Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE located at www.thepointsconsultants.org, herein after referred to as TPC. By accessing or using this web site, you are agreeing to these Terms and Conditions.  If you do not agree to all of the Terms and Conditions, do not access or use TPC.

1.        Eligibility

TPC is intended for use only in the United States. If you access the Web Site from outside the United States, you do so at your own risk and you are responsible for complying with local laws and regulations. TPC is available only to persons over the age of legal majority who can form legally binding agreements under applicable law. Children under the age of 18 or the age of legal majority in their place of residence are not authorized to participate in blogs or public forums or post messages on TPC.

2.        Participation in Blogs, Public Forums and Messages

TPC occasionally hosts content provided by third parties, such as contributing bloggers and commercial partners. Further, you may be able to post or submit messages or other materials to TPC. All such content submitted or posted by you or a third party will be referred to in these terms as “Outside Content”.

You are solely responsible for the content of all materials you submit to TPC and all sub sites, including, without limitation, Outside Content.

TPC hereby grants you a limited, non-transferable right to access and use TPC and all sub sites solely for your personal, non-commercial purpose. You have no right to use any Outside Content or content on TPC for any purpose other than as provided in these terms. TPC reserves all rights in and to TPC and sub sites, including, without limitation, all copyright and other personal and proprietary rights.

Outside Content may be viewed by others and you have no expectation of privacy with respect to Outside Content you post. Outside Content may be included in RSS feeds or made available in other formats. You grant a perpetual, irrevocable, non-exclusive, world-wide, royalty free license to TPC to use the Outside Content in any form or media, known now or hereafter developed, which includes, without limitation, the right for TPC (and its third party designees) to use, copy, transmit, publish, distribute, publicly display, publicly perform, create derivative works of, host, modify and edit any Outside Content you submit.

TPC is a distributor (and not a publisher) of Outside Content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including, Outside Content, are those of the respective authors or distributors and not of TPC. TPC may run advertisements and promotions from third parties on TPC. Your business dealings or correspondence with, or participation in promotions of, such advertisers, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

TPC does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, statement, advertisement or promotion made on TPC by any third party, including, any contained in Outside Content. Under no circumstances will TPC be liable for any loss or damage caused by your use or reliance on information obtained through TPC.

TPC has the right, but not the obligation, to monitor Outside Content submitted to TPC.  If TPC chooses, in its sole discretion, to monitor Outside Content, TPC reserves the right to edit, move or remove any Outside Content it deems inappropriate or unacceptable for any reason at any time. TPC further reserves the right to prevent you from submitting Outside Content to the TPC Site.  You agree that TPC has no liability if it elects to prevent you from submitting Outside Content or otherwise edits or removes any Outside Content you submit.

3.        Conduct on the Web Site

You must conduct yourself in a civil and respectful manner and comply at all times with all applicable laws, rules and regulations while participating in any blogs or public forums and agree to limit your discussions to the subject matter for which the public forum is intended.  You covenant and agree that you will not:

  • submit any Outside Content to TPC which violates the patent, copyright, trademark, trade secret or propriety rights, rights of publicity, rights of privacy, or any other rights of a third party.
  • submit any Outside Content to TPC that is unlawful, threatening, pornographic, profane, obscene, offensive, libelous, constitutes an invasion of privacy or publicity, constitutes or encourages a criminal offense, or would give rise to civil liability or otherwise violate state, national or international law. You may not use the TPC to harass, stalk or post insulting comments regarding any other person or submit any Outside Content that is abusive or discriminatory.
  • impersonate any person or entity or misrepresent your identity or association with any person or entity. You may not disguise the origin of any Outside Content posted to TPC. You may not imply or state that TPC endorses or is associated with any Outside Content that you submit.
  • solicit personal information, passwords and associated information from Members or use any data mining, robots, or similar data-gathering and extraction tools in connection with TPC.  You may not post personally identifiable information about any other individual on TPC.  You may not post Outside Content for the purposes of spamming.
  • use TPC for any commercial purpose, including posting Outside Content, images or other items of content that advertise any products or services, link to any businesses or otherwise contain commercial content or solicit contributions.  You may not post pictures or images of anyone other than yourself without permission. By submitting an image, you represent and warrant that you have obtained permission from each person whose likeness is included in the Image and that you can and will make confirmation of such permission available to TPC upon request.
  • post any material that contains software viruses or computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

4.        Reporting Violations of these Terms

If you became aware of activities that violate these terms, you should notify TPC. TPC does not guarantee any action based on such information, but will make every reasonable effort to respond in a fair and timely manner.

5.        Modifications to the Web Site and the Terms

TPC reserves the right, at its sole discretion, to revise, change, or modify these terms at any time by updating this posting.  Your continued use of TPC after any changes will mean you accept those changes.  Any aspect or feature of TPC may be changed, supplemented, deleted or updated without notice at the sole discretion of TPC.

6.        Copyrights and Copyright Agent

TPC has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work appears on TPC in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. 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;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact our Copyright Agent at copyright@thepointsconsultants.com

7.        Privacy Notice

Personal Information. We or our service providers may collect certain personal information, such as name and email address, from you when you access and use TPC. The collection and use of such personal information by service providers is subject to the privacy policies of those service providers.  To the extent that we collect or receive personal information about you, we may use that personal information for a variety purposes, such as to communicate with you about our products and services, to communicate about and administer your participation in promotions we offer, to operate, evaluate and improve our business, to enable you to participate in surveys and other research efforts, and to comply with legal and regulatory requirements, industry standards or guidelines, and our policies.

Non-Personally Identifying Information. When you visit TPC, certain non-personally identifying information about your visit may be logged by us or our third party service providers to provide us with information about how visitors to TPC interact with the site. This information is collected anonymously, reports website trends without identifying individual visitors, and may include your IP address, which is the number assigned to your computer whenever it is connected to the Internet, your operating system, screen settings, Web browser software, and referring website. Automated collection means, such as cookies and web beacons, may be used to collect such information when you visit TPC. Cookies are text files that websites send to your computer or Internet-capable device to identify your browser or store information or settings in your browser. Web beacons, Internet tags, pixels or clear GIFs link web pages to web servers and their cookies and can be used to transmit information collected through cookies back to a web server. You may be able to disable use of cookies through the options on your web browser, but please note that you may not be able to use all of the features on TPC if you disable use of cookies.

Use and Disclosure of Information. We may disclose personal information we collect from you (i) in order to comply with laws or legal process, including subpoenas or agency orders and investigations which we determine are required under appropriate circumstances; (ii) as we reasonably determine necessary or appropriate to protect property, our rights or the rights of others; and (iii) to enforce our policies. We also disclose personal information to our service providers who provide services to us or on our behalf. Generally, we use non-personally identifying information for system improvement and administration, security, statistical analysis purposes, and other internal business purposes. We may also anonymize personal information you submit through the Website(s) by cleansing it of any information which might allow you to be identified or contacted, and combine this non-personally identifiable information with that of other visitors to the site. We use this information for internal business purposes, such as analysis and planning by our marketing and customer service departments. We may disclose non-personally identifying in any manner as permitted by law. We may transfer information covered by this privacy notice, including personal information, in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) of all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

Links to External Sites. We may provide links to external sites. The inclusion of any link does not imply our endorsement of such external website or the products and services offered at such site. We are not responsible for the privacy practices or the content of such websites. Please note that if you link to a third party site from TPC, any information you reveal on that site is not subject to this notice. The content on this site is not provided or commissioned by the company whose products are featured on this site. Any opinions, analyses, reviews or evaluations provided here are those of the author’s alone, and have not been reviewed, approved or otherwise endorsed by the Advertiser. This site may be compensated through the Advertiser’s affiliate programs. Advertising Disclosure: The owner of TPC may be compensated in exchange for featured placement of certain sponsored products and services, or your clicking on links posted on TPC.

Corrections, Updates and Opting Out. You may request that we correct, update or amend personal information we hold about you. To update us regarding changes in your personal information, please contact us as described below. You may elect to opt out of receipt of email communications from us by following the instructions provided in such communications or by contacting us as provided below. Even after opting out, you may still receive non-promotional communications from us or other third parties as a result of their own interactions or transactions with you. If you are a California resident, you may ask us to refrain from sharing personal information with third parties for their own direct marketing purposes. Please indicate your preference by contacting us as described below. Please also note it may take us thirty (30) days to fully process your request.

Changes to this Notice. This notice may be updated periodically to reflect relevant changes in our information practices. We will post a notice on TPC to inform you of significant changes to this notice and to indicate the date of the most recent changes to this notice.  We will also provide additional information regarding changes to this notice as may be required by law.

Contact. If you wish to contact us regarding personal information or this notice, you may email us at info@thepointsconsultants.org

LAST UPDATED 10/19/2016