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Website Terms of Use

Last Updated: December 10, 2024

Table of Contents

Acceptance of Terms

This website is operated by Pango Group Inc. d/b/a Point Wild, f/k/a Pango Group. Use of this website is subject to and governed by these Website Terms of Use (“Terms of Use” or “Terms”), which apply to all websites operated and controlled by Pango Group Inc. d/b/a Point Wild or any of its affiliates (“Sites”) and set forth legally binding terms that govern and restrict your use of the Sites. Throughout the Site(s), the terms “we”, “us” and “our” refer Pango Group Inc. d/b/a Point Wild and its affiliates (which may also be hereinafter referred to as “Point Wild”, and on certain Sites as “Pango” or “Pango Group”). Point Wild offers this Site, including all information, materials, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. NOTE THAT THESE TERMS OF USE APPLY ONLY TO YOUR USE OF THE SITES. USE OF ANY PRODUCTS OR SERVICES OFFERED OR MADE AVAILABLE BY POINT WILD SHALL BE SUBJECT TO THE APPLICABLE TERMS OF USE FOR THE PARTICULAR PRODUCT, SERVICE, OR OFFERING.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT TO THE EXTENT AND WHERE PROHIBITED BY LAW OR LIMITED EXCEPTIONS APPLY. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE REVIEW THE SECTION ON “DISPUTE RESOLUTION” FOR DETAILS REGARDING ARBITRATION AND READ THESE TERMS CAREFULLY.

Your use of this site constitutes your acceptance and agreement to these Terms of Use. If you do NOT agree to these Terms of Use, please do Not use this site.

General Disclaimers

You understand and agree that the Sites are semi-public and provided to you on an AS-IS and AS-AVAILABLE basis. The material on this Site is provided for general information only and we are not responsible if information made available on this Site is not totally accurate, complete or current. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites. The opinions expressed on the Sites are not necessarily the opinions of us and may or may not be totally accurate. We reserve the right to modify, suspend, or discontinue the Sites or its contents, without or without notice and without any liability to you, at any time.

1. Intellectual Property Notices

The Sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, comments, articles, information, catalogs, brochures, data, text, software, code, photos or images, interfaces, designs, logos, video, or graphics (“Content”). All Content and any intellectual property rights in or to such Content are the sole property of Point Wild (or its licensors where applicable). Additionally, the Site may feature the names, brand identities and trademarks, including service marks or logos (“Marks”) and copyrighted Content of Point Wild, which all belong exclusively to Point Wild and are protected from reproduction, imitation, dilution, confusing or misleading uses, and any other violating or infringing use under national and international trademark and copyright laws. All other Marks (including third-party product names) or copyrightable content not owned by Point Wild are the property of their respective owners, which may be service providers or licensors of Point Wild. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on this Site without written permission of Point Wild or any such third party that may own a Mark displayed on the Site. The unauthorized use or misuse of any such Marks of Point Wild or third parties is expressly prohibited.

This Site and all of its Content, including the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. Point Wild reserves all rights not expressly granted in and to the Site and its Content, nothing stated or implied on these Sites confers on you any license or right not expressly stated.

You may only use the Sites and the Content offered on the Sites only for INTERNAL OR PERSONAL purposes, and not for any commercial purposes. Point Wild authorizes you to view or download a single copy of the material on the Sites solely for your internal or personal use so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content. You may not use the Sites to sell a product or service; however, you may use them to obtain information about potentially engaging in business with us. You may not copy, modify, distribute, upload, publish, transmit, display, reproduce, transfer, transmit, post, participate in the transfer/transmission or sale, frame, translate, modify, port, distribute create derivative works, or otherwise use or in any way exploit the Content of the Sites or any portion thereof in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise (including through data mining or gathering or using extraction tools), without prior written consent of Point Wild. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You are responsible for all activities that may arise or occur to your system or your network during your visit to any Site.

Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws. You shall not use the Sites for any illegal purpose and you shall abide by all applicable local, state, provincial, territorial, national, and international laws and regulations.

If you violate these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

2. Contributor Disclosure

Certain contributors on the Sites are compensated to provide content on topics of interest to the Sites’ users. Contributions that contain endorsements of Point Wild products or services and are made by individuals with material connections to Point Wild will be identified as such. While such contributors may receive compensation, the content is editorial and based on their opinions, findings, beliefs, or experiences on those topics, services, or products. The views and opinions expressed within Point Wild blogs belong purely to the authors. Any product, claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

3. User Submissions, Forums and Public Areas

Certain places within the Sites, such as forums, blog pages or other public areas, may allow users to post comments or communications that are publicly accessible and non-confidential. The content and communications posted within these areas is largely controlled by users. Point Wild, or the party hosting such a public area, has no control over such content and cannot guarantee the accuracy or reliability of any such content or communications. Thus, the responsibility for what is posted on these pages of the Sites lies with each user — you alone are responsible for material you post.

Neither Point Wild nor any third-party host of such a public area claims ownership of any of the information or material that you transmit, distribute, post, communicate, or store on, to, or through the Sites. Therefore, by submitting any such material or communication to the Sites, you warrant that you own or otherwise control all the rights to any content or communications submitted by you to the Sites and that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party. By submitting communications or content to any public parts of the Sites, you agree that such submission is non-confidential for all purposes and is not otherwise protected by law, and shall be at your own risk. If you engage in such submission, you agree to allow Point Wild and all other persons or organizations involved in the operation of the Sites the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Sites. Point Wild and/or one of its agents or partners reserves the right, but shall have no obligation, to investigate the Sites or your use of the Sites in order to (a) determine whether a violation of these Terms of Use has occurred, (b) comply with any applicable law, regulation, legal process or governmental request, or to (c) remove any postings, profiles, and to terminate your ability to post to the service at any time without notice, in its sole discretion. Point Wild also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials in whole or in part.

4. License Grant

If you submit information to any forms on the Sites, you will provide complete, accurate and current information. You may not impersonate any person or entity, misrepresent your affiliation with a person or entity, or misrepresent the origin of any content you submit to us through the Sites.

If you make any submission to or communications on the Sites, you automatically grant, or warrant that the owner of such content has expressly granted Point Wild, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Point Wild may sublicense its rights through multiple tiers of sublicenses.

5. Rules for Posting Questions and Comments in Forums and Public Areas

Point Wild does not control the content or communications of any of the public areas on the Sites. However, Point Wild does have the right, but not the obligation, to monitor public areas to ensure the content and communications in such areas are within the spirit of the purpose of the Sites and do not otherwise violate these Terms of Use.

Specifically, the following actions will constitute a material breach of these Terms of Use:

  • Posts that contain your full name(s), or any other confidential identifiable information of yourself or others;
  • Using a public area for any purpose in violation of local, state, federal, or international laws;
  • Posting material that infringes on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights;
  • Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Point Wild in its sole discretion;
  • Posting advertisements, solicitations or spam links to other websites or individuals, without prior written permission from Point Wild;
  • Posting chain letters or pyramid schemes;
  • Impersonating another business, person or entity, including Point Wild, its related entities, employees and agents;
  • Registering under more than one name and/or e-mail address;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including email addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting any communications that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the Sites, or which, in the judgment of Point Wild, exposes Point Wild or any of its customers, partners or suppliers to any liability or detriment of any type; and/or
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).

Users who violate these provisions shall be liable for any claim, action, damage or harm caused to Point Wild, user(s), and any other injured party. Furthermore, Point Wild may terminate the account of any person who violates these Terms of Use and the rules provided above. Alternatively, we shall have the right in our sole discretion to edit or remove any material submitted to the Sites for any reason, including material that we, in our sole discretion, find to be in violation of the provisions hereof, or otherwise objectionable or stale.

Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither us nor any of our affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct by users within the Sites or any communication or posting on the Sites.

6. Use of RSS and Comment Feeds

BY DOWNLOADING, USING, OR SUBSCRIBING TO AN RSS FEED OR COMMENT FEED (“FEEDS”) FROM THE SITES, YOU AGREE THAT YOUR USE OF THE FEEDS WILL BE GOVERNED BY THESE TERMS OF USE. PLEASE REVIEW THIS SECTION BEFORE USING, DOWNLOADING, OR SUBSCRIBING TO A FEED.

  1. Point Wild grants you a non-transferable, non-sublicensable, royalty free non-exclusive license to display on your website or in your newsreader platform the headlines, active links, and other information or materials that you specifically select to receive via the Feeds. The Feeds are protected by U.S. and international copyright laws. All rights in and to these Feeds, including the content and technology, are reserved to Point Wild.
  2. The Feeds may be used only with those platforms and newsreaders from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on one of the Sites. You understand and agree that the Feeds that are provided may include footers to assure proper attribution for the content.
  3. By using the Feeds, you agree not to:
    • Display the Feeds in a manner that does not permit successful linking to or direction to our Sites;
    • Insert any intermediate page or other content between the link displayed on your website and the landing page for the content on our Sites;
    • Edit, modify, alter, or create derivative works of the text, content or links supplied by us;
    • Use any robot, spider, other device or manual process to monitor or copy any content from the Feeds;
    • Sell, retransmit, or commercially exploit the Feeds, headlines or content in any manner except as expressly permitted by us in writing;
    • Incorporate advertising into the Feeds as displayed on your site; or Use the Feeds for any unlawful purpose or in violation of the rights of others
    • Use the Feeds on the following categories of websites:
      • Sites that incite hatred whether based on race, religion, gender, sexuality, or otherwise;
      • Sites that promote, encourage or facilitate violence;
      • Sites that discriminate against any specific social group;
      • Sites that promote, facilitate, or encourage illegal activity; or
      • Sites which are misleading, pornographic, defamatory or that contain illegal or otherwise actionable content under applicable law.
  4. We may restrict, suspend, or terminate the Feeds, the license granted above, or your access to the Feeds at any time for any reason including, without limitation, your violation of any provision of these Terms of Use without liability. You agree to destroy all copies of the Feeds (including removing all content supplied by the Feeds from any website) upon receiving notice of termination from us.

7. Enforcement of these Terms of Use

In the event that any provision of these Terms of Use have been breached, or any rule or condition of use stated above have been violated, Point Wild reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue in public areas on the Sites.
  • Investigate an allegation that a communication does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication.
  • Remove communications that it determines, in its sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.
  • Terminate a user’s access to any portions or pages of the Sites.
  • Monitor, edit, or disclose any communication made on or through the Sites.
  • Edit or delete any communication posted on the Sites, regardless of whether such communication violates these Terms of Use.

Point Wild reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.

8. Disclaimer of Warranties

EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, THE SITES ARE PROVIDED “AS-IS”. POINT WILD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES, OR ANY WEBSITE OR THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. POINT WILD DISCLAIMS IMPLIED WARRANTIES THAT THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POINT WILD OR A REPRESENTATIVE SHALL CREATE A WARRANTY. POINT WILD MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT AND FUNCTIONALITY OF THE SITES AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU.

When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of Point Wild, its partners, advertisers, and sponsors. Accordingly, Point Wild assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites. WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. FURTHER, POINT WILD DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.

9. Indemnity and Limitation of Liability

You indemnify and hold Point Wild, its affiliates, and each’s officers, directors, employees, contractors, and agents (“Indemnitees”) harmless from any claim, actions, proceeding, or demand, including, without limitation, reasonable legal fees, made by any third party against an Indemnitee due to or arising from your breach of these Terms of Use, or your violation of any applicable laws, regulations, or the rights of any third party. Point Wild may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify Point Wild, and you agree to cooperate with Point Wild’s defense of these claims. Point Wild will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. Except where and to the extent prohibited by law, in no event shall Point Wild, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not Point Wild is advised of the possibility of such damages. Except where and to the extent prohibited by law, Point Wild is not liable for any personal injury, including death, caused by your use or misuse of the Sites or public areas.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH POINT WILD IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL POINT WILD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, REVENUES, OR PROFITS, WHETHER OR NOT POINT WILD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, USE, OR PERFORMANCE OF THE SITES, FAILURE OF THE SITES TO OPERATE, OR ANY CONTENT OR OTHER INFORMATION PROVIDED IN CONNECTION WITH THE SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL THE TOTAL LIABILITY OF POINT WILD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITES EXCEED TWENTY FIVE DOLLARS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOUR ACCEPTANCE OF THESE LIMITATIONS OF LIABILITY IS AN ESSENTIAL TERM OF THESE TERMS OF USE.

10. Passwords

Registration as a user or subscriber with the Sites may require both a user name and a password, and certain portions of the Sites may require use of multiple one time or persistent passwords. You should consider your usernames and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Sites and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.

11. Privacy

All personal information provided via this Site will be handled in accordance with the site’s online Privacy Policy.

12. Children and Teens

The Sites are not intended for use by children. By submitting information to the Sites, you warrant that you are above the age of majority.

13. Links to External Sites

The Sites may contain links to third party websites or resources. Point Wild does not control these other websites and resources and is not responsible for their availability, content, or delivery of services. Point Wild makes no representations whatsoever about such other websites or resources. The inclusion of any link to a website does not imply endorsement by Point Wild of that website or its entities, products or services. All warranties, conditions, or other terms, express or implied, as to any such linked website, including, without limitation, as to the accuracy, ownership, validity, or legality of any content of a linked website, are hereby excluded. It is your sole responsibility to take any precautions to ensure that whatever you select for your use is free of items such as viruses, worms, trojan horses, and other items of a malicious nature.

14. Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others, and We ask our users to do the same. If you are a copyright owner (or have authority to act on behalf of a copyright owner) and believe your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please contact us to report possible copyright infringement via email to legalnotices@pointwild.com and include the following information:

  • Your name, address, telephone number, and e-mail address,
  • A physical or electronic signature of the copyright owner (or a person authorized to act on behalf of the owner whose right is allegedly infringed),
  • Identification of the work(s) claimed to have been infringed,
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including, if available, the web address where the material was found),
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right owner, its agent, or the law, and
  • A statement that the information in the notice is accurate and, under penalty of perjury, you are authorized to act on behalf of the owner whose right is allegedly infringed.

15. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of New York, exclusive of its choice of law principles. By using this site you consent to the jurisdiction of the courts located in New York, NY for any claims or action arising from these Terms of Use or the Sites. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.

16. Dispute Resolution

Except where and to the extent prohibited by law or an exception applies, Point Wild and/or You hereby each expressly agree that any dispute, claim or controversy arising out of or relating to the Sites, these Terms, or any policies or notices incorporated into the Terms by reference (including the breach, termination, enforcement, interpretation, applicability, or validity thereof or portions thereof) (collectively, “Disputes” or “Claims”) will be resolved solely by binding, individual arbitration and NOT in a class, representative or consolidated action or proceeding as specified in this Dispute Resolution Section (the “Arbitration Agreement”). You and Point Wild each agree that the U.S. Federal Arbitration Act 9 U.S.C. §§ 1-16 (“FAA”) governs the interpretation and enforcement of these Terms, and that you and we are each waiving the right to a trial by jury or court and the right to participate in a class action. THIS MEANS YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ACTIONS, CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

Any arbitration will be conducted in the English language and by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms or otherwise agreed between the parties in writing. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Either party may initiate arbitration proceedings. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We agree to pay for the applicable fees We are responsible for, and will not seek to recover, the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. The prevailing party in the arbitration shall be entitled to receive or seek reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees, and all other expenses) incurred in connection therewith. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the Terms or the Sites, and shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. The arbitrator(s) may not consolidate the claims of multiple parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.

Notwithstanding any other provision herein, each party may seek to resolve Disputes in small claims court if it qualifies; and each party shall retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, if you are a user who resides in a jurisdiction where you have a legal right to opt out of arbitration in accordance with laws applicable to you – you may exercise your legal right to opt out, but you must notify us of your election to opt out of this Arbitration Agreement in writing, and send your opt out request to Point Wild Legal Notices, 250 Northern Ave, Floor 3, Boston, MA 02210, within thirty (30) calendar days of becoming subject to the Terms (I.e. within thirty (30) days of first access or using the Sites). Your opt-out notice must include 1) your legal name and address, 2) the email address or account number associated with you (if you have any account with us), and 3) an unequivocal statement that you want to opt out of this Arbitration Agreement (and, if applicable and you so wish, that you want to opt out of the class action waiver) – such as “I reject and opt out of the Arbitration Agreement contained in your Website Terms of Use.” or “I reject the Arbitration Agreement contained in your Website Terms of Use and am exercising my right to opt out of arbitration and the class action waiver.” If you do not opt out of the Arbitration Agreement within such period, you agree to be bound by the terms of the Arbitration Agreement and these Dispute Resolution terms. If you opt out of only the arbitration provisions, and not also the class action waiver set herein, then the class action waiver shall still apply to you. If you exercise your right to reject arbitration, the other terms of these Terms of Use shall remain in full force and effect as if you had not rejected the Arbitration Agreement.

If an arbitrator or court of competent jurisdiction decides that any part of these Arbitration Agreement terms are invalid or unenforceable, the other parts of the Terms of Use will still apply. These dispute resolution provisions and the Arbitration Agreement shall survive any termination of these Terms.

17. Severability, Waiver, Interpretation, Modification, or Termination of the Terms.

  1. Severability. If any provision of these Terms is held to be unlawful, void, or unenforceable for any reason, then that provision will be limited or eliminated from these Terms to the minimum extent necessary. Unless otherwise expressly provided herein, the invalidity or unenforceability of any eliminated terms will not affect the validity or enforceability of any other remaining provision, all of which will remain in full force and effect.
  2. No Waiver. Any failure to exercise or enforce any right or provision of these Terms will not constitute or operate as our waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
  3. Interpretation of the Terms.These Terms were prepared and written in English. Any non-English translations of these Terms which may be made available are provided for convenience only and are not valid or legally binding. The English language version of these Terms will be the version used when interpreting or construing these Terms, and any notices or other communications in connection with these Terms will be provided in the English language. Use of section headings in these Terms is for convenience only and will not have any impact on the interpretation of the meaning of any particular provisions. The words “including” and “for example” or “e.g.,” and words of similar import, are not limiting or exclusive and will be deemed followed by “without limitation,” whether or not such language is included. Any rights and remedies provided for in these Terms are cumulative and are in addition to, and not in lieu of, any other rights and remedies available under applicable law.
  4. Modification or Termination of the Terms.These Terms of Use are subject to change by Point Wild at any time, in its sole discretion. Changes to these Terms of Use will be posted by Point Wild and your continued use of the Sites following such changes constitutes your agreement to be bound by such changes. We shall also have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach of these Terms of Use by a user.

 

Notwithstanding anything to the contrary, all provisions of these Terms which by their nature should survive termination of these Terms shall survive any such termination, including, without limitation, those provisions relating to ownership and intellectual property, perpetual licenses, disclaimers, indemnity, limitations of liability, dispute resolution, and governing law.

18. Contact Us; Notices

If you have any questions about these Terms of Use or our Sites, please contact us via email at legalnotices@pointwild.com and support@pointwild.com, or at:

Point Wild
250 Northern Ave, Floor 3
Boston, MA 02210

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