Pointz Mobility, Inc.
Terms and Conditions
TERMS OF SERVICE
Last updated: December 4, 2022
Introduction
These Terms of Service has been written to describe the conditions under which Our Services are made available to You. The Terms discuss important limitations about the way You may use and rely upon materials You find on the Services. Read these Terms carefully. By using Our Services, You will be deemed to have accepted them. If You do not accept the Terms, You may not use Our Services. These Terms are an agreement between You and Us.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
The terms used in these Terms of Service have the same meanings as in Our Privacy Policy, which are accessible here unless otherwise defined in these Terms of Service.
Definitions
For the purposes of these Terms:
App refers to Our mobile application.
Account means a unique account created for You to access Our Service or parts of Our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms) refers to Pointz Mobility Inc., a Delaware corporation.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: United States of America.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal Data does not include deidentified, anonymous, aggregated or statistical information.
Services collectively refers to the Website, Our App, and any services We may make accessible to You on or through the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Terms refers to these Terms of Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Pointz, accessible from https://www.bikepointz.com/, and associated sub-domains and any related mobile applications.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2. Use of Services
Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use Our Services. Additionally, You cannot access or use Our Services if You are barred from receiving services under applicable law or have previously been suspended or removed from Our Service.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit Our Services or any portion thereof (including any third party software), except as expressly permitted in these Terms. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Us or Our licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, You may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using Our Service: (1) use, display, mirror, or frame the Our Service or any individual element within Our Services, including the layout and design of any page, without Our express written consent; (2) use Our name, any trademark or logo, or any of Our proprietary information without Our express written consent; (3) access or tamper with non-public areas of Our Service, Our computer systems, or the technical delivery systems of Our providers; (4) test the vulnerability of any of Our systems or breach any security or authentication measures; (5) circumvent any technological measure implemented by Us or any of Our providers or any other third party (including another user) to protect the Our Services; (6) access Our Services through the use of any mechanism other than through the use of an authorized connection or Our Services, or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that We provide to You or any other part of Our Services.
3. Account
You will be required to register an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when You use the Services. Additionally, You must update Your account information to keep it accurate, current, and complete.
You are the sole authorized user of any account You create and responsible for all activities that occur under Your password or account. You agree that You shall monitor Your account to prevent use by any person under the age of 18, and You will accept full responsibility for any unauthorized use of Your password or Your account. You may not authorize others to use Your account and You may not assign or otherwise transfer Your account to any other person or entity. Should You suspect that any unauthorized party may be using Your password or account, You will notify Us by email at hi@bikepointz.com.
We will not be liable and You may be liable for losses, damages, liability, expenses, and fees incurred by Us or a third party arising from someone else using Your account, regardless of whether You have notified Us of such unauthorized use. If You provide any information that is untrue, inaccurate, not current, or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Services. We may also suspend or terminate Your account if, in Our sole discretion, We believe You have violated these Terms. You agree not to create an account or use the Services if You have been previously removed by us, or if You have been previously banned from use of the Services.
If You wish to deactivate Your account for any reason, notify Us by email at hi@bikepointz.com. If Your account has been deactivated, We may, but are not obligated to, reactivate Your account upon written request by email.
4. Content You provide us
We may enable You to post, upload, store, share, send, or display information and content, such as road conditions and ratings (“Your Content”) to and via Our Services. You retain all rights to Your Content that You post to Our Service. By making Your Content available on or through Our Service You hereby grant to Us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including Your name and likeness, in any media. The rights You grant Us in this Section 3 are only for the limited purpose of offering and improving Our Service.
5. Disclaimers
THE MATERIALS PROVIDED IN OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Our obligations with respect to Our products and services are governed solely by the agreements under which they are provided and nothing made available through Our Services should be construed to alter such agreements. We further do not warrant the accuracy and completeness of the materials in Our Services. We may make changes to the materials at in Our Services, or to the products and prices described in them, at any time without notice. The materials in Our Services may be out of date, and We make no commitment to update the materials used in Our Services. Information published on Our Services may refer to products, programs or services that are not available in Your country. Consult Your local business contact for information regarding the products, programs and services that may be available to You. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to You.
6. Limitation of liability
IN NO EVENT WILL WE, OUR SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, ANY WEBSITES LINKED TO OUR SERVICES, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF OUR MATERIALS, INFORMATION OR SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Full use of Our Services is dependent upon Your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of Our Services and it is Your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with Your Internet provider for information on possible Internet data usage charges.
Along the same lines, We cannot always take responsibility for the way You use Our Services. You need to make sure that the device You use to access Our Services stays charged – if it runs out of battery and You can’t turn it on to avail the Service, We cannot accept responsibility.
When You’re using Our Services, it’s important to bear in mind that although We endeavor to ensure that it is updated and correct at all times, We do rely on third parties to provide information to Us so that We can make it available to You. We accept no liability for any loss, direct or indirect, You experience as a result of relying wholly on this functionality of Our Services.
7. Integrations, Third Party Links
The Services may link to or otherwise allow You to access or use or integrate with third party providers of products and services (“Third Party Services”). Such Third Party Services are not “Services” under these Terms and are not subject to any provisions related to the Services, including related warranties, indemnities, service commitments or other obligations. The availability of any Third Party Services through the Services does not imply Our endorsement of or affiliation with the provider. Access to and use of any Third Party Services are subject to the separate terms and conditions required by the providers of the Third Party Services. We do not control the Third Party Services and will have no liability in connection with any Third Party Service. We have no obligation to monitor or maintain any Third Party Service and may replace, disable, or restrict access to any Third Party Service or cancel related integrations at any time, without notice. The calculation of downtime of the Site, if any, does not include the unavailability of any integration to a Third Party Service.
If a Third Party Service is enabled for Your account, please be mindful of any account information or content that will be shared with the third party provider and the purposes for which the provider requires access. We will not be responsible for any use, disclosure, modification or deletion of account information or content that is transmitted to, or accessed by, a Third Party Service.
BY USING OR ENABLING ANY THIRD PARTY SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT ANY LIABILITY AND REMEDIES RELATED TO A THIRD PARTY SERVICE IS WHOLLY GOVERNED BY THE APPLICABLE THIRD PARTY AGREEMENT AND WE DISCLAIM ALL LIABILITY RELATED TO SUCH THIRD PARTY SERVICE.
8. General
We administer Our Services from Our offices in the State of Rhode Island, USA. We make no representation that these materials or Services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or Services or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If You choose to access these Services from outside the United States, You do so on Your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Rhode Island, without giving effect to any principles of conflicts of laws.
9. Digital Millennium Copyright Act (“DMCA”) Notice
It is Our policy to respond to allegations of copyright violations in accordance with the DMCA. If You believe that Your work has been copied and is accessible on Our Site in a way that constitutes copyright infringement, You may notify the Company’s designated Copyright Agent at the address below. Inquiries not compliant with the procedure outlined below may not receive a response. When a valid DMCA notification is received, We will respond by taking down the offending content. We will then take reasonable steps to contact the owner of the removed content so a counter-notification may be filed. Upon receipt of a valid counter-notification, We will generally restore the content in question, unless We receives notice from You, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. The Company may provide copies of such notices to the participants in the dispute or to any other third parties, at Our discretion and as required by law. The Company’s Privacy Policy does not protect information provided in these notices.
Notification
If You believe that Your work was copied or posted on Our Site in a way that constitutes copyright infringement, please contact Our designated Copyright Agent:
Trisha Ballakur
225 Dyer St., Providence, RI 02903
hi@bikepointz.com
Please note that You may be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that content is infringing.
Account Termination
The Company may, in appropriate circumstances, terminate an account holder or user of the Site or the Services if they are a repeat infringer. If You believe that an account holder or user is a repeat infringer, please follow the instructions above to contact the Company’s DMCA Copyright Agent and provide information sufficient for We to verify that the account holder or user is a repeat infringer.
10. Dispute resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between You and Us arising out of or relating to these Terms of Service, Privacy Policy, Our Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
We want to address Your concerns without needing a formal legal case. Before filing a claim against us, You agree to try to resolve the Dispute informally by contacting Us in accordance with Section 10 of these Terms, and providing Us with Your email address. We'll try to resolve the Dispute informally by contacting You through email.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Rhode Island without regard to its conflict of laws principles.
Binding Arbitration: We agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where You live or work, Providence, Rhode Island, or any other location We agree to.
No Class Actions: You may only resolve Disputes with Us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under Our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to You or Your claim, You and We agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Providence, Rhode Island. Both You and We consent to venue and personal jurisdiction there. We both agree to waive Our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of Our Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
11. Copyrights and Trademarks
The contents of the Website and App are copyright © 2022 Pointz Mobility, Inc. All rights reserved. Pointz Mobility, Inc. and Pointz are trademarks of Pointz Mobility, Inc. in the United States and other countries. All other product names, service marks and trademarks mentioned herein are trademarks of their respective owners.
12. Changes in these terms
We are committed to ensuring that Our Services are as useful and efficient as possible. For that reason, We reserve the right to make changes to Our Services or to charge for Our Services, at any time and for any reason. We will never charge You for the Services without making it very clear to You exactly what You’re paying for.
We may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on You. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of Our Services.
13. Contacting Us
If You have any questions about these Terms or Our Services, You may contact: hi@bikepointz.com.