Effective August, 2014
Welcome to Point Enterprises, Inc. (referred to as "PEI" or “we”) online services. The following terms and conditions (collectively, these "Terms of Service") apply to your use of pointent.com, netxed.com or mystaffpro.com, including any content, functionality and services offered (referred to as the "Websites"). The Terms of Service also include our Privacy Policy.
By using the Websites you accept and agree to be bound and abide by these Terms of Service.
PEI reserves the right to update the Websites and these Terms of Service from time to time. Significant changes will be announced to registered users and the current version can always be accessed from the Websites. Your continued use of the Websites following the publishing of updated Terms of Service means that you accept and agree to the changes.
PEI is working hard to maintain and improve the Websites, but does not guarantee that the Websites will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period, nor for any data loss (see also section 7 below).
To access certain features of the Websites you must register and confirm a profile that includes your name, email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using the Websites yourself. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend you choose a strong password and that you log out from your account at the end of every session.
It is a condition of your use of the Websites that all the profile information you provide on the Websites is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As is customary for internet websites, we reserve the right to disable any user account, at any time at our sole discretion, including if in our opinion you have failed to comply with any provision of these Terms of Service.
We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Websites or any content provided on the Websites is error free. Your personal data is managed according to our Privacy Policy.
The Websites and its original content, features and functionality (including look!), are owned by PEI and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any copyrighted material, except to the extent permitted by features of the Websites. If you have doubts about whether or how to use the Websites, please address your concerns to webmaster@pointent.com .
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content as defined below.
All Content added, created, uploaded, submitted, distributed, or posted to the Websites by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations; and that you have the right to distribute the User Content. You acknowledge that all Content, including User Content, accessed by you using the Websites is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. PEI does not guarantee that any Content you access on or through the Websites is or will continue to be accurate.
PEI does not guarantee that all Content will be made available on the Website. We reserve the right to, but do not have any obligation to, remove or block any Content in our sole discretion at any time. Such action may occur without notice to you and for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or if we are concerned that you may have violated these Terms of Service.
You are permitted to use the Websites for personal or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Websites in any manner, or violating the “Content Standards” set below. No right, title or interest in or to the Websites or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Websites not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
We ecourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Websites that you may choose to provide from time to time (“Feedback”). When you provide Feedback, you grant, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Websites or other products or services.
The Websites may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
The Websites contain user generated content and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other users Content on or through the Website. All Content must be lawful, not be reasonably considered SPAM, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
PEI does not review all material before it is posted on the Websites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, PEI assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless PEI from any claims resulting from any action taken by PEI during or as a result of its investigations and from any actions taken as a consequence of investigations by either PEI or law enforcement authorities.
If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:
The notice should be addressed to webmaster@pointent.com , or via mail to Point Enterprises, Inc., 1353 Whispering Oaks Circle, Matthews, NC 28104 USA.
Your use of the Websites is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Websites, and you agree to defend, indemnify and hold PEI harmless from any claims, losses, liability costs and expenses (including but not limites to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Websites. Because the Websites are not error or bug free, you agree that you will use them carefully and avoid using them in ways which might result in any loss of your or any third party's property or information.
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of North Carolina (USA) without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina.
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PEI and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.