By using Point’s Services, You agree to the following:
Last updated: October 30, 2020
Our Services are offered and available to users who are at least 18 years of age, and reside in the United States or any of its territories or possessions. By using our Services, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the eligibility requirements. If You do not meet all of these requirements, You must not access or use our Services.
By registering for a Point’s account, accessing, using or subscribing to our Services, You represent and warrant as follows:
- You are at least 18 years old and are otherwise legally qualified to enter into contracts under applicable law;
- You provide us with true, accurate, current, and complete data;
- You will update Your registration data as necessary to ensure it remains accurate; You are authorized to create an account (either for Yourself or for another person); and
- You are not located in a country that is subject to U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.
POINT DOES NOT PROVIDE MEDICAL ADVICE
The information, including but not limited to, text, graphics, images and other materials contained through our Services are for informational purposes only. Our goal is to promote consumer understanding and knowledge related to various health and fitness topics. It is not intended to serve as a substitute for professional medical advice, diagnosis or treatment. Always contact your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment as well as before implementing a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have found through our Services.
POINT IS NOT A MEDICAL PROVIDER. YOUR ACCESS TO OR USE OF OUR SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND POINT.
If at any time You develop concerns about Your care or treatment, or You believe or someone else advises You that You have a serious or life-threatening condition, call 911 immediately, or visit the nearest urgent care clinic or emergency room.
Accessing our Services, Account Security and Privacy
We reserve the right to withdraw or amend our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, or the entire Services, to users.
If You choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to our Services or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared device so that others are not able to view or record Your username, password or other personal information.
You are also responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for Your access to and use of our Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and Internet security software. There are always certain security and access availability risks associated with using open networks such as the Internet, and You expressly assume such risks. You are responsible for the data security of the Systems used to access our Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of Your Systems.
Intellectual Property Rights
Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Point, its licensors, or other providers of such material and are protected by relevant copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your device may temporarily store copies of such materials in RAM incidental to - Your accessing and viewing those materials;
- You may store files that are automatically cached by Your browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of our Services for Your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
- You may download a single copy of our Applications to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such Applications.
You must not:
Modify copies of any materials from our Applications;
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Applications.
You must not access or use for any commercial purposes any part of our Services or any materials available through our Services.
If You wish to make any use of material on our Services other than that set out in this section, please email Your request to firstname.lastname@example.org.
Point’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.
- the App Provider has no obligation to furnish any maintenance or support services with respect to the Applications;
- in the event of any failure of the Applications to conform to any applicable warranty, (a) You may notify the App Provider and the App Provider may refund the purchase price for the Applications to You (if applicable), (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility;
- the App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the Applications or Your possession and use of the Applications, including, but not limited to: (a) product liability claims; (b) any claim that the Applications fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
- in the event of any third party claim that the Applications or Your possession and use of the Applications infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim;
Consent to Receive Email From Point
In providing our Services, You may receive periodic email communications regarding our Services, new offers and information regarding our Services, which are part of our Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Point believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in Your account’s dashboard.
Links from our Services
If our Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to our Services, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm the Company or users of our Services, or expose them to liability.
Additionally, You agree not to:
- Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Services, including their ability to engage in real time activities through our Services;
- Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services;
- Use any device, software, or routine that interferes with the proper working of our Services;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services;
- Attack our Services via a denial-of-service attack or a distributed denial-of-service attack; and
- Otherwise attempt to interfere with the proper working of our Services.
Online Purchases and Other Terms and Conditions
If You choose to subscribe to any of our Services, you are subject to the applicable payment and billing terms outlined below. Our paid services and billing may auto-renew unless You cancel, and you may do so at any time.
Our Premium Services provide You access to our full Services. By registering for, accessing and using our Premium Services, including signing up for free trials of our Premium Services, You agree to pay any fees or other incurred charges applicable to our Premium Services.
When signing up for our Premium Services, You must provide information about Your preferred payment method (“Payment Method”). This information must be complete and accurate, and You are responsible for keeping it up to date. You expressly authorize Third Party Service Providers to collect from Your Payment Method the appropriate fees charged for our Premium Services and for any other purchases You choose to make via our Services.
We provide Premium Services on a monthly or annual basis. Unless otherwise stated, all fees due for our Premium Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Premium Service period, as applicable. Unless otherwise stated, Premium Services will auto-renew until You elect to cancel Your access to Premium Services. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing Premium Services.
Termination or Cancellation of Premium Services
If You do not pay the applicable subscription fees due for Your access to and use of our Premium Services, we may make reasonable efforts to notify You and resolve the issue; however, we reserve the right to disable or terminate Your access to our Premium Services upon such an occurrence without notice.
You can cancel our Premium Services at any time by logging into Your account and electing to cancel our Premium Services. Once You have cancelled Your Premium Services and received confirmation, no other changes can be made to Your account. The cancellation of our Premium Services will go into effect at the end of Your current billing cycle, and You will be able to access and use our Premium Service through the remainder of such a billing cycle. For example, if You are billed on a monthly basis and cancel during a given month, You will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month.
There are no refunds for termination or cancellation of Your Premium Services. If You no longer wish to subscribe to Premium Services, it is Your responsibility to cancel Your Premium Services in due time, regardless of whether or not You actively access and use the Premium Services.
Subscription Fee Changes
To the maximum extent permitted by applicable laws, we may change our subscription fees for Premium Services at any time. We will give You reasonable notice of any such changes by posting the new fees on or through our Applications or by sending You an email notification. If You do not agree to the new fees, You can cancel our Premium Services prior to the change going into effect.
If we provided You with a promotional code to commence accessing and using our Premium Services, You accept and agree to the below following terms and conditions. To redeem a promotional code, you need to log in to the Services and enter the code to take advantage of the relevant promotion. All promotional codes can only be applied when subscribing to our Premium Services, and to accounts not already subscribed to Premium Services. They cannot be combined with any other sales, promotion or coupons, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a promotional code. It is Your own responsibility to use promotional codes before they expire, and expired codes cannot be refunded or extended. It is also Your responsibility to terminate our Premium Services before the end of a promotional period if You do not want to continue with our Premium Services at the regular subscription fee. The terms and conditions of a specific promotional code may include additional restrictions on its use, including but not limited to, the type of plan, duration of promotional Premium Services, coupon validity dates, and/or purchase quantities. Point reserves the right to cancel promotional codes at any time.
We may offer free trials of our Premium Services or make other promotional offers (each a “Free Trial”). A Free Trial provides You access to our Premium Services for a specified period of time, with details provided when You register for the offer.
As soon as You submit Your payment details, Your Free Trial will begin. You will not be charged until the Free Trial period ends.
Unless You cancel before the end of the Free Trial, or unless otherwise stated, Your access to and use of our Premium Services will automatically continue and You will be billed the applicable subscription fees for that Premium Service using the Payment Method provided by You. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing Premium Services. It is Your responsibility to know when the Free Trial will end if You decide You do not want to become a paying Premium Services subscriber after the Free Trial period.
If You decide not to become a paying Premium Services subscriber, You must cancel Your subscription before the end of the Free Trial period. Depending on the applicable Premium Service, You may lose access as soon as You cancel or at the end of the Free Trial period. Once You have cancelled Your Free Trial and received confirmation, You cannot resume the Free Trial period even if it was not used for the entire duration of the offer.
Premium Service features and content may change at any time, and we cannot guarantee any specific features or content will be available for the entire Free Trial period. The rates in effect when You register for the Free Trial will be the same when the Free Trial ends, unless we notify You otherwise. We reserve the right, in our sole discretion, to revise or terminate any Free Trial offer, Your access to our Premium Services during the Free Trial, or any of our Terms without notice and with no liability. You may not sign up for more than one Free Trial of Premium Services at the same time, and we reserve the right to limit Your ability to take advantage of multiple Free Trials.
Point is incorporated in the State of Delaware and based in California in the United States. Currently, we provide our Services for access and use only by persons located in the United States. We make no claims that our Services or any of its content is accessible or appropriate outside of the United States. Access to our Services may not be legal by certain persons or in certain countries. If You use or access our Services from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Applications for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIALS POSTED ON THEM, OR ON ANY SERVICES LINKED TO THEM.
YOUR ACCESS TO OR USE OF OUR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES ARE AT YOUR OWN RISK. OUR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER POINT NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR SERVICES, OUR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APPLICATIONS OR THE SERVER THAT MAKEST THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, POINT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY SERVICES LINKED TO THEM, ANY CONTENT ON OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your Representations And Warranties
Governing Law and Jurisdiction
Waiver and Severability
We are not liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, pandemic and/or governmental action.
You shall give any notice to Point by means of: (a) U.S. mail, postage prepaid, to Key Point Technologies, Inc., 116 W Grand Ave El Segundo, CA 90245; or (b) email to: email@example.com. Notice to Point shall be effective upon receipt of notice by Point.
Your Comments and Concerns
Our Services are provided by Key Point Technologies, Inc. with an address at 116 W Grand Ave El Segundo, CA 90245.
All other feedback, comments, requests for technical support, and other communications relating to our Services should be directed to: firstname.lastname@example.org.