Terms of Use

These Terms of Use were last updated June 23, 2015.

Welcome to point.com! Please carefully review the following rules that govern your use of our website, point.com.

This Terms and Conditions of Use Agreement (the “Terms of Use”) is a legal agreement between you and Point Digital Finance, Inc., a Delaware corporation (together with its related, affiliated, or subsidiary companies, “Point”, “we”, or “us”). These Terms of Use apply to point.com (and any subdomains thereof) owned, operated, licensed, and controlled by Point (the “Site”). This Site is the property of Point. By using this Site, you signify that you have read and understand, and agree to be bound by, these Terms of Use, regardless of whether you are a registered user of our Site.

In addition to these Terms of Use, you may be subject to additional policies, such as our Privacy Policy, Credit Report Policy, and Consent to Electronic Communications and Electronic Signatures (collectively, the “Point Policies”), that may be posted on the Site from time to time. All terms from such Point Policies are hereby incorporated by reference. You also have certain rights under the Fair Credit Reporting Act, a summary of which can be found here.

IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE OTHER POINT POLICIES, DO NOT USE THE SITE.

If you have any questions, complaints or suggestions regarding our Terms of Use or practices, please contact us at [email protected].

CHANGES TO TERMS OF USE OR SITE

Point reserves the right in its sole discretion, to change, modify, add, or remove portions of these Terms of Use and the other Point Policies at any time, without notice. It is your responsibility to check these Terms of Use and the other Point Policies periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

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.

OUR AGREEMENT

The information contained on the Site is of a general nature and is not tailored to your individual circumstances. Information on the Site is not intended as an offer or commitment to enter into an agreement with you. Point reserves the right to refuse to provide our products and services to anyone at anytime. In addition to these Terms of Use, you may enter into other agreements with us that will govern your use of Point products or related services offered by us. If there is any conflict between these Terms of Use and such other agreements, the other agreement will control with respect to the specific aspects of the Point product to which it applies.

AUTHORIZED USERS

This Site is intended solely for users who are 18 years of age or older, and any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. Point does not knowingly collect information from persons under the age of 18.

By using the Site, you represent and warrant (i) that you are 18 or older, (ii) that you are legally qualified to enter into contracts under applicable law, and (iii) that you agree to, and to abide by, all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, or for any other reason, Point may at any time in its sole discretion, with or without notice, (i) delete your account and any content or information that you have posted on the Site and/or (ii) prohibit you from using or accessing the Site. You agree that Point will not be liable to you or any third party for any termination of your account.

APPLYING FOR POINT PRODUCTS

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.

By submitting information, data, passwords, usernames, PINs, other sign-in information, materials, and other content from third party sites and platforms to Point through the Site, you (i) hereby authorize and permit Point to use that content, and hereby license that content to Point, solely for the purpose of evaluating your Point application and providing related services to you and (ii) represent that you are entitled to submit such information to Point for use for this purpose, without any obligation by Point to pay any fees or other limitations. When you connect your third party accounts with the Site during your application process, you expressly authorize Point to access Application Data maintained by identified third parties, on your behalf as your agent. For purposes of these Terms of Use and solely to provide you with services in connection with your application for Point’s products, you grant Point a limited power of attorney, and appoint Point as your attorney-in-fact and agent, to access third party sites and retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE 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.

Application Data and certain other information about you is subject to our Privacy Policy, Credit Report Policy, and Consent to Electronic Communications and Electronic Signatures.

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.

RESEARCH DATA

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.

ACCOUNT SECURITY

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.

LICENSE

Point grants to you a personal, non-exclusive, non-transferable, limited license to access and use the Site in accordance with these Terms of Use. Point reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of this Site not specifically permitted under these Terms of Use is expressly prohibited. This license is revocable by Point at any time without notice and with or without cause.

INTELLECTUAL PROPERTY

All content on this Site, including but not limited to web pages, source codes, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, text, graphics, images, artwork, logos, icons, audio clips, and video clips (collectively, the “Content”), are owned by Point or its affiliates, or by third party content providers, merchants, sponsors and licensors, and all right, title and interest therein shall remain the property of Point and/or such third parties. All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with Point. You agree that you will not duplicate, publish, frame, modify, edit, reproduce, sell, display, transmit, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use without the express written consent of Point. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); or (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Point. As a condition to your use of this Site, you warrant to Point that you will not use our Site for any purpose that is unlawful or prohibited by these Terms of Use.

USER REPRESENTATIONS

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.

ELECTRONIC COMMUNICATIONS

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.

INDEMNITY

By using the Site, you agree to defend, indemnify, and hold harmless the Point Parties from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees and costs) arising out of or relating to (i) your use of this Site or the Content, (ii) your breach of these Terms of Use or (iii) your submission to Point of incomplete, inaccurate or untimely Application Data or other information. The Point Parties reserve the right to assume or participate through the counsel of their choice, at your expense, in the investigation, settlement and defense of any such action or claim.

EXPORT RESTRICTIONS

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

Any failure by Point to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms of Use constitute the entire agreement between you and Point with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Point with respect to such use are hereby superseded and cancelled.

LAW AND VENUE

This Site is located in the State of California. These Terms of Use and the relationship between you and Point shall be governed by the laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

RELATIONSHIP

Without limiting any other provision of these Terms of Use and except as otherwise provided herein, these Terms of Use create no agency, partnership, joint venture, or employee-employer relationship between you and Point.

CUSTOMER SERVICE

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.

PRIVACY

At Point, we respect the privacy of our users. Please review our Privacy Policy (which also governs your visit to our Site) to understand our practices. By using the Site, you consent to our collection and use of personal data as outlined therein. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, notwithstanding Point's efforts to protect such transmissions.