Welcome to point.com! Please carefully review the following rules that govern your use of our website, point.com.
Point may, at any time and without notice, modify or discontinue the Site. You acknowledge and agree that Point will have no obligation of any sort to you in connection with any such modification or discontinuance.
APPLYING FOR POINT PRODUCTS
Your acceptance of the Consent to Electronic Communications and Electronic Signatures is required to apply for and use any Point products and related services. You may be required to register with Point in order to access and use certain features of the Site, such as applying for a Point product. To complete a Point application, you will be required to submit information about yourself (“Application Data”), either directly or indirectly by authorizing Point to retrieve your information maintained online by third party financial institutions and social media platforms with which you have customer relationships, maintain accounts, engage in financial transactions, or use their online services (the “Provider Services”). This Application Data may include personal information such as addresses and your Social Security number, as well as information from the Provider Services such as account balances, transaction history, length of membership with such third party institutions, educational background, and professional history, and Point uses this information in connection with our review of your application for Point products. During this stage of the application process, you may be directly or indirectly connected to the website for the Provider Services you have identified. Point may coordinate with one or more online financial service providers to access Application Data maintained on the third party site. Point may use and store the content to evaluate your Point application and to provide services to you, but Point does not store any user account credentials. The online financial service providers store your login credentials securely in a separate database using multi-layered hardware and software encryption.
THAT WHEN POINT IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, POINT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
You understand and agree that the Site is not sponsored or endorsed by any third parties accessible through the Site. Point is not responsible for the accuracy of the information maintained by or on third party sites, nor for products or services offered by or on such sites. You further acknowledge and agree that we have no control over the provision of Provider Services or provision of access to the Provider Services by your provider(s), do not guarantee that you will be able to use the Site features with the Provider Services, and will have no liability whatsoever for any actions or inactions on the part of the third party sites resulting in your inability to use the Site to access your accounts, obtain data, download transactions, or otherwise use or access the Provider Services.
ACCURACY OF INFORMATION PROVIDED
In consideration of your use of the Site, you agree to (i) provide, or cause to be provided, including through third party sites, accurate, current, and complete Application Data and (ii) maintain and promptly update your Application Data (and any other information you provide to Point) so that it is accurate, current, and complete at all times.
Anonymous, aggregate information (consisting of financial account balances, other financial account data, or other available data that is provided by you) may be used by us or our third party vendors to conduct certain analytical research, performance tracking and benchmarking. Our third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
AUTHORIZATION TO CONTACT
By submitting information to Point through our Site or otherwise, you are making an inquiry as to the products offered by Point and give Point permission to contact you through email, fax, or telephone or any other means, even if your phone number is on a “Do Not Call” registry. When you submit information through our Site, we may send your information to our affiliates or service providers.
CELLULAR PHONE CONTACT POLICY
By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider.
CONSENT TO SHARE INFORMATION WITH CONTRACTORS
I expressly authorize Point to share my information including my name, address, anticipated funding amount, and anticipated funding date with general contractors that I may be working with for the sole purpose of providing the contractor with the status of my transaction. I understand that I may withdraw my consent at any time by contacting Point by phone at 888-764-6823 or by email at email@example.com.
Point uses passwords to prevent unauthorized access to certain areas of our Site. You are solely responsible for maintaining the confidentiality of your user name, password and other security-related identifiers. You are solely and fully responsible for all use of your account and for any actions that take place using your account or under your user name and password. You agree to immediately notify us of any loss, theft, or unauthorized use of your password or account and of any other security breach relating to you. Point will not be responsible for any losses or damages arising out of the unauthorized use of your account, and you agree to indemnify and hold harmless Point, its affiliates, successors and assigns, and each of their officers, directors, employees, representatives and agents (the “Point Parties”), for any improper, unauthorized or illegal uses of your account.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, transmit, share, store, publish, display or otherwise make available (hereinafter, “upload”) or email or otherwise use via the Site. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise uploaded by you through the Site (i) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal proprietary rights, (ii) violate any contractual, fiduciary or judicially imposed nondisclosure obligations, or (iii) contain libelous, defamatory or otherwise unlawful material. You agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. Violations of system or network security may result in civil or criminal liability.
You further agree not to use the Site to:
THIRD PARTY WEBSITES
This Site may contain links to outside services and resources, the availability and content of which Point does not control. Such links are provided for your reference and convenience only. We are not responsible for examining or evaluating, and we do not warrant or endorse, the offering of these businesses or individuals or the content of their web sites. Point does not assume any responsibility or liability for the actions, products, and content of these or any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
When you visit the Site or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. You may unsubscribe from future promotional emails by clicking on the opt-out/unsubscribe link and following the instructions contained in any of the automated emails that you receive from us. You are deemed to have received electronic messages sent to you when they are sent to the most recent email address that you provided to us. Your electronic communications with us are further subject to our Electronic Communications and Electronic Signatures Policy.
MONITORING AND RECORDING COMMUNICATIONS
You understand and agree that we may monitor and/or record any communications between you and us for quality control and other permitted business purposes. You also understand and agree that this monitoring or recording may be done without any further notice to you or anyone acting on your behalf.
DISCLAIMER OF WARRANTIES
POINT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS- AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. POINT CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. POINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE INFORMATION PUBLISHED HEREIN, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY RELATING TO THE COMPLETENESS, ADEQUACY, TIMELINESS, OR ACCURACY OF ANY INFORMATION ON THE SITE. POINT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST POINT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The Site may be temporarily unavailable from time to time for maintenance, system upgrades or other reasons. Point assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Point will not be liable for any loss that results from (i) the failure of electronic or mechanical equipment or communication lines, (ii) telephone network issues, (iii) viruses, bugs, errors, configuration problems or the incompatibility of computer hardware or software, (iv) the failure or unavailability of Internet access, (v) problems with Internet service providers or other equipment or services relating to your computer or network, (vi) problems with computer or communications networks or facilities, (vii) problems with data transmission facilities or your telephone, cable or wireless service, or (viii) unauthorized access, theft, operator error, severe weather, earthquakes, or other natural disasters or labor disputes. Point is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property related in any way from your use of the Site.
LIMITATION OF LIABILITY
POINT’S LIABILITY IS LIMITED. EXCEPT WHERE PROHIBITED BY LAW, NONE OF THE POINT PARTIES SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF POINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, POINT'S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO $500. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN POINT AND YOU, AND THAT THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You acknowledge that the Site features and any software underlying such Site are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Site features, directly or indirectly, to: (i) any countries that are subject to U.S. export restrictions; (ii) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (iii) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.
SEVERABILITY; ENTIRE AGREEMENT
LAW AND VENUE
If you need assistance with the Site or with any service or information provided through it, or if you need to communicate with Point, call us at 888-764-6823 or contact us via the “Contact” link at help.point.com.