Welcome to this Pointmanagementgroupllc.com Site and subsidiary pages, which is owned and operated by Point Management Group LLC (“Point Management Group” or “we”). The services offered by Point Management Group and any other feature, content, or applications offered from time to time by Point Management Group in connection with Pointmanagementgroupllc.com (collectively, “Point Management Group Services”) Point Management Group is based in the United States and the Point Management Group Services are hosted in the United States.
Eligibility for Site Registration and Account Security
Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify Point Management Group immediately if you suspect any unauthorized use of, or access to, your account or password.
This Agreement remains in full force and effect while you use the Point Management Group Services. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing info @Pointmanagementgroupllc.com, Subject: Terminate My Account. Point Management Group may terminate your account and/or access to the Point Management Group Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the Point Management Group Services is terminated, this Agreement will remain in effect. You agree that your account is non – transferable
and any rights to your account terminate upon your death.
You acknowledge that Point Management Group reserves the right to charge subscription fees for any portion of the Point Management Group Services. Point Management Group will provide you with at least 30 days advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Point Management Group Services after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription. If Point Management Group suspends or terminates your account and/or access to the Point Management Group Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
Purchasing Site Services or Products
Point Management Group makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. Point Management Group provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Point Management Group will in no way be responsible or liable to you for any such breach.
Point Management Group will not store any record of Personal Financial Information related to purchases or other transactions you make through the Point Management Group Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
Point Management Group Content
The Point Management Group Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of Point Management Group (“Point Management Group Content”). Point Management Group Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Point Management Group, Point Management Group owns and retains all rights in the Point Management Group Content and the Point Management Group
Services. Point Management Group hereby grants you a limited, revocable, nonsublicensable license to access and display the Point Management Group Content (excluding any software code) solely for your personal, non – commercial use in connection with viewing the Site and using the Point Management Group Services. The Point Management Group Services may also contain Content of users and other Point Management Group licensors. Except as provided in this Agreement or as explicitly allowed on the Point Management Group Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Point Management Group Services.
Except as explicitly and expressly permitted by Point Management Group, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on – line postcards, montages, mash – ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Point Management Group Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web – based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo – filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from Point Management Group. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting Point Management Group in writing at: Legal Department, Point Management Group, Inc, 7525 E Williams Dr Scottsdale, AZ 85255 or by emailing info@Pointmanagementgroupllc.com , Subject: Content Request.
Your Use of Point Management Group Services
The Point Management Group Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from Point Management Group. Point Management Group reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Point Management Group Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the Point Management Group Services. You understand that Point Management Group does not control the User Content posted by users via the Point Management Group Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Point Management Group assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Point Management Group Services, please report this immediately to Point Management Group by emailing,info@Pointmanagementgroupllc.com, Subject: Misuse of Point Management Group Services. Point Management Group assumes no responsibility for monitoring the Point Management Group Services for inappropriate Content or conduct. If at any time, Point Management Group chooses in its sole discretion to monitor the Point Management Group Services, Point Management Group nonetheless assumes no responsibility for Content other than Point Management Group Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the Point Management Group Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Point Management Group Services, including Point Management Group’ servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Point Management Group Services;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Point Management Group Services, or to circumvent or modify any security technology or software that is part of the Point Management Group Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Point Management Group Services. If you do so, you acknowledge you will have caused substantial harm to Point Management Group, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Point Management Group $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Point Management Group’ prior written consent;
- Use the Point Management Group Services to advertise or promote competing services;
- Use the Point Management Group Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
Point Management Group reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Point Management Group in its sole discretion. You acknowledge Point Management Group reserves the right to investigate and take appropriate legal action against anyone who, in Point Management Group’ sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Point Management Group may access, preserve or disclose information you provide to the Site, including User Content, when Point Management Group has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Point Management Group, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Point Management Group Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Message Boards and Public Forums
The Site offers users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and Point Management Group cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Point Management Group is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. Point Management Group reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
Your Proprietary Rights
Point Management Group does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Point Management Group Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by Point Management Group or any Affiliated Company. By posting any User Content on, through or in connection with the Point Management Group Services, you hereby grant to Point Management Group and our Affiliated Companies, licensees and authorized users, a perpetual, non – exclusive, fully – paid and royalty – free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Point Management Group Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes.
Point Management Group’ use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Point Management Group reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Point Management Group Services.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Point Management Group Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Point Management Group Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Point Management Group Services or Third Party Services.
Copyrights and Other Intellectual Property
Point Management Group respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Point Management Group has a policy of terminating repeat infringers’ access to the Point Management Group Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Site infringes your copyright, please send Point Management Group’ Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Point Management Group Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Point Management Group’ Copyright Agent for notification of claimed infringement can be reached as follows: Legal Department, Point Management Group, Inc 7525 E Williams Dr Scottsdale, AZ 85255, via Telephone: (480) 948-6131or by emailing info@Pointmanagementgroupllc.com.
Third Party Links and Services
Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Point Management Group Services does not imply approval or endorsement of the Third Party Service. Point Management Group is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an Affiliated Company or a company otherwise connected with the Site. By using the Point Management Group Services, you acknowledge and agree that Point Management Group is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. Point Management Group encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to the Site, you must contact the Legal Department at Point Management Group at info@Pointmanagementgroupllc.com, Subject: Request for Permission to Link to Site, before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or Point Management Group, including its respective employees, agents, directors, officers or shareholders.
You are solely responsible for your interactions with other Point Management Group users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Point Management Group Services. Point Management Group reserves the right, but has no obligation, to become involved in any way with these disputes.
The Point Management Group Services are provided “AS – IS” and “as available” and Point Management Group does not guarantee or promise any specific results from use of the Point Management Group Services. Point Management Group expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non – infringement. In particular, Point Management Group makes no warranty that your use of the Point Management Group Services will be uninterrupted, timely, secure or error – free or that any information obtained by you on, through or in connection with the Point Management Group Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will Point Management Group be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Point Management Group Services, problems or technical malfunction in connection with use of the Point Management Group Services, attendance at a Point Management Group event, any material downloaded or otherwise obtained in connection with the Point Management Group Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Point Management Group Services, or the conduct of any users of the Point Management Group Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is
solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Point Management Group.
Limitation on Liability
IN NO EVENT WILL POINT MANAGEMENT GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE POINT MANAGEMENT GROUP SERVICES, EVEN IF POINT MANAGEMENT GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, POINT MANAGEMENT GROUP’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO POINT MANAGEMENT GROUP FOR THE POINT MANAGEMENT GROUP SERVICES DURING THE TERM OF YOUR USE OF THE POINT MANAGEMENT GROUP SERVICES.
U.S. Export Controls
Software available in connection with the Point Management Group Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Point Management Group Services or otherwise exported or re – exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
This Agreement will be governed by, and construed in accordance with, the laws of the State of Arizona, without regard to its conflict of law provisions. You and Point Management Group agree to submit to the exclusive jurisdiction of the courts located in Phoenix, Arizona to resolve any dispute arising out of this Agreement or the Point Management Group Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS – CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold Point Management Group, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the Point Management Group Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Point Management Group Services.
Point Management Group does not knowingly accept, via the Point Management Group Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Point Management Group’ policy is to simply delete any
such submission without reading it or forwarding it to other Point Management Group staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any Point Management Group or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Point Management Group via the Point Management Group Services (including but not limited to any public forum), however, such submissions and copyright become the property of Point Management Group and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Point Management Group sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Point Management Group or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Point Management Group may, from time to time, post Point Management Group employment opportunities on the Point Management Group Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Point Management Group in response to employment listings, you are authorizing Point Management Group to utilize this information for all lawful and legitimate hiring and employment purposes. Point Management Group also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the Point Management Group Services will constitute a promise by Point Management Group to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Point Management Group Services constitute a promise that Point Management Group will review any or all of the information submitted to it by users of the Point Management Group Services.
The failure of Point Management Group to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. Point Management Group, the Point Management Group logo and affiliate Point Management Group logos are trademarks of Point Management Group Management LLC, and all other trademarks, service marks and trade names used in the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of Point Management Group or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.