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FormPoint FormPoint

Terms and Conditions

[Last Updated January 3, 2019]

FormPoint, LLC ("FormPoint") operates its website at www.formpoint.biz (collectively, the "Site"). Please read the following Terms and Conditions carefully before using the Site. The Privacy Statement is hereby incorporated by reference, as if fully set forth herein. This Terms and Conditions sets forth the terms and conditions that apply to the use of the Site by You (defined below).

1. Applicability & Acceptance of These Terms and Conditions.
By viewing, using, accessing, browsing, or submitting any content or material on the Site, you agree to these Terms and Conditions as a binding legal agreement between you and FormPoint, without limitation or qualification. The term "You" or "you" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site. If you do not agree to these Terms and Conditions, then you may not use the Site. FormPoint reserves the right to modify these Terms and Conditions at any time without prior notice. You agree that each visit you make to the Site shall be subject to the then-current Terms and Conditions, and continued use of the Site now or following modifications in these Terms and Conditions confirms that you have read, accepted, and agreed to be bound by such modifications.

2. Changes in Terms and Conditions.
FormPoint reserves the right, in its sole discretion, to change or discontinue any aspect or feature of the Site with or without notice and/or the services offered on or through the Site (or any part thereof), including but not limited to the Site's features, look, feel, and functional elements and related services, content, hours of availability, and/or modifications regarding our order process. FormPoint also reserves the right to change or modify the terms and conditions applicable to your use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Site, or by electronic or conventional mail, or other means by which you obtain notice thereof. Any use of the Site by you subsequent to such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

3. License.
a. Scope. FormPoint grants you permission (which may be revoked at any time for any reason or no reason) to view the Site and to download, email, share via social networking or print individual pages from the Site in accordance with these Terms and Conditions and solely for your own personal use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Site, except as specifically noted above. Except as specifically authorized by FormPoint, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. FormPoint reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent of FormPoint. You may like or follow FormPoint or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.

b. Conduct. You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations.

You also agree:
  • use the Site for lawful purposes only;
  • to comply with US law and local laws or rules regarding online conduct and acceptable material;
  • not to use the Site or its services or submit content to the Site if you are under the age of 13;
  • not to access the Site or services using a third-party's account/registration without the express consent of the account holder;
  • not to use the Site for illegal purposes;
  • not to use the Site in any unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable manner;
  • not post or transmit through the Site any material which violates or infringes in any way upon the rights of others;
  • not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services, unless FormPoint shall have expressly approved such material in advance of its transmission
  • not to commit any acts of infringement on the Site or with respect to content on the Site;
  • not to use the Site to engage in commercial activities apart from sanctioned use of FormPoint services;
  • not to attempt to gain unauthorized access to other computer systems from or through the Site;
  • not to interfere with another person's use and enjoyment of the Site or another entity's use and enjoyment of the Site;
  • not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site.
c. FormPoint’s Discretion. Any conduct that in FormPoint's sole and absolute discretion restricts or inhibits any other user from using or enjoying the Site is expressly prohibited.

4. Harm from Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that FormPoint shall be entitled to temporary and permanent injunctive relief to prohibit such use.

5. Nature of Material. Some of the services offered by FormPoint on the Site allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material to the Site (collectively, "Submissions"). You agree not to create any Submission that:
  • contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
  • is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
  • unfairly interferes with any third party's uninterrupted use and enjoyment of the Site; advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Site;
  • is intended primarily to promote a cause or movement, whether political, religious or other;
  • contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
  • constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
  • discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;
  • infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
  • contains viruses or other harmful, disruptive or destructive files;
  • harms or is inappropriate for minors to view;
  • links to any commercial or other website; and/or
  • is not otherwise in compliance with these Terms and Conditions.

6. Representations and Warranties.
Each time you use the Site or provide a Submission to the Site, you represent and warrant that you have the right to provide such Submission, which means:
  • you are the author of the Submission;
  • the Submission is not protected by copyright law;
  • you have express permission from the copyright owner to use the Submission in connection with the Site;
  • you have the right to grant FormPoint the license set out in these Terms and Conditions; and/or
  • your use of the Site and Submission(s) do not violate these Terms and Conditions.

7. Disclaimer of Responsibility for Material.
Submissions are not endorsed by FormPoint, and do not represent the views of FormPoint or its parents, subsidiaries, members, and affiliates, agents, officers or directors. You acknowledge and agree that FormPoint does not control all Submissions, and disclaims any responsibility for such Submissions. FormPoint specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, FormPoint does not represent or warrant that any other content or information accessible via the Site is accurate, complete, reliable, current or error-free. FormPoint assumes no responsibility or liability for any errors or omissions in the content of the Site. FormPoint reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions that FormPoint believes, in its absolute and sole discretion, may violate the Terms and Conditions. However, FormPoint disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this paragraph. FormPoint also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions on the Site for any reason or no reason whatsoever, in its absolute and sole discretion.

8. Proprietary Rights.
You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms and Conditions without prior, written permission of FormPoint. All Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language, scripts, active server pages, and other content and software used in the Site are hereby reserved by FormPoint. “FormPoint” is a FormPoint trademark. Such trademarks and other marks, logos, and names of FormPoint or the Site, used on or in connection with the Site may not be used in connection with any product or service that is not under FormPoint's ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits FormPoint. All other trademarks not owned by FormPoint (or its affiliates) that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FormPoint or its affiliates. All other trademarks appearing on the Site are the property of their respective owners. All rights reserved.

9. Downloading of Intellectual Property.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, logos, and photos shared between FormPoint and third parties. Furthermore, the entire contents of the Site are copyrighted as a collective work/compilation. FormPoint owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. In the event of any copying permitted in writing by FormPoint, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that it does not acquire any ownership rights by downloading copyrighted material.

10. Your Account, Password, and Security at Your Risk.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK.
Use of the Site services requires that you register and/or create an account ("Account") or use the Site as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Site's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FormPoint has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FormPoint has the right to refuse any and all current or future use of the Site (or any portion thereof). You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify FormPoint of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. FormPoint shall not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password. FormPoint may terminate your Account at any time, for cause or no cause, with or without written (including electronic) notice. In addition, the use of profanity and unsolicited advertising will not be tolerated on the Site and you should expect to be immediately terminated if this policy is violated. In addition, FormPoint retains the right to edit and delete any messages on our Site which might conflict with this policy.

11. Disclaimer of Warranties & Limitation of Liability
  • THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE (WHETHER PROVIDED BY FORMPOINT, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMPOINT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, FORMPOINT MAKES NO WARRANTIES ABOUT THE ACCURACY, OR LIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, SUBMISSIONS, TEXT, GRAPHIC, AND LINKS ON THE SITE, THE SERVICES PROVIDED BY FORMPOINT, AND ALL MATERIAL POSTED ON THE SITE.
  • NEITHER FORMPOINT, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
  • NEITHER FORMPOINT, NOR ITS AFFILIATES, INFORMATION PROVIDERS, ON CONTENT PARTNERS SHALL BE LIABLE FOR, AND HEREBY DISCLAIMS LIABILITY FOR, ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
  • IN NO EVENT SHALL FORMPOINT OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF FORMPOINT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITE. FORMPOINT ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITE.
  • FORMPOINT ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITE LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL FORMPOINT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO FORMPOINT, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
  • YOU AND FORMPOINT AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS AND CONDITIONS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND FORMPOINT AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.
  • IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

12. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FORMPOINT, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, AGENTS, AND ASSIGNS FROM AND AGAINST ALL ANY CLAIM, DEMAND, OR DAMAGE (WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL), INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANYONE IN CONNECTION WITH YOUR USE OF THE SITE, USE OR MISUSE OF ACCOUNTS AND/OR PASSWORDS, WITH YOUR SUBMISSIONS, WITH ANY ALLEGED INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY RELATING TO THE SITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, AND/OR ANY OTHER ACTS OR OMISSIONS RELATING TO THE SITE.

13. Site’s Content. A large portion of the Site’s content is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of FormPoint. Neither FormPoint, nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. FormPoint neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than employee spokespersons of FormPoint while acting in their official capacities.

14. Links to Third Party Sites. As a courtesy to you, the Site may offer links to other websites. Some of these websites may be affiliated with FormPoint while others are not. These links are provided solely as a convenience to you and not as an endorsement by FormPoint of the contents on such third-party websites. FormPoint is not responsible for the contents of any website pages created and maintained by organizations independent of FormPoint and does not make any representations regarding the content or accuracy of materials on such third party websites. Visiting any such third-party website pages is at your own risk. FormPoint has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by FormPoint. By using the Site you acknowledge that FormPoint is NOT responsible for the availability of, nor the content located on or through any third-party website pages.

15. Jurisdiction, Applicable Law, and Limitations. This Site is created and controlled by FormPoint in the State of Texas. You agree that these Terms and Conditions will be governed by and construed in accordance with the laws of the United States of America and the State of Texas, without regard to its conflicts of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions. FormPoint makes no claims or assurances that the Site is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms and Conditions, or services available on or through the Site must be filed in a federal or state court located in Dallas County, Texas, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

16. General.
  • a. Enforceability. If any portion of these Terms and Conditions is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms and Conditions shall continue to be enforceable and valid according to terms contained herein.
  • b. Entire Agreement. Except as expressly provided in the "Privacy Statement" or other notice on particular pages of the Site, these Terms and Conditions, the Privacy Statement and other notices, if any, constitute the entire agreement between you and FormPoint, superseding all prior agreements regarding the Site.
  • c. No Waiver. The failure of FormPoint to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms and Conditions or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
  • d. Headings & Construction. The section titles in the Terms and Conditions are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms and Conditions shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
  • e. Contact FormPoint. For purposes of providing notice of cancellation or termination, contact us at: info@collectivepoint.com or FormPoint LLC, 8310 N Capital of Texas Hwy Suite 1-210, Austin, TX 78731.