1. USE OF THIS SITE
You certify that the information you provide on Point2Acres.com is accurate and complete. You are responsible for safeguarding the password that you use to access this site and for any activities or actions under your password. If you believe someone has used your password or account without your authorization, you must notify Point2Acres.com immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict, suspend, or discontinue access to Point2Acres.com, or any portion of the site, at any time without notice.
Point2Acres.com has no liability to you for Content that you find offensive, indecent, or objectionable. Our products are intended for use by persons of legal age. Minors should only use Point2Acres.com with consent of a parent or guardian.
You agree that you are prohibited from:
• Using any device or software to interfere or attempt to interfere with the proper working of Point2Acres.com
• Violating or attempting to violate the security of Point2Acres.com
• Using or attempting to use any software, tool or device except the provided search tool or other third party web browsers to search or navigate Point2Acres.com.
2. CONTENT SUBMISSIONS
“Content” means any information, text, graphics, or other digital data uploaded, downloaded or appearing on Point2Acres.com. You retain ownership of all Content you submit, post, display, or otherwise make available to us.
By submitting Content, you certify that:
(A) you are the sole author and owner of the Content;
(B) you are of legal age within your jurisdiction or if you are under the legal age, you are at least 13 years old and your submission has been made under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. Content you supply shall not violate any term of this Agreement and shall not cause injury to any person or entity;
(C) You also warrant and agree that you have not and will not contribute any Content that infringes, violates or otherwise interferes with any copyright or trademark of another party.
3. YOUR LICENSE OF SUBMITTED CONTENT
By submitting, posting or displaying Content on Point2Acres.com, you grant us a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Point2Acres.com is under no obligation to maintain any User Content in confidence; or to pay compensation for any User Content; or acknowledge or respond to any user submitted Content.
4. PROHIBITED CONTENT
You warrant that you will not submit any User Content that is a violation of the terms of this agreement as outlined below:
4.1) Content that is misleading, false or inaccurate;
4.2) Content that violates any local, state, or federal laws;
4.3) Content that contains any confidential information of yourself or others;
4.4) Content that is unlawful, derogatory, obscene, defamatory or slanderous, harassing or threatening, abusive, or hateful to any other person or entity. Point2Acres.com has sole discretion regarding user Content and user Content may be removed or modified at anytime;
4.5) Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, public or privacy rights;
4.6) Content that impersonates another business, person or entity, including Point2Acres.com, its related entities, employees and agents;
4.7) Content that contains viruses, malware or other harmful computer code;
4.8) Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Point2Acres.com;
4.9) Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, or disability;
4.10) Chain letters or financial schemes, i.e. pyramid schemes;
4.11) Content that violates any policy posted on Point2Acres.com;
Although Point2Acres.com cannot monitor all User Content, Point2Acres.com has the right, but not the obligation, to monitor the User Content of it’s Sites to determine compliance with this Agreement. Furthermore, Point2Acres.com at its sole discretion, has the right to edit, move, delete, or refuse to post any User Content submitted to or posted on this site for any reason. You are solely responsible for any Content submissions you make and you warrant that you indemnify Point2Acres.com and its affiliates for all claims resulting from your posted Content.
5. 3RD PARTY REFERENCES AND LINKS TO 3RD PARTY SITES
References on Point2Acres.com to any brands, names, marks, products, links or services of third parties are not a recommendation, sponsorship, or endorsement of the third party, its information, products, or services. Point2Acres.com is not responsible for the Content of any third party linked site. Your use of a third-party site linked from Point2Acres.com is at your own risk and will be governed by the third party’s terms of service and policies.
6. COPYRIGHT POLICY
Point2Acres.com respects the intellectual property rights of others and expects users of Point2Acres.com to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Point2Acres.com is:
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation. You can see an example of such a publication at http://www.chillingeffects.org/fairuse/notice.cgi?NoticeID=16887 A link to your published notice will be displayed on Point2Acres.com in place of the removed content.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Point2Acres.com will also terminate a user’s account if the user is determined to be a repeat infringer.
7. ACCEPTANCE OF CUSTOMER ORDERS AND BILLING
All billing information provided must be accurate and truthful to the best of your knowledge. Providing inaccurate or untruthful information constitutes a VIOLATION of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit processing services. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to process your order. Point2Acres.com may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer’s policies determines the length of time the pre-authorization is held. This is done to ensure that the credit card information is still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the merchandise in your order. You will not be charged for most orders until the order has shipped. Under some circumstances you will be charged at the time your order is placed. Examples are: Orders paid for with a Gift Card or PayPal account.
Point2Acres.com reserves the right to limit the quantity of items purchased per person or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, or to orders that use the same billing and / or shipping address. Customers will be notified if such limits are applied.
Point2Acres.com also reserves the right, at our sole discretion, to
prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Point2Acres.com for the purpose of resale of that same product(s) to a third party.
8. PRICING ERRORS
Point2Acres.com cannot confirm the price of an item until after your order is placed. In the event of a pricing error, Point2Acres.com reserves the right to cancel an order with no further obligations to you, even after you receive an order confirmation or shipping notice from Point2Acres.com. Point2Acres.com may, at its discretion, either contact you for instructions or cancel your order and notify you of the cancellation. Any fees, credit card charges or payments made by the purchaser for a canceled order(s) will be refunded to the purchaser through the method that the payment was received.
9. PROMOTIONAL CODES
Promotional codes or coupons may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
10. GIFT CARDS
Gift cards are not currently available. Terms and conditions related to gift cards will be noted here if and when available.
11. SHIPPING AND DELIVERY
Liability for delayed or lost items by 3rd party shipping vendors will be remedied pursuant to the agreement with the 3rd party shipping vendors.
12. INFORMATION PROVIDED ON POINT2ACRES.COM
Site Administrators, Agent, Authors and Users may post a variety of Content on Point2Acres.com including, but without limitation, merchandise information and descriptions, reviews and comments. The Content that appears on Point2Acres.com is for informational purposes only. Despite our efforts to provide useful, accurate information, occasionally errors may occur. Before acting upon information you have found on our site, you should confirm any facts that are important to your decision making. Point2Acres.com makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information posted. Product information contained on Point2Acres.com may be different from information contained on the product materials due to vendor and manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition for a refund of the cost of the merchandise and any applicable sales tax. Shipping charges are not refundable. You are responsible for the cost of return shipping.
POINT2ACRES.COM, ITS AGENTS, AND AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON OUR SITE.
13. INTELLECTUAL PROPERTY
All trademarks, copyrights, trade dress, other content and intellectual property, including images, text, illustrations, logos, designs, icons, photographs, video clips and written Content (collectively, the “IP”) are owned, controlled or licensed by Point2Acres.com, by third parties or affiliates who have licensed their materials to Point2Acres.com and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Point2Acres.com for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials is transferred to you as a result of your use of Point2Acres.com. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP on Point2Acres.com. All Content on Point2Acres.com is the property of Point2Acres.com and is protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on Point2Acres.com is strictly prohibited.
The Political Ruckus logo and related graphics on Point2Acres.com are trademarks or trade dress of Point2Acres.com in the United States. All other marks are the property of their respective owners.
14. PRODUCT DEPICTIONS
We make every effort to accurately display the depictions and colors of products that appear on Point2Acres.com. The actual colors you see will depend on the device they are viewed with, we cannot guarantee color display of your device will accurately reflect actual product colors or finish.
16. INDEMNIFICATION OF CLAIMS
You agree to defend, indemnify, and hold harmless Point2Acres.com from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Point2Acres.com or any breach by you of this Agreement.
17. TERMINATION OF THIS AGREEMENT
This Agreement is effective until terminated by either you or Point2Acres.com. You may terminate this Agreement at any time, provided that you stop any further use of this Site. If in Point2Acres.com’s sole discretion you fail to comply with any term or provision of this Agreement, we may terminate this Agreement and may do so immediately without notice, and effectively deny you access to Point2Acres.com. Upon termination of this Agreement by either you or Point2Acres.com, you must promptly discontinue any further use of this site.
18. DISCLAIMER AND LIMITATION OF LIABILITY
Your access to and use of Point2Acres.com or any of it’s Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, POINT2ACRES.COM AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Point2Acres.com will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Point2Acres.com has no responsibility or liability for
the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Point2Acres.com or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POINT2ACRES.COM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT POINT2ACRES.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. In the event that any provision of this Agreement is held to be unenforceable for any reason, such provision shall be revised only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Point2Acres.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Furthermore, this Agreement shall be governed by and construed under Maryland law. Any action or proceeding arising out of or related to this Agreement or your use of Point2Acres.com must be brought in the state or federal courts of Maryland and you consent to the exclusive personal jurisdiction of such courts.
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