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 mispriced, 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
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.
7.2. If you participate in any Promotions, please review the applicable rules as well as our
rules will apply.
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
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
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
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
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
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, timebombs 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
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: firstname.lastname@example.org;
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.