Point Seven LLC Terms and Conditions
Policy last updated on May 25, 2020
Welcome to Point Seven LLC’s (hereinafter “Point Seven”) Terms and Conditions.
Please read these Terms and Conditions carefully before using our website, purchasing our products or retaining our services. By accessing or using our website, purchasing our products, or retaining our services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the service.
1. INTERPRETATION & DEFINITIONS
1.1. Interpretation: The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural:
1.1.1. Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
1.1.2. Account means a unique account created for you to access our Service or parts of our Service.
1.1.3. Company (referred to as either "Point Seven", ”the Company,” "We", "Us" or "Our" in this Agreement) refers to Point Seven Group, 3459 Ringsby Court, Unit 105B.
1.1.4. Country refers to: Colorado, United States
1.1.5. Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
1.1.6. Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Service.
1.1.7. Goods refer to the items offered for sale on the Service.
1.1.8. Orders mean a request by you to purchase Goods from us.
1.1.9. Promotions refer to contests, sweepstakes or other promotions offered through the Service.
1.1.10. Service refers to the website.
1.1.11. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between you and Point Seven regarding the use of the Service.
1.1.12. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
1.1.13. Website refers to Point Seven, accessible from www.pointsevengroup.com.
1.1.14. You means the individual accessing or using the Service, or Point Seven, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2.1. These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and Point Seven. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
2.2. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
2.3. You represent that you are over the age of 21. Point Seven does not permit those under 21 to use the Service.
3. PLACING ORDERS FOR GOODS
3.1. Binding Contract: By placing an Order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts.
3.2. Supplying Personal Information: If you wish to place an Order for Goods available on the Service, you may be asked to supply certain information relevant to your Order including, without limitation: your name; your email; your phone number; your credit card number; the expiration date of your credit card; your billing address; and your shipping information.
3.3. Payment Method: You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.
3.4. Cancellation: We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to: Goods availability; errors in the description or prices for Goods; and errors in your Order. We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.
3.5. Refunds: All template plans, packages, and other products available on Point Seven’s website are not eligible for a refund due to the nature of selling our intellectual property. If you experience problems receiving your purchased product, please contact email@example.com or (844) 764-6874.
4. AVAILABILITY, ERRORS AND INACCURACIES
4.1. We are constantly updating our offerings of Goods on the Service. The Goods available on our Service may be mis-priced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Goods on the Service and in our advertising on other websites.
4.2. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
5. PRICE POLICY
5.1. Point Seven reserves the right to revise its prices at any time prior to accepting an Order.
5.2. The prices quoted may be revised by Point Seven subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of Point Seven. In that event, you will have the right to cancel your order.
6.1. All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards, online payment methods (PayPal) or personal check. If payment is made by personal check, the Goods purchased shall not be released until the payment is received by Point Seven and fully clears in our account. For further information regarding payment by check, please contact us in the email or phone number listed at the bottom of these Terms.
6.2. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.
6.3. Point Seven reserves the right to update or change the accepted methods of payment at our sole discretion at any time.
7.1. Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
8. USER ACCOUNTS
8.1. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
8.2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a Third-Party Social Media Service.
8.3. You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account.
8.4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
9. INTELLECTUAL PROPERTY
9.1. The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of Point Seven and its licensors.
9.2. The Service is protected by copyright, trademark, and other laws of the United States and is the property of Point Seven LLC. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Point Seven.
10. YOUR FEEDBACK TO US
10.1. You assign all rights, title and interest in any Feedback you provide Point Seven. If for any reason such assignment is ineffective, you agree to grant Point Seven a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
11. LINKS TO THIRD PARTY WEBSITES
11.1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Point Seven.
11.2. Point Seven has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Point Seven shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
11.3. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
12.1. You are granted a non-exclusive, non transferrable, revocable license to access and use www.pointsevengroup.com strictly in accordance with these Terms. As a condition of your use of this Website, you agree that you will not use the site for any purpose that is unlawful or prohibited by these Terms. You may not use this site in any manner, which could damage, disable, overburden, or impair the site or interfere with any other party’s use or enjoyment of the site.
12.2. All content included as part of this Website, such as logos, text, graphics, images, and any software used on the site is the property of Point Seven and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and proprietary notices, legends, or other restrictions and will not make any changes thereto.
13. MATERIALS POSTED ON POINT SEVEN’S WEBSITE
13.1. Point Seven does not claim ownership of the materials you provide to Point Seven (including feedback and suggestions) or post, upload, input, or submit to any Point Seven site. By posting, uploading, inputting or submitting any materials, you are granting Point Seven permission to use your submitted material in connection with the operation of our business, including, without limitations, the rights to copy, distribute, transmit, publicly display, perform, reproduce, edit, translate, and reformat your submitted material, and to publish your name in connection with your submitted material.
13.2. No compensation will be paid with respect to the use of your submitted material. Point Seven is under no obligation to post or use any submitted material you may provide and may remove said submitted material at any time at Point Seven’s sole discretion.
13.3. By providing submitted material to Point Seven, you represent that you own or otherwise control all of the rights to your submission including without limitations, all the rights necessary for you to provide, post, upload, input or submit the materials.
14.1. We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
14.2. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Service.
14.3. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15.1. You shall indemnify, defend, protect and hold harmless Point Seven, its officers, directors, members, managers, employees, agents, and representatives for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) related to or arising from your use or inability to use this site or our services, any user postings made by you, your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
16. LIMITATION OF LIABILITY
16.1. Notwithstanding any damages that you might incur, the entire liability of Point Seven and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or $100.00 USD if you haven't purchased anything through the Service.
16.2. To the maximum extent permitted by applicable law, in no event shall Point Seven or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Point Seven or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
16.3. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
17. WARRANTY DISCLAIMER
17.1. The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Point Seven, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express or implied with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
17.2. Without limiting the foregoing, neither Point Seven nor any of Point Seven's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Point Seven are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
18. GOVERNING LAW
18.1. The use of this site shall be governed by the laws of Colorado, United States without regard to choice of law provisions.You agree to exclusive personal jurisdiction and venue in state and federal courts within the State of Colorado, City of Denver to resolve any dispute, claim or controversy that arises out this Agreement that is not subject to arbitration.
19. DISPUTES RESOLUTION
19.1. You agree that any dispute, claim, or controversy between you and Point Seven arising in connection with or relating in any way to this Agreement or to your relationship with Point Seven as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be determined by mandatory binding arbitration. You and Point Seven further agree that Arbitration shall be administered by Judicial Arbiter Group (JAG) pursuant to the American Arbitration Association rules. Judgement of the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Client acknowledges that there are charges for using the services of JAG, and such services can be expensive. Client further understands that in an arbitration proceeding, the parties are responsible for paying their own attorney fees and costs that may be incurred in that proceeding, and that an arbitrator may award a recovery of attorney fees and costs to the prevailing party in such proceeding. Client understands and agrees that by agreeing to arbitration for any and all issues that arise in any way related to this Agreement or Point Seven’s Services, Client relinquishes its right to bring an action in court and right to a jury trial. Client further understands that discovery in an arbitration proceeding may be limited, and the arbitrator’s decision is not appealable. This arbitration provision will survive termination of the Agreements.
19.2. You agree that if you intend to seek Arbitration, you must first send written notice of the dispute to Point Seven at 3459 Ringsby Court, Suite 105B, Denver, CO 80216 attention Attn: General Counsel and email notice of the dispute to firstname.lastname@example.org.
20. UNITED STATES LEGAL COMPLIANCE
20.1. You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
21. SEVERABILITY AND WAIVER
21.1. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
21.2. Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
22. TRANSLATION / INTERPRETATION
22.1. These Terms and Conditions may have been translated if we have made them available to you on our Service.
22.2. You agree that the original English text shall prevail in the case of a dispute.
23. CHANGES TO THESE TERMS AND CONDITIONS
23.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
23.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
24. CONTACT US
If you have any questions about these Terms and Conditions, you can contact us in the following ways:
24.1. By email: email@example.com;
24.2. By completing the contact form found on this page of our website: www.pointsevengroup.com/contact; and/or
24.3. By phone: (844) 764-6874.