POINT618 DESIGN INC.
LAST UPDATED: July 22, 2019
By accessing, using or downloading any materials from the App, you agree to follow and be bound by the Terms and any additional rules, terms, or conditions that we may post, which may be updated by us from time to time without notice to you. You may review the most current version of the Terms at any time here. We and third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this App at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this App. The App is not intended for and is not designed to attract children under 13 years of age.
We may make changes to these Terms from time to time by posting the revised version of the Terms on the App. You can determine when we last changed the Terms by referring to the "LAST UPDATED" legend above. Any such modification will be effective upon our posting of new Terms. Your access to or use of the App following changes to the Terms will constitute your acceptance of those changes. You understand and agree that your continued access to or use of the App after the effective date of modifications to the Terms indicates your acceptance of the modifications.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or any portion thereof.
3. ACCOUNT REGISTRATION
4. SUBSCRIPTION PAYMENTS, RENEWALS, AND CANCELLATION
If you choose to buy a subscription, payment will be charged to your Apple ID account at the confirmation of purchase. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
All purchases are final. We cannot issue refunds for purchases charged to your Apple ID.
5. USER CONDUCT
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the App. You accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the App or its contents. You accept all risks of unauthorized access to the User Data and any other information you provide to us.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with the App are the sole responsibility of the person from whom such Content originated. We do not control or monitor the Content made available in the App by others and do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the App, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the App.
You agree to not use the App to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, an Point618 official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material 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; (h) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the App or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the App.
You acknowledge that we may or may not pre-screen or monitor Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the App. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the App, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that we may access, preserve and disclose your User Data, Payment Method information, and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of us, its users and the public. Subject to the foregoing, we will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
6. INTENDED USE OF SERVICES
This App is a tool to be used for informational and educational purposes only, and is not intended to be financial or investment advice. The App is for your personal and noncommercial use only. You may not use or otherwise exploit the App/Site and/or any features or content in connection with any business or commercial undertaking (whether or not for profit). Your use of the App/Site and/or its features must at all times comply with all applicable laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the App, use of the App or access to the App.
The App is not targeted towards, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE APP. If you are between the ages of 13 and 18, you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
7. ELECTRONIC COMMUNICATIONS
The App may provide you with the ability to send emails or other communications to third party service providers, advertisers, other users, and/or us. You agree to use communication methods available on the App only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the App, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by us (unless expressly stated otherwise by Point618) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by us in any manner, though we reserve the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
8. PROPRIETARY RIGHTS
You acknowledge and agree that the App and any necessary software used in connection with the App (if any) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, the software or Content available on the App (other than Content that you may submit), in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App. You agree not to access the App by any means other than through the interface that is provided by us for use in accessing the App.
The term Earnings Season is the exclusive trademark of, and is owned by, Point618 Design Inc., and you may not use or display such trademark in any manner without our prior written permission. Any third party trademarks or service marks displayed on the App are the property of their respective owners. We reserve all rights not expressly granted hereunder.
9. DISCLAIMER OF WARRANTIES AND LIABILITY
The App is a tool to be used for informational and educational purposes only, and is not intended to be financial or investment advice. We do not promise or guarantee that data provided and presented in this App is accurate, complete, current, or correct in any way, and errors may occur at any time. You acknowledge and understand that it is your responsibility as an investor, trader, or individual to perform your own due diligence and research regarding the data provided on the App. You further understand it is your responsibility to refer to and check companies' Investor Relations for confirmation of earnings calls or any other important information regarding companies.
The stock information that is displayed in this App is displayed for informational purposes only and shall not be interpreted to be financial advice, or any recommendation to buy, sell, or trade the stocks presented. You acknowledge and understand that it is your responsibility to seek and consult a qualified licensed financial professional for financial planning and investment advice. We shall not be liable for any losses that you should incur in the market as this App is intended for informational purposes only.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE IN THE APP ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. YOU ARE USING THE APP AT YOUR OWN RISK. POINT618 DESIGN INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. POINT618 DESIGN INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE APP WILL BE CORRECTED. YOU EXPRESSLY AGREE TO RELEASE POINT618 DESIGN INC., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APP, (c) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF POINT618 DESIGN INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU ARE RESPONSIBLE FOR THE SECURITY OF YOUR NAME AND PASSWORD. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SUBJECT TO APPLICABLE LAW, (a) IN NO EVENT SHALL POINT618 DESIGN INC., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF LOSS OR DAMAGE OF ANY KIND THAT MAY RESULT TO YOU OR A THIRD PARTY WITH RESPECT TO OR IN ANY WAY CONNECTED TO OR RELATED TO OR ARISING FROM THE USE OF OR THE INABILITY TO USE THE APP, THE CONTENT, SERVICES OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APP (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU OR A THIRD PARTY ON ANY INFORMATION OBTAINED FROM POINT618 DESIGN INC., OR THE APP), OR ANY LOSSES OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO POINT618 DESIGN INC.'S RECORDS, PROGRAMS OR SERVICES; AND (b) IN NO EVENT SHALL POINT618 DESIGN INC., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, INCOME, OR REVENUE, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, WASTED MANAGEMENT OR OFFICE TIME, FINES, PENALTIES, TAXES, LOSS OF COMMERCIAL REPUTATION, OR ANY OTHER ECONOMIC LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, OR THE INABILITY TO USE THE APP OR ANY OF ITS FEATURES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLIES REGARDLESS OF WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF POINT618 DESIGN INC. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USE OF THE APP.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the App, your use of the App, your connection to the App, your violation of the Terms, or your violation of any rights of another person or entity.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the App. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the App (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the App. Termination of your account may include (1) removal of access to all offerings within the App, (2) deletion of your information, files and Content associated with or inside your account, and (3) barring of further use of the App. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the App.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. ENTIRE AGREEMENT
These Terms and any document expressly referred to herein constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between us relating to the subject matter of any contract.
15. NO JOINT VENTURE/ NO THIRD PARTY BENEFICIARIES
16. GOVERNING LAW AND JURISDICTION
This App is controlled by Point618 Design, Inc. from its offices within the United States of America. We make no representation that the Content in the App or the App are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this App from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the App, the Content or the Terms shall be governed by the laws of the state of New York, and controlling U.S. federal law, without regard to conflicts of laws rules thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Onondaga County, New York for any legal proceedings related to the App or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the App or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any failure or delay in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of our rights or remedies. You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms, in whole or in part, by operation of law or otherwise, without your prior written consent. Our notice to you via email, regular mail, or notices or links on the App shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The headings in these Terms are included for convenience only and shall not affect the interpretation of these Terms.