Terms & Conditions
HTTPS://WWW.ZEROPOINTETHREE.COM TERMS AND CONDITIONS
Effective Date: October 14, 2022
Last Updated: October 26, 2022
IMPORTANT! THESE TERMS AND CONDITIONS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE (HTTPS://WWW.ZEROPOINTETHREE.COM), ALSO KNOWN AS THE “SITE”. THIS SITE IS PROVIDED BY TRUE POINTE CONSULTING LLC, ITS AFFILIATE OR AGENT (REFERRED TO AS “TRUE POINTE CONSULTING LLC,” “COMPANY,” “US,” “WE,” or “OUR” below), AND APPLY TO ALL USERS VISITING THE SITE BY ACCESS OR USING THE SITE IN ANY WAY, INCLUDING THE SERVICE AND RESOURCES AVALIABLE OR ENABLED VIA THE SITE (EACH A “SERVICE”). BY COMPLETING ANY OF THE FOLLOWING: (A) ACCESSING THIS SITE, (B) COMPLETING THE REGISTRATION PROCESS, (C) BROWSING THIS SITE, AND/OR (D) PURCHASING PRODUCTS FROM THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE. BY COMPLETING ANY OF THE FOLLOWING, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICES, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND/OR (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS AND CONDITIONS OF SERVICES PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF SERVICES. THE TERM “YOU” REFERS TO (A) THE INDIVIDUAL OR LEGAL ENTITY, (B) IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE OR CONDITIONS OF THE SITE, YOU MAY CHOOSE TO NOT ACCESS OR UTILIZE THE SITE OR THE SERVICES.
IF YOU SUBSCRIBE TO OUR SERVICES FOR A TERM (“INITIAL TERM”), THEN THE TERMS OF SERVICE WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S FEES FOR SUCH SERVICES UNLESS THE CONSUMER OPTS OUT OF THE AUTO-RENEWAL/DECLINE TO RENEW YOUR SUBSCRIPTION. PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION, LOCATION AT THE END OF THIS AGREEMENT, CONTAINS PROVISIONS WHICH GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST ONE ANOTHER ARE RESOLVED, INCLUDING BUT NOT LIMITED TO CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRES DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NO AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESETNATIVE ACTION OR PROCEEDING; AND (2) YOU WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRAIL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THIS SITE WILL BE GOVERNED AND INTERPRETATED BY AND UNDER THE LAWS OF THE STATE OF GEORGIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WIHTOUT GIVING AFFECT TO ANY PRINCIPLATE THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICATIONS. THE UNITEDNATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOOD IS EXPRESSLY EXLCULDED FROM THIS AGREEMENT.
YOUR USE OF, AN PARTICIPATION IN CERTAIN SERVICES MAYBE SUBJECT TO ADDITIONAL TERMS (“SUPPLEMENTAL TERMS”) AND THESE SUPPLEMENTAL TERMS WILL EITHER BE LISTED IN THE TERMS OF SERVICE OR WILL BE PRESENTED TO YOU FOR YOUR ACCPETANCE WHEN YOU SIGN UP TO USE THE SUPPLEMENTAL SERVICES OFFERED. IS TERMS OF SERVICES ARE INCOSNSIST THEN THE SUPPLEMENTAL TERMS SHALL CONTROL WITH RESPECT TO SUCH SERVICES. THE TERMS OF SERVICES AND APPLICABLE SUPPLEMENTAL TERMS ARE REFERRED TO HEREIN AS THE “TERMS OF SERVICE.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY IN ITS SOLE DISCRETION AT ANY TIME. NEW TERMS OF SERVICE AND SUPPLEMENTAL TERMS WILL BE MADE AVALIABLE AT THE SITE FROM WITHIN, OR THROUGH, THE AFFECTED SERVICES ON THE SITE. THE COMPANY WILL ALSO UPDATE THE “LAST UPDATED” DATE AT THE TOP OF THE TERMS OF SERVICE. ANY CHANGES TO THE TERMS WILL BE EFFECTIVE IMMEDIATELY FOR NEW USERS OF THE SITE AND/OR SERVICES AND WILL BE EFFECTIVE THIRTY (30) DAYS AFTER POSTING NOTICE OF SUCH CHANGES ON THE SITE FOR EXISTING USERS, PROVIDED THAT THE MATERIAL CHANGES SHALL BE EFFECTIVE FOR USERS WHO HAVE AN ACCOUNT WITH US UPON THE EARLIER OF THIRTY (30) DAYS AFTER POSTING NOTICE OF SUCH CHANGES ON THE SITE OR THIRTY (30) DAYS AFTER DISPATCH OF AN EMAIL NOTICE OF SUCH CHANGES TO REGISTERED USERS (DEFINED IN THE REGISTRATION SECTION BELOW). IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SITE AND/OR SERVICES. OTHERWISE, CONTINUED USE OF THE SITE AND/OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE(S).
TO ACCESS THIS SITE AND UTILIZE SERVICES OFFERED, REGISTRATION DETAILS AND OTHER INFORMATION MAYBE REQUIRED. IT IS A CONDITION OF YOUR USE OF THIS SITE THAT ALL THE INFORMATION BE ACCURATE, CURRENT, AND COMPLETE. THE COMPANY HAS THE RIGHT TO REFUSE YOU ACCESS TO THE SITE AND SERVICES IF IT BELIEVES THAT INFOMRATION MAYBE INACCURATE, NOT CURRENT, INCOMPLETE, AND IMPERSONATING OF SOME ELSE. THE COMPANY HAS THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCESS, DELETE ANY COMMENTS, AND VOID ALL REWARD POINTS WITHOUT PRIOR NOTICE IF IT SUSPECTS FALSIFICATION OF INFORMATION PROVIDED.
USE OF SERVICES AND COMPANY PROPERTIES. THE SITE, THE SERVICES, THE CONTENT (DEFINED IN THE LICENSE TO USE THE SITE SECTION), AND INFORMATION AVALIABLE ON THE SITE AND IN THE SERVICES (AS THESE TERMS ARE DEFINED HEREIN) (COLLECTIVELY, “COMPANY PROPERTIES”) ARE PROTECTED BY COPYRIGHT LAWS THROUGHOUT THE WORLD. THE COMPANY GRANTS YOU A LIMITED LICENSE TO REPRODUCE COMPANY PROPERTIES FOR THE SOLE PURPOSE OF USING SERVICES FOR YOUR PERSONAL OR INTERNAL BUISNESS PURPOSES.
Registration. Registering Your Account. Registration to access certain features of Company Properties you may be required to become a Registered User. A “Registered User” is a user who has registered an account on the site (“Account,” “Member,” and/or “Membership).
Security. Passwords used for the Account for this site are for individual use only. You will be responsible for security of your passwords (if any apply) and you agree to accept responsibilities for all activities that occur under your account or password. The company has the right to monitor passwords and, at our discretion, require you to change it. If password is determined to be insecure, we will have the right to require the password be changed and/or terminate the Account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Service, and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Submission that is believed to violate these Terms of Service.
Registration Date. In registering an account on the site, you agree to the following: (1) accurate, current, and complete information about yourself as prompted by the registration form (‘Registration Data”); and (2) update registration data to ensure accurate, current, and complete information. You must represent the following: (1) at least twenty one (21) years of age or older; (2) legal age to form a binding contract; and (3) not a person barred from using Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your account and agree restriction of use by minors, and you will accept full responsibilities for any unauthorized use of Company Properties by minors. You may not share Account or Passwords with anyone, and you agree to notify (1) Company immediately of any unauthorized use of your Account, Password, and/or any other breach of security; and (2) exit from your Account at the end of a session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any of Company Properties.
Your Account. You acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of the company.
Fees and Payment Terms. Payment. You agree to pay all fees and/or charges to your account in accordance with the fees, charges, and/or billing terms in effect at the time a fee or charge is due and payable. You must provide the company with a valid credit care (Visa, MasterCard, Discover, and/or any other issuers accepted by Company). By providing credit card numbers and associated payment information, you agree that Company, and its third-party services provides for payment services are authorized to immediately invoice your Account for all fees and charges due and payable to Company hereunder and that no additional noticed or consent is required. You agree to immediately notify Company of any changes in your billing address or credit card used for payment hereunder. Company reserves the right at any time to change prices and billing methods, either immediately upon posting on Company Properties or by email delivery to you.
Taxes. Company’s fees are net of any applicable Sales Tax. If any Service, or payment for any Service, under the Terms of Services are subject to Sales Tax in any jurisdiction and you have not collected and/or remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authorities, and you will indemnify Company for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. Withholding Taxes. You agree to make all payments of fees to Company free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Company will be your sole responsibility, and you will provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
PAYMENTS. CHARGES TO YOUR CREDIT CARD WILL APPEAR AS "ZERO POINTE THREE." WE GLADLY ACCEPT VISA AND MASTERCARD.
SHIPPING AND DELIVERY. OUR SHIPPING AND DELIVERY POLICY CAN BE FOUND UNDER "SHIPPING AND RETURNS."
LICENSE TO USE SITE. SUBJECT TO YOUR COMPLIANCE WITH TERMS OF SERVICE. YOU ARE GRANTED LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE LICENSE TO ACCESS AND MAKE PERSONAL, COMMERCIAL, AND NON-COMMERCIAL USE OF THIS SITE, ITS CONTECT OR PRODUCTS SOLD THROUGH THE SITE; MAKE ANY DERIVATIVE USE OF ANY OF OUR CONTENT (DOWNLOADABLE, COPY, OR OTHER USE ANY ACCOUNT INFORMATION FOR BENEFIT OF ANY THIRD PARY); OR USE ANY DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND/OR EXTRACTION TOOLS. NO CONTENT ON, OR PRODUCT SOLD THROUGH THE SITE MAY BE REPRODUCED, DUPLICATED, COPIED, SOLD, RESOLD, VISITED, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL OR NONCOMMERCIAL PURPOSES WITHOUT OUR PRIOR EXPRESS WRITTEN CONSENT. YOU MAY NOT MISUSE OUR PRODUCTS OR CONTECT. THE LICENSE WE HAVE GRANTED CAN BE TERMINATED IF YOU DO NOT COMPLY WITH THESE TERMS OF SERVICE.
RESTRICTION ON USE: YOU MAY NOT (AND MAY NOT AUTHORIZE ANY OTHER PARTY TO) (A) COBRAND THIS SITE, (B) FRAME OR USE FRAMING TECHNIQUES TO ECONLSE ANY OF OUR CONTECT OWNER’S TRADEMARKS, LOGOS, AND/OR OTHER “HIDDEN TEXT” USING OUR NAME OR TRADEMARK WITHOUT EXPRESS PRIOR WRITTEN APPROVAL OR PERMISSION OF AUTHORIZED REPRESENTATIVE. “CO-BRANDING” REFERS TO DISPLAYING NAME, LOGO, TRADEMARK, OR OTHER MEANS OF ATTRIBUTION OR IDENTIFICATION OF ANY PARTY IN SUCH MANNER AS IS REASONABLY LIKELY TO GIVE A USER THE IMPRESSION THAT ASSOCIATES OUR PRODUCT (DISPLAY, PUBLISH, OR DISTRIBUTE THIS SITE OR CONTECT ACCESSIBLE WITHIN THIS SITE) WITH SOMEONE OTHER THAN THE COMPANY. YOU AGREE TO COOPERATE WITH OUR COMPANY IN CAUSING ANY UNAOTHEROIZED CO-BRANDING, FRAMIN, OR HYPERLINKING TO CEASE IMMEDIATELY. NO MATERIAL OR CONTENT FROM THE SITE MAYBE MODIFIED, TRANSLATED, DECOMPILED, DISASSEMBLED, BROADCASTED, LICENSED, SUBLICENSED, TRANSFERRED, SOLD, MIRRORED, FRAMED, EXPLOITED, RENTED, LEASED, COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY.
PROPRIETARY INFORMATION AND INTELLECTUAL PROPERTY. THE CONTECT ACCESSIBLE ON THIS SITE IS OWNED, OPERATED, LICENSED, OR CONTROLLED BY US IS OUR PROPRIETARY INFORMATION OR THE PROPRIETARY INFORMATION OF THE PARTY THAT PROVIDED THE CONTECT, AND WE OR THE PARTY THAT PROVIDED THE CONTECT TO US RETAINS ALL RIGHT, TITLE, AND INTEREST IN THE CONTECT. CONTECT MAY NOT BE COPIED, REPUBLISHED, DISTRIBUTED, UPLOADED, POSTED, DISPLAYED, OR TRANSMITTED IN ANY WAY WITHOUT OUR PRIOR WRITTEN CONSENT, OR UNLESS AUTHORIZED IN WRITING ELSEWHERE ON OUR SITE, EXCEPT THAT YOU MAY PRINT OUR A COPY OF THE CONTENT SOLEYLY FOR YOUR PERSONAL USE. IN UTILIZING CONTENT FOR PERSONAL USE, YOU MAY NOT REMOVE OR ALTER, OR CAUSED TO BE REMOVED OR ALTERED, ANY COPYRIGHT, TRADEMARK, TRADE NAME, SERVICE MARK, OR ANY OTHER PROPRIETARY NOTICED OR LEGEND APPERAING ON ANY OF THE CONTECT. MODIFICATION OF THE CONTENT WILL IMMEDIATELY VIOLATE INTELLECTUAL PROPERTY RIGHTS.
HYPERLINKS. THIS SITE MAYBE HYPERLINKDE TO OTHER SITES WHICH ARE NOT MAINTAINED BY OR RELATED TO THE COMPANY. HYPERLINKS ARE PROVIDED AS A SERVICE TO OUR USERS AND ARE NOT SPONSORED BY OR AFFILIATED WITH THIS SITE OR WITH COMPANY. WE ARE NOT RESPONSIBLE FOR THE CONTECT OF THOSE SITES. HYPERLINKS ARE ACCESSED AT YOUR OWN RISK, AND WE MAKE NO REPRESETNATIONS OR WARRANTIES ABOUT THE CONTECT, COMPLETENESS OR ACCURACY OF THESE HYPERLINKS OR THE SITES HYPERLINKED TO THIS SITE. INCLUSION OF ANY HYPERLINK TO THIRD-PARTY SITE DOES NOT NECESSARILY IMPLY WE ENDORE THAT SITE.
HEALTH INFOMRATION: ANY STATEMENTS ON THIS SITE OR ANY MATERIALS OR PRODUCTS WE DISTRIBUTE OR SELL HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA). THE PRODUCTS AND/OR INGRIDENTS HAVE NOT BE APPROVED OR ENDORSED BY THE FDA OR ANY OTHER REGULATORY AGENCY. THE PRODUCTS ON THIS SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SITE OR OTHER MATERIALS PROVIDED ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSITITUE FOR INFORMED MEDICAL ADVICE OR CARE. THIS INFORMATION SHOULD NOT BE USED TO DIAGNOSE OR TREAT ANY HEALTH PROBLEMS OR ILLNESSES WITHOUT CONSULITNG WITH A DOCTOR. IF YOU ARE PREGNANT, NURSING, TAKING MEDICATIONS, OR HAVE A MEDICAL CONDITION, WE SUGGEST CONSULITNG WITH A PHYSICIAN BEFORE USING ANY OF OUR PRODUCTS.
DISCLAIMERS: WE CANNOT GUARANTEE OR WARRANT THAT FILES DOWNLOADED FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIEIS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT. WE DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. INVESTORS, BORROWERS, AND OTHER PERSONS SHOULD USE THE CONTENT IN THE SAME MANNER AS ANY OTHER EDUCATIONAL MEDIUM AND SHOULD NOT RELY ON THE CONTECT TO THE EXCLUSION OF THEIR OWN JUDGEMENT.
YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY, EXPRESSED OR IMPLIED, THAT THE SITE, SERVICES OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKE IT AVALIABLE ARE FREE OR VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE MAY MAKE CHANGES AND/OR IMPROVEMENT AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPARINING, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTECT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPOSBAILITY FOR ERROS OR OMISSIONS IN THE CONTENT. THIS SECTION DOES NOT AFFECT IN ANY WAY OUR RETURN POLICY OR LIMITED WEARRNTY FOR GOOD PURCHASED ON THIS SITE. IF FOR ANY REASON YOU ARE NOT SATISIFED WITH YOUR PURCHASE YOU MAKE ON THE SITE, PLEASE RETURN IT IN ACCORDANCE WITH THE TERMS OF OUR RETURN POLICY OR LIMITED WARRANTY, AS APPLICABLE.
LIMITATIONS OF LIABILITY. DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
LIABILITY CAP. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR COMPANY PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNITY. YOU WILL INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, “INDEMNIFIED PARTIES) HARMLESS FROM LOSS, DAMAGES, JUDGEMENTS, AWARES, COSTS, EXPENSES, ATTORNEY’S FEE, AND EXPERT WITNESS FEES (COLLECTIVELY, “LOSSES”) RELATING TO OR ARISING OUR OF: (A) BREACH OF TERMS OF SERVICES, (B) SUBMISSION, USE OR INABILITY TO USE CONTENT, (C) PRODUCTS PURCHASED ON THE SITE, (D) VIOLATION OF APPLICABLE RULES AND REGULATIONS. INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSSES. YOU AGREE THAT THE PROVISION IN THIS SECTION WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT, THE TERMS OF SERVICES, OR YOUR ACCESS TO COMPANY PROPERTIES.
OWNERSHIP, TRADEMARK, AND COPYRIGHTS. EXCEPT WITH RESPECT TO YOUR SUBMISSIONS AND SUBMISSIONS OF OTHER USERS, YOU AGREE THAT COMPANY AND ITS SUPPLIERS OWN ALL RIGHTS, TITLE, AND INTERST IN COMPANY PROPERTIES. TRADEMARK SERVICE MARKS, LOGOS, GRAPHICS, IMAGES, HTML, CODES, MULTIMEDIA CLIPS, JAVA CODES, BUTTON ICONS, BANNERS, AND SOFTWARE APPERAING IN THIS SITE ARE OUR PROPERTY OR THE PROPERTY OF THE PARTY THAT PROVIDED THE CONTENT. OUR TRADEMARKS MAY NOT BE UTILIZED IN CONNECTION WITH ANY PRODUCT OR SERVICE THAT IS NOT OURS, IN ANY MANNER THAT IS LIKELY TO CAUSE CONFUSION AMONG CONSUMERS, OR IN ANY MANNER THAT DISPARGES OR DISCREDITS US.
NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. IF YOU BELIEVE YOU COPYWRITTED WORK HAS BEEN USED OR DISPLAYED ON OUR SITE IN ANY WAY THAT CONSTITUTES COPYRIGHT INFRINGMENT, PLEASE REPORT THE ALLEGED INFRINGEMENTS BY COMPLETING THE FOLLOWIGN STEPS AND BY NOTIFYING OUR DESIGNATED AGENT LISTED BELOW. PURSUANT TO TITLE 17, UNITED STATES CODE, SECTION 512(C)(2), ALL NOTIFICATIONS OF CLAIMED COPYRIGHT INFRINGEMENT SHOULD BE SENT ONLY TO OUR DESIGNATED AGENT.
THE NOTIFICATION OF CLAIMED INFRINGEMENT MUST INCLUDE THE FOLLOWING: (A) AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE OWNER OR THE PERSON AUTHORIZED TO ACT ON BEHALF OF OWNER OF THE COPYRIGHT INTEREST, (B) IDENTIFICATION OF COPYRIGHTED WORK (OR WORKS) THAT YOU CLAIM HAV BEEN INFRINGED, (C) DESCRIPTION AND INDENTIFICATION OF THE MATERIAL THAT YOU CLAIM IS INFRINGING, AND THE LOCATION WHERE THE ORIGINAL OR AN AUTHORIZED COPY OF THE COPYRIGHTED WORK EXISTS, (D) CLEAR DESCRIPTION OF WHERE THE INFRINGING MATERIAL IS LOCATED ON OUR SITE, (E) YOUR CONTACT INFORMATION, INCLUDING NAME, ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESSM (F) A STATEMENT THAT YOU HAVE A GOOD-FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW, AND (G) A STATEMENT BY YOU, MADE UNDER PENALTY OR PERJURY, THAT THE ABOVE INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OWNER OR AUTHROIZED TO ACT ON BEHALVE OF THE COPYRIGHT’S OWNER. OUR AGENT DESIGNATED TO RECEIVE CLAIMS OF COPYRIGHT OR OTHER INTELLECTURAL PROPRETY INFRINGEMENT MAY BE CONTRACTED AS FOLLOWS:
ZERO POINTE THREE LLC
ATTN: Legal Department
2200 Keys Ferry Ct,
McDonough, GA 30253
INFORMATION YOU MAY NOT POST, PUBLISH, ETC. YOU MAY NOT POST, SEND, SUBMIT, PUBLISH, TRANSMIT IN CONNECTION WITH THIS SITE ANY MATERIAL THAT: (A) YOU DO NOT HAVE THE RIGHT TO POST INCLUDIJNG PROPRIETARY MATERIAL OF ANY THIRD PARTY, (B) ADVOCATED ILLEGAL ACTIVITY OR DISCUSS AN INTENT TO COMMIT AN ILLEGAL ACT, (C) IS VULGAR, OBSCENE, PORNOGRAPHIC, OR INDECENT, (D) DOES NOT PERTAIN DIRECTLY TO THIS SITE, (E) THREATENS OR ABUSES OTHERS, LIBEL, DEFAMES, INVADES PRIVACY, STALKS, IS OBSCENE, PORNOGRAPHIC, RACIST, ABUSIVE, HARASSING, THREATENING, OR OFFENSIVE, (F) EXPLOITS OR HARMS ANY PERSON BY EXPOSING THEM TO INAPPROPRIATE CONTENT, (G) INFRINGES ON INTELLECTUAL PROPRETIES OR OTHER RIGHTS OF ANY ENTITY OR PERSON, (H) VIOLATES ANY LAWS OR MAY BE CONDIERED TO VIOALTE LAWS, (I) IMPERSONATES OR MISREPRESENTS YOUR CONNECTION TO ANY OTHER ENTITY, (J) SOLICITS FUNDS, ADVERTISERS OR SPONSORS, (K) CONTAINS VIRUSES, WORMS, AND/OR TROJAN HORSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARD OR TELECOMMUNICATION, (L) IMPACTS THE ABILITY FOR USERS TO ENGAGE SUCH AS SCROLL SPEED AND DIALOGUE, (M) MP3 FORMAL FILES, AND (N) “PYRAMID” OR SIMILAR SCHEMES. UNDER NO OBLIGATIONS TO DO SO, WE RESERVE THE RIGHT TO MONITOR USE OF THIS DITE TO DETERMINE COMPLIANCE WITH THESE TERMS OF SERVICES AS WELL THE RIGHT TO REMOVE OR REFUSE ANY INFORMATION FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ANY THIRD PARTY THAT PROVIDED CONTENT TO US WILL ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION OR INACTION BY US OR SUCH THIRD PARTY WITH RESPECT TO SUBMISSION.
U.S. Law Applies
This site is intended for users located in the United States. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.
In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this site or information obtained through this site, or any other claims, disputes, or controversies arising out of or relating to this site, or any other World Wide Web site owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to JAMS through its offices located in Denver, Colorado (www.jamsadr.com/jams-denver and 303-534-1254, “ADR Firm”), or its successor, for mediation. Any party to the Dispute may commence mediation by providing to ADR Firm and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with ADR Firm and with one another in selecting a mediator from ADR Firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any ADR Firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
If the Dispute is not resolved through mediation, then it shall be submitted to ADR Firm, or its successor, for final and binding arbitration pursuant to the then-current form of JAMS Comprehensive Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by ADR Firm in accordance with the Rules. All hearings shall be held in Denver, Colorado, USA. If ADR Firm ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in Denver, Colorado. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.
THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.
No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of or raises similar factual or legal claims.
Electronic Communications. The communications between you and Company use electronic means, whether you visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Company Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of Company Properties; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder.