.

THIS AGREEMENT IS MADE WITH THE EXPRESS UNDERSTANDING THAT THERE ARE NO IMPLIED WARRANTIES THAT THE EQUIPMENT SHALL BE MERCHANTABLE, OR THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. PURCHASER HEREBY ACKNOWLEDGES THAT IT IS NOT RELYING ON THE SELLER’S SKILL OR JUDGMENT TO SELECT OR FURNISH EQUIPMENT SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THAT WHICH IS DESCRIBED HEREIN. The Purchaser agrees that in no event will the Seller be liable for direct, indirect, or consequential damages or for injury resulting from any defective or non-conforming new, repaired or serviced equipment, or for any loss, damage or expense of any kind, including loss of profits, business interruption, loss of business information or other pecuniary loss arising in connection with this Limited Warranty Agreement, or with the use of, or inability to use the subject equipment regardless of Sellers knowledge of the possibility of the same.

Platform

POGO Engineering LLC provides the WashAnalytics.com platform "as is" and "as available" without any warranty of any kind. POGO Engineering LLC does not warrant that the platform will be error-free or uninterrupted. The Purchaser agrees that in no event will the Seller be liable for direct, indirect, or consequential damages, loss,or expense of any kind, including loss of profits, business interruption, loss of business information or other pecuniary loss arising in connection with this Limited Warranty Agreement, or with the use of, or inability to use the subject equipment regardless of Sellers knowledge of the possibility of the same.

Contact Information

If you have any questions or concerns about these terms of use, please contact us at Contact@WashAnalytics.com

Last updated: 07/14/2024