THE POINT TERMS OF USE

1. Acceptance of terms

The Point is an online service that lets groups of people create campaigns to pool resources, including money and personal commitments to take action, in order to solve shared problems. To become a member of The Point, you must read and accept all of the terms and conditions of this agreement. If you do not agree to be bound by the terms after you read this agreement, you may not use The Point's service. You agree that we may modify the terms of this Agreement or the Privacy Policy, in our sole discretion, by posting amended terms to this Website. Your continued use of the service indicates your acceptance of the amended Terms of Service Agreement.

2. Registration

As a condition to making a commitment of resources and/or money at The Point (Services”), you are required to register with The Point and select a password and provide a valid email address. Your account must use your real name, which will be displayed to other visitors. You may not maintain more than one account on The Point. You shall provide The Point with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your The Point account. You may not (i) select or use as your real name a name of another person with the intent to impersonate that person; (ii) use as your real name a name that is subject to any rights of a person other than you without appropriate authorization; or (iii) use as your real name a name that is otherwise offensive, vulgar or obscene. The Point reserves the right to refuse registration of, or cancel a member’s registration in its discretion. You shall be responsible for maintaining the confidentiality of your The Point password.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

Registration is required to create or participate in The Point campaigns. As part of the registration process for the Service, you agree to: (a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data"). The Point reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. The Point, Inc. reserves the right to refuse the Service to any user.

3. Content User Responsibility/Code of Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by The Point.

By way of example, and not as a limitation, you agree not to use the Services:

  1. to abuse, harass, threaten, impersonate or intimidate other The Point users;
  2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any The Point user;
  5. to create or submit unwanted email ("Spam") to any other The Point users or any URL;
  6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
  7. to create campaigns linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
  8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;

The Point may remove any Content and The Point accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Service abuse, please email: abuse@thepoint.com

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that The Point does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, The Point and Content available through the Service may contain links to other websites, which are completely independent of The Point. The Point makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will The Point be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that The Point does not pre-screen or approve Content, but that The Point shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.

Conduct

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.

g) that impersonates any person or entity, including, but not limited to, a The Point employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

h) that includes personal or identifying information about another person without that person's explicit consent;

i) that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";

j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

l) that constitutes or contains any form of advertising or solicitation if: posted in areas of The Point sites which are not designated for such purposes; or emailed to The Point users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

m) that includes links to commercial services or web sites, except as allowed in "services";

n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Illinois law.

o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

r) contact anyone who has asked not to be contacted;

s) "stalk" or otherwise harass anyone;

t) collect personal data about other users for commercial or unlawful purposes;

u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by The Point;

v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;

x) attempt to gain unauthorized access to The Point's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or The Point website; or

y) use any form of automated device or computer program that enables the submission of postings on The Point without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

4. Trademark and Copyright

The Point, Inc., the Point, LLC logo, and other names, logos, icons and marks identifying The Point, Inc. products and services are trademarks of The Point, Inc. and may not be used without the acquisition of prior written permission from The Point, Inc.. All rights not expressly granted in this agreement are reserved to The Point, Inc. By using our service, you understand and agree that any uploading or posting will be at your sole risk and The Point, Inc. shall not be responsible to you in any way. Further, The Point, Inc. does not provide any warranty as to your use of any third party content, service, or product that you obtain from the Point, LLC site. You may not post, distribute, reproduce, or sell in any way, any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

5. Transactions

TRANSACTIONS BETWEEN CAMPAIGN MEMBERS AND ORGANIZATIONS OR INDIVIDUALS The Point acts as an intermediary between campaign members and the campaign target who collects their money. The “campaign target” is defined as the party to whom the campaign members intend to deliver funds to and/or take a specific action that is the objective of the campaign. After a campaign reaches a predetermined collection goal (the “tipping point”), The Point charges member’s credit cards or payment accounts and withdraws deposits for distribution to the campaign target. The Point will deliver funds to the campaign target within 10 business days. The Point cannot guarantee the collection of the full collection goal caused by failures in authorization of campaign member credit cards. The Point will withhold fees from the campaign Target necessary to cover the credit card processing costs (about 3%). The Point will not keep any money for itself. In the case a campaign does not reach the tipping point or expires before collecting enough contributions to meet its target, The Point will neither accept payments from any member nor charge any member’s credit card or other payment account. The Point does not oversee the performance or punctuality of the campaign target after said funds have been transferred. The Point also makes no guarantees regarding the performance or fairness of its payment services. The Point, Inc. shall not be liable for any interactions with any organizations and/or individuals found on or through The Point after funds have been transferred. This includes, but is not limited to, delivery of goods and services through campaigns, and any other terms, conditions, warranties or representations associated with such dealings. Except as provided in paragraph 6 below, after The Point charges a member’s credit card or other payment account, there will be no refunds, unless in its sole discretion The Point determines that a refund is appropriate. After The Point transfers funds to the campaign target, all subsequent dealings are solely between members and such organizations and/or individuals. You agree that The Point, Inc. is not responsible for any damage or loss incurred as a result of any such dealings. The Point, Inc. is under no obligation to become involved in disputes between members and campaign targets, or between members and any third party. In the event of a dispute, you release The Point, Inc, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. Though The Point cannot be held liable for the actions of a campaign target, campaign targets are nevertheless wholly responsible for fulfilling obligations both implied and stated in any campaign they create. Organizers may not create campaigns that commit a third party to act unless the Organizer has expressly received the assent of such third party in advance of the Campaign creation. It is the sole responsibility of Organizer to obtain such third party assent to action and to make such assent known to all prospective and current Campaign Members. The Point will distribute all monies collected from a specific campaign once the tipping point is reached, and while The Point will make a good faith effort to collect monies committed by campaign members, The Point does not guarantee that it will collect the full amount of money committed by members. The Point reserves the right to cancel a campaign and refund all associated members' payments at any time for any reason. The Point reserves the right to remove a campaign from public listings for any reason.

6. Appointment as Agent for Charitable Contributions

In the event that you elect to make a charitable contribution (a “Contribution”) solicited by a campaign on behalf of a campaign target (a “Designated Charitable Organization”) which is or purports to be an “exempt organization” within meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), you hereby designate and appoint The Point, as your sole and exclusive representative and agent, to engage in each of the following activities: (i) to receive and hold funds in a segregated, non-interest bearing account until either remitted by the Point to such Designated Charitable Organization or refunded to you as provided in paragraph 5 above, unless otherwise directed by you in writing prior to remittance thereof by The Point (it being acknowledged and agreed that you will remain the beneficial owner of such funds until remittance thereof to such Designated Charitable Organization); and (ii) to remit and contribute funds to such Designated Charitable Organization. With respect to any Contribution of $250 or more to a Designated Charitable Organization, you agree to provide your home address information to The Point and authorize The Point, as your agent with respect to such Contribution, to request that such Designated Charitable Organization send you a letter acknowledging their receipt of such Contribution. The Point makes no representation or warranty in any manner regarding the organization, purposes or status of such Designated Charitable Organization or the federal, state or local tax consequences or treatment of any Contribution by you. After remittance to such Designated Charitable Organization of a Contribution received by the Point from you, the designation and appointment of The Point as your agent with respect to such Contribution, and The Point’s authority to act on your behalf with respect to such Contribution, shall terminate without any further action on behalf of either The Point or you. Any such termination shall not in any manner invalidate any prior action taken by The Point within the scope of The Point’s authority hereunder.

7. Privacy Policy

Click here to view The Point’s Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

8. Termination

The Point may terminate or suspend any and all Services and your The Point account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your The Point account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE POINT, LLC SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE POINT, LLC SITE ARE PROVIDED ON AN "AS IS" BASIS. THE POINT, LLC., ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER THE POINT, LLC, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE POINT, LLC SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE POINT, LLC, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Point has no control over such sites and resources, you acknowledge and agree that The Point is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The Point 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

11. Limits of Liability

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S 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 COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

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 MAY HAVE ADDITIONAL RIGHTS.

12. Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through The Point, your use of the Service or The Point, your conduct in connection with the Service or the Point or with other users of the Service or The Point, or any violation of this Agreement or of any law or the rights of any third party.

13. Governing Laws

Governing Law; Venue and Jurisdiction

By visiting or using The Point and/or the Service, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Illinois, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Illinois.

14. Entire Agreement

These Terms of Service constitute the entire agreement between you and Company regarding the use of The Point and/or the Service, superseding any prior agreements between you and Company relating to your use of The Point or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

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