OnPoint’s Proprietary Rights
All content, graphics, code, and software used on or incorporated into this Website, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by OnPoint. OnPoint grants you permission to electronically download, copy, or print hard copies of pages from this Website solely for your personal, non-commercial purposes. You may not sell, publish, advertise, or otherwise distribute for commercial purposes any information or materials obtained from the Website. Any use of this Website or content or information contained herein other than for your own personal, non-commercial use is strictly prohibited, unless the written permission of OnPoint is obtained first.
ONPOINT, CELLCAST and the OnPoint Logo are registered trademarks of OnPoint. All related marks are trademarks and servicemarks of OnPoint. All rights in such trademarks and servicemarks are reserved.
Though OnPoint uses reasonable efforts to ensure otherwise, this Website may contain typographical errors or other inaccuracies and may not be complete or current. OnPoint reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time.
Disclaimer of Warranties and Limitation of Liability
OnPoint provides this Website, its contents, and any and all products, services, and information described or provided herein on an “as is” basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY MATERIALS FOUND ON THIS WEBSITE IS AT YOUR SOLE RISK. ONPOINT EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH OR RECOMMENDED BY THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ONPOINT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ONPOINT OR ANY OTHER PARTIES INVOLVED IN CREATING OR MAINTAINING THIS WEBSITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF ONPOINT OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL ONPOINT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20).
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD, ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THIS WEBSITE, WHETHER THE CLAIM GIVING RISE TO SUCH LIABILITY IS RELATED TO BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
Choice of Law, Waiver, Claims, Severability
By using this Website or accessing any information herein, you agree that the laws of the State of Georgia will govern your use of the Website. You also agree that any legal or equitable claim arising from your purchase must be brought in the city, state, or federal courts located in Chatham County, Georgia, and you consent to the exclusive jurisdiction and venue in such courts. OnPoint's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or products purchased through this Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may direct any questions concerning this Agreement or notices required by this Agreement to:
OnPoint Digital, Inc.
906 Drayton St.
Savannah, GA 31410
Fax: (912) 898-9210
Whole Agreement and Amendment
This Agreement constitutes the entire agreement between you and OnPoint with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. OnPoint may amend or modify this Agreement at any time by posting the new terms on its Website. This Agreement may not be otherwise amended except in a written document signed by you and OnPoint.
This agreement was last revised on January 20, 2011.