Point Blank, LLC

TERMS OF USE

Point Blank, LLC ("PBS") is a software development company.

You have accepted these Terms of Use, which govern your use of our Service. As used in these Terms of Use, "Service" shall mean any service provided by Point Blank, LLC including all features and functionalities, website, and user interfaces, as well as all content and software associated with any service.

  1. Acceptance of Terms of Use.

    1. These Terms of Use, which include our Privacy Policy, govern your use of the Service. By using, visiting, or browsing the Service, you accept and agree to these Terms of Use.

    1. PBS may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 15 days after posting.

  1. Privacy Policy. Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy at Privacy Policy to understand our practices.

  1. Communication Preferences. By using the Service, you consent to receiving electronic communications from PBS relating to your activity. These communications may involve sending emails to your email address provided during registration, or posting communications on the Service, and may include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements. You also consent to receiving certain other communications from us, such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods; provided that you shall be able to manage your account settings accordingly.

  1. Subscription, Billing and Cancellation.

    1. Subscription.

      1. Subscription terms shall be defined in a separate Hosted/Cloud Application Service Agreement executed with each customer.

      1. Subscription terms can be unique for each customer. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. No customer shall have the right to have their agreement modified based on the terms of another customer's agreement.

    1. Billing.

      1. By providing or designating a Payment Method, you authorize us to charge only the amount specified unless specific communication to us indicating the use of the payment source in a recurring fashion.

      1. Pricing for any service shall be defined in a separate Hosted/Cloud Application Service Agreement executed with each customer. Any price changes to your service will be outlined in this agreement or addendum or replacement.

      1. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

      1. You may provide an alternative payment method by submitting new card information or contacting us directly. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not provide an alternative funding source or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, which may affect your payment billing dates.

    1. Cancellation. You may cancel your subscription based on the terms defined in a separate Hosted/Cloud Application Service Agreement executed with each customer. You will continue to have access to the Service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. To cancel your subscription, please contact us or follow the instructions in your agreement.

  1. Service Information.

    1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Service. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

    1. The Service and any content viewed through the Service are for your personal and non-commercial use only. During your subscription, we grant you a limited, non-exclusive, non-transferable, license to access the Service. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

    1. We continually update the Service, including the content library. In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, and delivery. We reserve the right to, and by using the Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate the Service.

    1. You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Service. You also agree not to do any of the following: Circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs.

    1. PBS software is developed by, or for, PBS, and is designed using best practices. This software may vary by device and medium, and functionalities may also differ between devices. By using the Service, you acknowledge and agree to receive, without further notice or prompting, updated versions of the PBS and related third-party software. PBS does not take responsibility or otherwise warrant the performance of your devices, including the continuing compatibility of the device with the Service. By using the Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service.

    1. We may terminate or restrict your use of the Service without compensation or notice if you are, or if we suspect that you are, (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the Service.

  1. Passwords & Account Access

    1. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

    1. In order to provide you with ease of access to your account and to help administer the Service, PBS implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Service, which includes accessing via PBS-ready devices or website. PBS reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. PBS is not obligated to credit or discount a subscription for holds placed on the account by either a representative of PBS or by the automated processes of PBS.

  1. Disclaimers of Warranties and Limitations on Liability

    1. THE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PBS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. PBS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, PBS-READY DEVICES, AND SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SERVICE).

    1. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PBS, OR ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

    1. YOU AND PBS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    1. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

  1. Intellectual Property. The Service, including all content provided on the Service, is protected by copyright, trademark, trade secret or other intellectual property laws and treaties.

  1. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Service. These Applications may import data related to your account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and PBS is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY PBS AND MAY NOT BE AUTHORIZED FOR USE WITH THE SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

  1. Use of Information Submitted. PBS is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Service, including the PBS website and user interfaces, worldwide and in perpetuity, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note PBS does not accept unsolicited materials or ideas for PBS content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to PBS. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against PBS and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

  1. Customer Support. To find more information about the Service and its features, or if you need assistance with your account, please visit Contact Us. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

  1. Miscellaneous.

    1. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

    1. Terms of Use shall be governed by and construed in accordance with the laws of the state of Arizona, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.



© 2018 Point Blank, LLC