TERMS OF SERVICE AND USE
BY INDICATING YOUR ACCEPTANCE AND BY CLICKING ON THE APPROPRIATE START BUTTON, AND OR BY DOWNLOADING, INSTALLING, ACTIVATING, OR USING PINPOINTAPPOINTMENT.COM or THE PIN POINT APPOINTMENT MOBILE APPLICATION/APP AND SERVICES, YOU OR YOUR PARENTS/GUARDIAN AGREE TO BE BOUND BY THESE TERMS.
PPNT is a platform that helps cross verify who you set your appointment with by sending a confirmation text to their mobile phone. The individual must respond to your appointment request, download and input their identifying information. When they do, PPNT records the appointment and locks in on that phone. You can therefore track and watch their movements to your meeting in ‘real time’. All activity and identifying information entered is stored in our server(s) including who the client or is, along with the route map they took to meet with you from 1 hour before and up to 12 hours after the appointment time.
MOBILE SERVICES ADDITIONAL TERMS
PPNT offers self-help products for mobile phones, tablets, iPads and standard-rated text messages are part of the PPNT Services. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control and influence of PPNT and, if applicable, its third-party affiliates, may not be able to assist in resolution of such problems. You agree that PPNT is not responsible or liable for problems arising in the network outside of its/their respective servers. The Company’s sole responsibility is to use commercially reasonable efforts to maintain the servers and the software, if any, for providing the Messaging Service and, if applicable to your License, to use commercially reasonable efforts to provide commercially reasonable monitoring as part of your Messaging Service. You agree and accept that your use of the Messaging Service may be limited by your network operator or by the capabilities or capacities of your terminal, tablet or mobile device. The SMS messaging services is only available in the United States and only if your mobile plan provides for text messages and the required mobile coverage. You agree to turn on and leave on your data and GPS service at all times when using the PPNT app in any way. You are responsible for checking to see if your mobile plan includes SMS text messaging. You acknowledge that certain operators of prepaid mobile plans do not support or offer certain mobile network services, such as delivery of messaging and mobile Internet or data access, to users of their prepaid services. You understand and agree that the Messaging Service and/or the PPNT App may not, in whole or in part, be available to you if you have such prepaid service and your mobile network operator does not support required mobile network services required for the Messaging Service.
To subscribe to the PPNT Services, you can download our apps from various app stores and follow setup instructions inside the application/app, or go to Pinpointappointment.com for more information. To cancel a free subscription, simply delete and remove the application/app from the/your phone or device.
You must register an account with PPNT in order to use our Service (your "Account"). To create an account with us, you need to provide us with your name, email address and create a password.
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 these Terms, which may result in immediate termination of your account on our Service. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.
You must not use false or misleading information when registering or using the Service. Your obligations to us won't be reduced for any reason including (for example) where you use a false name.
If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or messages) which may occur because you have not provided us with complete and accurate information.
You are solely responsible for any action taken through your account. Should you lose, misplace, give away or share your account number, username, password or any other details enabling access to your account with any person, we will not be held liable for any claim arising from access or use of your account.
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 trade mark 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.
ACCEPTABLE USE OF THE PPNT SERVICES
As a condition of your use of the PPNT Services, you warrant to PPNT that you will not use the PPNT Services for any purpose that is unlawful or prohibited by these Terms. You shall not use the PPNT Services in any manner which could damage, disable, overburden, or impair the PPNT Services or interfere with any other party’s use and enjoyment of the PPNT Services or PPNT Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PPNT Services, mobile application or PPNT Website.
The PPNT Services may contain SMS (text) based communications, url internet link services, data sync service, application download services, chat support services, positioning services through GPS or triangulation technology, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with PPNT, other users of the PPNT Services, or the public at large (collectively, “Communication Services”.) You agree to use the Communication Services only to send and receive messages and material that are proper and related to the PPNT Services. You agree that PPNT will harvest or otherwise collect and store personal data about you and or other users. Your communications through the Messaging Service are solely between you and the directed recipient(s). You agree that PPNT, its affiliates are not insurers and shall not be responsible or liable for any loss, personal harm, or damage of any sort incurred as the result of any such communications, the delivery or failure thereof, accuracy of information transmitted, or any response or lack thereof by the recipients or emergency responders. Keep your eyes on the road. You agree not to manipulate or use the PPNT mobile application or any of the PPNT services when in motion or while driving. You should be safely parked while utilizing any of the PPNT features. Directions may be inaccurate, incomplete, dangerous, not suitable, prohibited, or involve crossing administrative areas. Data may not be real time, and location accuracy cannot be guaranteed.
You agree that you shall NOT:
PPNT shall have the right to investigate and prosecute violations of any of the above to the fullest extent of the law in any jurisdiction. PPNT may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. PPNT has no obligation to monitor the PPNT Services. However, PPNT reserves the right to review the use of and/or materials posted to a PPNT Service and to remove any materials in its sole discretion at any time.
PPNT reserves the right to suspend or terminate your access to the PPNT Services or any or all of the Communication Services at any time without notice for any reason whatsoever. PPNT reserves the right to store your appointments, friends and open house lead information captured including pictures/images, names, email address for a reasonable amount of time and share this information as a result of any law enforcement investigation. You hereby grant PPNT access to your account at anytime. If this access requires changing of your password you will be notified by email.
PPNT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, criminal investigation, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PPNT’s sole discretion.
PPNT takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers.
PPNT makes no representations or warranties as to the interoperability of the PPNT Services with any network or servers. You acknowledge that PPNT shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the PPNT Services to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the PPNT Services.
You acknowledge and recognize that the PPNT Services is a self-help service provided through the website/application/app, mobile networks, and the internet, and that PPNT does not always control or endorse the involvement of its users, clients or friends of the PPNT Services, including who is an administrator or co-administrator and, therefore, PPNT specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. PPNT Service users, clients or friends are not authorized PPNT spokespersons, and their views do not necessarily reflect those of PPNT, on or through the PPNT Services.
No compensation will be to you paid with respect to the use of your Submission, as provided herein. PPNT is under no obligation to post or use any Submission you may provide and may remove any Submission or at any time in PPNT’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant to PPNT the rights and licenses set forth above. You agree that you shall defend, indemnify and hold harmless PPNT and its affiliates, officers, members, directors, employees and agents from and against any and all third party claims (and any and all resulting losses, damages, liabilities, costs and expenses) alleging that your Submission or PPNT’s use of your Submission in accordance with the rights and licenses granted above violates, infringes or misappropriates the rights of any third party or violates applicable law.
Licensor may require you to make an initial payment or one or more periodic fees to use the Application. Licensor will provide you a written or electronic notice if any such fee is to be imposed. Immediately following any such notice and continuing every period until the termination of this License, you shall pay Licensor in advance in accordance with our fee schedule (the “Fee”). You authorize Licensor to automatically charge the Fee via in app purchase or to your credit or debit card in advance on a periodic recurring basis. We may increase or decrease the Fee by written or electronic notice to you. Upon termination of this License, Licensor shall have no obligation to refund any portion of the Fee with respect to any period after the termination of this License. To cancel your subscription, go to your account inside the app and change subscription in app settings or simply delete it phone your phone. If you have an iTunes subscription you must unsubscribe the PPNT Services in your iTunes account. To get help, email us at email@example.com. Our mailing address is PO Box 12304, Glendale, AZ 85308
When you register for the PPNT Services, you will be given an opportunity to purchase additional services you desire from our service offerings (for example Pin Point Appointment, Panic Point, Open House Point, Tracking Point, Add Friends Point and Access Point ). Subject to the Mobile Services Additional Terms above, certain service offerings included in the PPNT Services may be used without charge from PNPT whereas other services will be offered at premium charges. If premium charges apply to the specific service offerings you have selected, the charges, payment interval and other payment related information associated with the selected service offerings will be disclosed to you at the time you register for the PPNT Services and choose your desired service offerings.
If you select services for which premium charges apply, you will be required to provide us with your password, credit card or PayPal account information to enable PPNT to automatically (at agreed upon one year intervals) charge your credit card or PayPal account the premium charges, if any, associated with the specific services you have selected. These charges will be applied to your credit card or PayPal account in advance of the period in which the services are to be provided or made available to you.
The length of your subscription shall be equal to one calendar year. A subscription period starts on the particular day of the month that your account is created and ends one calendar month later e.g. 2nd August – 1st September. The price of the subscription for this period will be $19.99. All fees shall be payable in U.S. dollars and are non-refundable. You agree to pay the fees and any other charges (including any applicable taxes) for the annual subscription. If we change the fees for all or part of the Service, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, PPNT may discontinue providing the applicable part of the Service to you.
Unless auto renew is turned off 24 hours before end of current period, Subscription Periods automatically renews from one year to the next. Your account will be charged for renewal within 24 hours prior to end of the current period, and identify the cost of the renewal.
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. If you choose to suspend or terminate your account for any reason and it is reinstated at a later date, Subscription Period will start from the particular day of the month that your account is reinstated. No cancellation is allowed during active subscription period. No free trial period is offered and any money paid will be forfeited when the user purchases a subscription
PPNT is committed to making all rates and charges visible and predictable to you. You acknowledge and accept however, that PPNT may change the charges associated with your use of the PPNT Services and that, dependent on your mobile service plan, your mobile network service provider may charge you additional fees for the use of the PPNT Services.
You agree that PPNT, in its sole discretion, may terminate your access to the PinPointAppointment.com website and the Pin Point Appointment mobile application/app and the related services or any portion thereof at any time, without notice and for any reason, including, without limitation, for lack of use or if PPNT believes that you have violated or acted inconsistently with the letter or spirit of these Terms. PPNT may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that PPNT may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that PPNT shall not be liable to you or any third-party for any termination of your access to the Service.
You may cancel your account with PPNT at any time, for whatever reason. If you choose to do this, you will no longer have access to your account or PPNT services nor will you be visible to other users of PPNT and your account will be deleted. Once you have confirmed cancellation, you will retain access to your account until the end of the Subscription Period unless you request that your account is cancelled and deleted but payment for fees incurred during the period from cancellation to the end of that Subscription Period will be due if unpaid and non-refundable if already paid. If you cancel your account or this agreement between PPNT and your account is terminated for whatever reason, you understand that data provided by you may be retained by PPNT for a reasonable amount of time, however PPNT will not retain data for longer than is necessary and will securely delete data that is no longer required by us for business needs or is necessary to retain in accordance with the applicable laws. You will no longer be visible, present or mentioned in any section of website/application/app.
COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
Notice of Copyright or Intellectual Property Infringement: We do respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the PPNT Services has infringed your intellectual property rights, pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA).
To be effective the notification must include:
You are responsible for the content you transmit and receive:
You specifically agree not to use the PPNT Messaging Service:
(1) to send content to another person that may be viewed as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, infringing, or racially, ethnically or otherwise objectionable;
(2) to send content that is harmful to minors in any way;
(3) to impersonate any person or entity, including, but not limited to, a Company official, officer, employee, representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(4) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any identity used to transmit message through the Messaging Service to another;
(5) to send content to others that may be deemed as unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(6) to interfere with or disrupt the Messaging Service or servers or networks connected to the Messaging Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Messaging Service;
(7) to intentionally or unintentionally violate any applicable federal, state, local, national or international law;
(8) to stalk or otherwise harass another user, client or friend
(9) to play pranks on, falsely report events, harass or otherwise mislead any recipient or third party emergency responder.
(10) to impersonate anyone in any way shape or form
(11) to create a false account in another name, upload or display an inaccurate picture or image of yourself, or impersonate another person in any way
You agree that the Messaging Service allows for, upon activation, the notification via text messages to and from cell phones and other devices that are listed in your profile, as well as emergency responders (to the extent applicable). You also agree that, from time to time, the Company may notify you through the Messaging Service, to provide you with information regarding or related to the App or the Messaging Service.
You understand that the technical processing and transmission of the Messaging Service, including your provided information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You also understand that some or all of the transmissions may not be encrypted or protected.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the PPNT Services without liability. Counter-Notice by Accused User. You also grant access to your account to the administrator of the PPNT system. If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to the address below.
That written communication must include the following:
Please send all notices under the above copyright infringement policies by email or mail to the following individual, designated as PPNT’s agent for receipt of notifications of claimed infringement:
Attn: Copyright, PO Box 12304, Glendale, AZ 85308
Repeat Infringers: Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
PPNT shall use commercially reasonable endeavors to make access to your account and our services available 24 hours a day, seven days a week, unless there is planned maintenance or unscheduled urgent maintenance. In such circumstances PPNT shall give you advance notice of maintenance by way of a notice posted on this Site. We do not warrant or guarantee that your use of PPNT will be uninterrupted, error-free or complete; nor that our services will meet your requirements. If you are unhappy with the level of service you are receiving, please let us know by contacting firstname.lastname@example.org.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE PPNT MOBILE APPLICATION/APP AND PINPOINTAPPOINTMENT.COM WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED. PPNT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PPNT SERVICES AND THE PPNT MOBILE APPLICATION/APP or PPNT WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ABSENCE OF ERRORS, BUGS, VIRUSES, AND/OR MECHANISMS WHICH MAY DISABLE, DAMAGE OR INTERFERE WITH COMPUTERs, SYSTEMS, PHONES, DEVICES OR NETWORKS.
YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PPNT APPLICATION SERVICES AND PPNT WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND THAT PPNT SHALL HAVE NO LIABILITY FOR SUCH ERRORS. YOU ACKNOWLEDGE AND AGREE THAT PPNT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PPNT MOBILE APPLICATION/APP AND PPNT WEBSITE AT ANY TIME WITHOUT NOTICE OR LIABILITY TO PPNT.
INFORMATION YOU MAY RECEIVE VIA THE PPNT MOBILE APPLICATION/APP AND PPNT WEBSITE MAY NOT BE RELIED UPON BY YOU FOR, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PPNT MOBILE APPLICATION/APP AND PPNT WEBSITE WEBSITES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR PERSONAL INJURY ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PPNT OR THROUGH
THE PPNT MOBILE APPLICATION/APP AND PPNT WEBSITE WILL NOT CREATE ANY WARRANTY FOR YOU.
THE PNPT SERVICES ARE PROVIDED AS A SELF HELP TOOL AND DOES NOT GUARANTY YOUR PERSONAL SAFETY IN ANY WAY WHATSOEVER. YOU SHOULD ALWAYS USE COMMON SENSE AND SEEK PROFESSIONAL HELP WHEN IT IS NEEDED.
PPNT CANNOT AND DOES NOT GUARANTEE THAT ANY EMERGENCY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, EMERGENCY RESPONSE PERSONNEL MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS OR POLICIES. PPNT IS NOT A REPLACEMENT FOR CALLING 911. IF YOU ARE IN IMMEDIATE DANGER, OR SUFFERING A MEDICAL EMERGENCY, OR ARE A VICTIM OF A CRIME. YOU SHOULD CALL THE APPROPRIATE AUTHORITIES AND NOT RELY THIS SERVICE AND VERIFY THAT APPROPRIATE EMERGENCY PERSONNEL HAVE BEEN CONTACTED OR THEY HAVE ALL INFORMATION NEEDED TO RESPOND TO THE EMERGENCY. PPNT DOES NOT GUARANTEE OR HAS CONTROL OVER WHETHER YOUR MESSAGES WILL BE DELIVERED, OR IMMEDIATELY ACCESSED BY, OR RESPONDED TO BY ANY RECIPIENT, USER, FRIEND, CLIENT OR EMERGENCY RESPONDER.
PPNT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, LOCATION OR ADDRESSES OF THE PPNT MOBILE APPLICATION/APP AND PPNT WEBSITE FOR ANY PURPOSE OR THE AVAILABILITY OF ANY NETWORKS OR COMMUNICATIONS LINES OR FUNCTIONING OF ANY MOBILE PHONE OR DEVICE NECESSARY FOR THE PPNT MOBILE APPLICATION/APP OR PPNT WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PNPT AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, STOCKHOLDERS, OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES OR AGENTS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) BE LIABLE (I) FOR DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU TO PNPT IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLIAM, OR (II) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PPNT MOBILE APPLICATION/APP AND/OR PINPOINTAPPOINTMENT.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE PPNT MOBILE APPLICATION AND/OR PPNT WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PPNT MOBILE APPLICATION/APP AND/OR PPNT WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PPNT MOBILE APPLICATION/APP AND/OR PPNT WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PNPT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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. TO THE EXTENT PPNT MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT IT’S LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF PNPT’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
Other than Submissions belonging to users, we own or license the content on the PinPointAppointment.com website and the Pin Point Appointment mobile application/app, including software, text, visual images/ pictures and content (referred to together as “Content”) and PPNT’s trademarks, logos, and brand elements (referred to as “Marks”). The Content and Marks are protected under U.S. and international laws. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by PPNT.
PPNT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that PPNT 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 web sites or services.
The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and other electronic communications. PPNT is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Under no circumstances shall PPNT be held liable for any delay or failure or disruption of the content or services delivered through the PinPointAppointment.com website or the Pin Point Appointment mobile application/app resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
You agree that, with respect any written notice we are required or permitted to give you in connection with these Terms, such notice shall be deemed effectively given immediately upon electronic transmission of such notice to you at the email address set forth in your account information.
We want to address your concerns without needing a formal legal case. Before filing a claim against PPNT, you agree to try to resolve the dispute informally by contacting PinPointAppointment.com. We'll try to resolve the dispute informally by contacting you via email or telephone. If a dispute is not resolved within 30 days of submission, you or PPNT may bring a formal proceeding.
We Both Agree To Arbitrate. You and PPNT agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by submitting an opt-out request within 30 days of first accepting these Terms. To opt out, send an email requesting to opt out.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States County where you live or work, or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and PPNT agree that any judicial proceeding will be brought in the federal or state courts of Maricopa County (AZ). Both you and PPNT consent to venue and personal jurisdiction there.
These Terms constitute the entire agreement between you and PPNT with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
The failure of PPNT to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign any of your rights under these Terms, and any such attempt will be void. PPNT may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
These Terms shall be governed by the laws of the State of Arizona without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal Courts located in Maricopa County, Arizona in all disputes arising out of or relating to the use of the PPNT or these Terms and you hereby waive any right to claim that such courts constitute and inconvenient forum for such disputes. Use of the PPNT Mobile Application or PinPoitApointment.com Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PNPT as a result of these Terms or your use of the PPNT Mobile Application/App or PinPointApointment.com Website. PPNT’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of PPNT’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PPNT Mobile Application/App or PinPointApointment.com Website or information provided to or gathered by PPNT with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitutes the entire agreement between you and PPNT with respect to the PPNT Mobile Application/App or PinPoitApointment.com Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and PPNT with respect to the PPNT Mobile Application/App or PinPoitApointment.com Website.
You may print a copy of these Terms for you records and please check the Site frequently for any changes to these Terms.
EFFECTIVE DATE: September 6, 2018