You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
License to use website
Selling To The Point® and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
Unless granted otherwise in writing by Selling To The Point®, You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available by Selling To The Point® for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Selling To The Point®’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Selling To The Point®’s express written consent.
Unauthorized use of the Website and Selling To The Point®’s systems including but not limited to unauthorized entry into any of Selling To The Point®’s systems, misuse of passwords, or misuse of any information posted to the Website is strictly prohibited.
The contents of the Website such as text, graphics, images, logos, button icons, software and other content (collectively the "Website Content") are protected under both United States and foreign copyright, trademark and other laws. All such content is the property of Selling To The Point® or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Selling To The Point® and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Website Content may violate these laws, and is strictly prohibited.
Visitors may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of Selling To The Point® or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Selling To The Point® or its licensors, that dilutes the strength of Selling To The Point® or its licensor's property, or that otherwise infringes Selling To The Point® or its licensor's intellectual property rights. Visitors may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Selling To The Point® creates to generate or display any Website Content or the pages making up the Website is also protected by Selling To The Point®’s copyright and Visitors may not copy or adapt such code.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
You are prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:
accessing data not intended for You or logging into a server or account which You are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any User, or host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” "mailbombing" or "crashing"; or
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Selling To The Point® will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Selling To The Point® also specifically prohibits the following:
Posting content on the Website that contains hyperlinks, "hidden" keywords or keywords that are irrelevant to the content or are otherwise misleading;
Posting or submitting to the Website any incomplete, false or inaccurate biographical information or information which is not their own;
Posting advertisements on the Website.
Sending unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to other Users.
Deleting or revising any material posted by any other User, or other entity;
Taking any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
Notwithstanding anything to the contrary contained herein, it is prohibited to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Website and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); it is prohibited to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or Aggregate, copy or duplicate in any manner all or part of the Website Content or information available from the Website, without express written consent from Selling To The Point®.
Access to certain areas of this website is restricted. Selling To The Point® reserves the right to restrict access to areas of this website, or indeed this entire website, at Selling To The Point® discretion.
Selling To The Point® may disable your user ID and password in Selling To The Point® sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Selling To The Point® a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Selling To The Point® the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Selling To The Point® or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Selling To The Point® reserves the right to edit or remove any material submitted to this website, or stored on Selling To The Point® servers, or hosted or published upon this website.
Notwithstanding Selling To The Point® rights under these terms and conditions in relation to user content, Selling To The Point® does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
You are solely responsible for your Content including, without limitation works in any form, media, or technology whether now known or later developed, audio, video, messages, photos, images, text, compilations or other information that You post on the Website or transmit to other Users.
You agree that in submitting Your Content or otherwise using the Website that You will not submit any materials to the Website that are false, inaccurate, misleading, unlawful, impersonate another person, or or are otherwise in violation of your obligations under these Terms.
You acknowledge and agree that, as between you and Selling To The Point®, Selling To The Point® owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, patent, and trade secret) in and to Selling To The Point®, and all Website Content provided by Selling To The Point® on the Website, including without limitation, text, graphics, site design, and interfaces ("Selling To The Point® Materials"). Any use of Selling To The Point® Materials including reproduction, distribution, modification, or replication, any form of data mining or data extraction or other commercial exploitation of any kind without prior written permission of an authorized officer of Selling To The Point® is strictly prohibited. You agree that you will not use any spider, robot, or other automatic device or manual process to monitor or copy our website, Selling To The Point® Material or any third-party content available on Selling To The Point®'s websites.
By posting Your Content to any public area of Selling To The Point®'s websites, including without limitation, forums, profiles, message boards, and, or by otherwise submitting or transmitting any such Content to us: (i) You acknowledge, represent and warrant that such Content is original to you and that no other party has any rights thereto, or that you have the necessary rights, licenses, consents and permissions to furnish and/or license such Content and submit it to the Website, and that any "moral rights" in having the Content edited, modified, removed, transmitted, published, or displayed in a manner not agreeable to you have been waived; and (ii) You automatically grant to Selling To The Point® and its affiliates a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, copy, modify, publish, reproduce, adapt, translate, perform, communicate to the public, display and distribute such content, and to prepare derivative works of, or incorporate into other works such content in connection with the marketing and promotion of Selling To The Point® and for any other purpose, in Selling To The Point®'s discretion. We cannot be responsible for maintaining any Content that you provide to us, and we may delete or destroy any such Content at any time.
Selling To The Point® reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.
If You believe that your copyrighted work has been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright infringement, please notify Selling To The Point®.
This website is provided “as is” without any representations or warranties, express or implied. Selling To The Point® makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Selling To The Point® does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Selling To The Point® reserves the right to modify or discontinue any services or content provided by Selling To The Point® with or without notice to the User. You acknowledge and accept that Selling To The Point® does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Limitation of Liability
Selling To The Point® will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Selling To The Point® has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Selling To The Point®’s liability in respect of any:
- death or personal injury caused by Selling To The Point® negligence;
- fraud or fraudulent misrepresentation on the part of Selling To The Point®; or
- matter which it would be illegal or unlawful for Selling To The Point® to exclude or limit, or to attempt or purport to exclude or limit, its liability.
SELLING TO THE POINT®’S MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT CUSTOMER HAS PAID TO SELLING TO THE POINT® WITHIN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM FIRST AROSE.
You accept that, as a limited liability entity, Selling To The Point® has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Selling To The Point®’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Selling To The Point®’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Selling To The Point®.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Breaches of these terms and conditions
Without prejudice to Selling To The Point®’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Selling To The Point® may take such action as Selling To The Point® deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Selling To The Point® may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Selling To The Point® may transfer, sub-contract or otherwise deal with Selling To The Point®’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Governing Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the State of California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the state and federal courts within California..