| Thank you for visiting PointAccess The PointAccess website has been made available to you subject to your compliance with the terms and conditions set forth below (see "Conditions of Use"). Please read this document carefully before accessing the PointAccess website or use of its services. By accessing or using this website, you are agreeing to the Conditions of Use detailed in this page. If you do not wish to be bound by the Conditions of Use, you may not access or use the website.
Modifications of the Conditions of Use
PointAccess, Inc. reserves the right to change the terms, conditions at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for reviewing these Conditions and additional terms or notices posted on the PointAccess website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
Electronic Communications
When you visit PointAccess, Inc or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. It is also further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
License and Website Access
PointAccess, Inc. grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of PointAccess, Inc. This website or any portion of this website may not be reproduced, duplicated, sold or resold, adapted, copied, transmitted or otherwise exploited for any commercial purpose without the express written consent of PointAccess, Inc.
You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or forms) of PointAccess, Inc without the express written consent of PointAccess, Inc. You may also not use META tags or any other "hidden text" which utilize our domain properties such as hindsiteinteractive.com, pointaccess.net, PointAccess, Inc. or any other derivative of our domain and/or company name without the express written consent of PointAccess, Inc. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PointAccess, Inc so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that PointAccess, Inc. cannot and does not guarantee or warrant that files made available for downloading through the PointAccess, Inc. website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through PointAccess, Inc. or it’s means of communications such as all e-mails within PointAccess’s domain are free from such contaminations.
Copyright and Licenses
The entire contents of this website, including, but not limited to: Text, graphics, logos, button icons, Flash movies, audio clips, images, data compliations, digital downloads, and software, are the property of PointAccess, Inc, its content suppliers or it's clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of PointAccess, Inc.
Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant PointAccess, Inc a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant PointAccess, Inc the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
Case Studies and Portfolio Links
As part of its contractual agreement with its clients, PointAccess, Inc. has reserved the right to link and/or describe work conducted for selected clients as part of its Portfolio and Case Studies. You as the visitor reserve the right to review and visit links to these web sites but do not hold rights or permission to copy, in part or full any logos, images, text/content, animations, or any other copyrighted material from this web site or client sites without direct permission of the client.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY PointAccess, INC ON AN "AS IS" AND "AS AVAILABLE" BASIS. PointAccess, Inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PointAccess, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PointAccess, Inc. DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM PointAccess, Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PointAccess, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
PointAccess, Inc. USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. PointAccess, Inc. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR VALUE OR WITH OTHER INCORRECT INFORMATION, PointAccess, Inc. SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT SUCH AS T-SHIRTS, POSTERS, AND OTHER PointAccess, Inc. BRANDING MATERIAL OFFERED BY PointAccess, Inc. IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO PointAccess, Inc. FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Laws and Regulations
By visiting the PointAccess, Inc website, you agree that the laws of the state of Maryland, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PointAccess, Inc.
Disputes
Any dispute relating in any way to your visit or access of the PointAccess, Inc website or to the products or services you purchase through the PointAccess, Inc website shall be submitted to binding arbitration in Frederick County, Maryland. Except that, to the extent you have in any manner violated or threatened to violate PointAccess, Inc. intellectual property rights. PointAccess, Inc may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any other court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless PointAccess, Inc, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the PointAccess, Inc. website, or use of its services.
PointAccess Services Indemnification:
You agree to fully defend and indemnify and hold harmless PointAccess of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of PointAccess, Inc. in any way related to your use of the PointAccess, Inc.'s services or any portion thereof.
You agree to fully defend and indemnify and hold harmless PointAccess, Inc. of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the PointAccess, Inc. services or any portion thereof. Choice of counsel remains exclusively that of PointAccess, Inc.
You agree that upon the assignment of your Hosting user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless PointAccess, Inc. of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of PointAccess, Inc.
International Use
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Third Party Links
Linked websites are controlled by PointAccess, Inc and PointAccess, Inc. is not responsible for the contents of any linked site or any link contained in a linked site. PointAccess, Inc provides links to you only as a service, and the inclusion of any link does not imply or constitute an endorsement by PointAccess, Inc. of the site.
Other Provisions and Rules
PointAccess, Inc. failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. PointAccess, Inc. may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
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