PlusPointWealth Web Site Agreement
The PlusPointWealth Web Site
(the "Site") is an online information service provided by PlusPointWealth
("PlusPointWealth "), subject to your compliance with the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. PlusPointWealth MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the
Site are protected by international copyright and trademark laws. The owner of
the copyrights and trademarks are PlusPointWealth, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to
PlusPointWealth a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by e-mail to
PlusPointWealth by all means and in any media now known or hereafter
developed. You also grant to PlusPointWealth the right to use your name in
connection with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against PlusPointWealth for
any alleged or actual infringement or misappropriation of any proprietary
right in your communications to PlusPointWealth.
TRADEMARKS
Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or service marks
of PlusPointWealth. Other product and company names mentioned in the Site may
be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except
for information, products or services clearly identified as being supplied by
PlusPointWealth, PlusPointWealth does not operate, control or endorse any
information, products or services on the Internet in any way. Except for
PlusPointWealth- identified information, products or services, all
information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
PlusPointWealth a. You also understand that PlusPointWealth cannot and does
not guarantee or warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
PlusPointWealth PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
PlusPointWealth SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. PlusPointWealth DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT
THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS
AT YOUR RISK. PlusPointWealth HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL
PlusPointWealth BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF PlusPointWealth OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, PlusPointWealth LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
PlusPointWealth makes no
representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a
non-PlusPointWealth web site, please understand that it is independent from
PlusPointWealth, and that PlusPointWealth has no control over the content on
that web site. In addition, a link to a PlusPointWealth web site does not mean
that PlusPointWealth endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify,
defend and hold harmless PlusPointWealth, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs
2 (Use of the Service), and 3 (Indemnification) are for the benefit of
PlusPointWealth and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be
terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be
governed and construed in accordance with the laws of The United States of
America applicable to agreements made and to be performed in The United States
of America. You agree that any legal action or proceeding between
PlusPointWealth and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in The United States of America
. Any cause of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. PlusPointWealth's failure to insist
upon or enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. PlusPointWealth may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly
granted herein are reserved.
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Prepared for: PlusPointWealth ,All rights reserved.
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