Terms of Use

Effective Date: December 26, 2020

Welcome to the website of That’s On Point LLC (“ToP” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use” or “Terms”), govern your access to and use of ThatsOnPoint.Squarespace.com and any related ToP websites, including without limitation any content, functionality, and services offered therein (collectively, the “Site”).

Please read the Terms of Use carefully before you start to use the Site. These Terms contain a binding arbitration clause and a waiver of class action rights.

BY ACCESSING, BROWSING, OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN FOR ALL PURPOSES), AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us using our online form.

Maine Residents under 16 years of age may have additional rights regarding the collection and sale of their personal information in your state. Please see Maine’s Privacy Law for more information.

If you are under the age of 18 and have subscribed to any of the paid content available on our site, you must have your parent’s permission and we will assume you have done so. We do not otherwise knowingly collect Personal Information from anyone under the age of 18. By using the Website, you represent and warrant that you are at least 18 years old. If we become aware that a customer is under the age of 18 and has registered or otherwise provided Personal Information, we will cancel the corresponding registration and delete such information from our records.

By using this Site and any services provided by this Site (the “Services”), you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site or use the Services.

Contact Information

Should you have any questions about these Terms of Use, please contact us at our online form.

That’s On Point Subscription and Renewal Terms; Refund & Cancellation Policies

A. General Information

This section applies to your use of www.ThatsOnPoint.Squarespace.com and its associated webpages (collectively, “That’s On Point”). Many features of That’s On Point are available without a paid subscription; however, some features and content require a paid subscription. When you purchase a subscription, you agree to pay the applicable subscription fee, as well as any applicable taxes and renewal fees as described more fully below. If we are unable to charge your credit card or other payment methods, your subscription will automatically terminate.

We may increase the price of That’s On Point subscriptions at any time, however, we will give you at least thirty (30) days advance notice of any price increase. This advance notice will give you an opportunity to cancel your subscription before the price increase goes into effect. If you do not cancel your subscription before the price increase goes into effect, you will be deemed to have agreed to the price increase.

If you subscribe to the That’s On Point, you agree to keep your contact information (i.e. address, email address, phone number) and payment information up-to-date at all times.

B. Free Trial Period

Your subscription may begin with a free trial. If this is the case, we will begin charging you for your subscription at the end of the free trial period and the date of such charge will be considered your purchase date for purposes of subscription period calculations. To avoid being charged, you must cancel your subscription before the end of the free trial period.

C. Cancellation Process

You may cancel by (a) accessing your account online at www.ThatsOnPoint.Squarespace.com and navigating to “Account”, (b) sending an email to any of the emails on the contact page specifying the email address used for the account and clearly indicating that you want to cancel.

D. Promotional Code

If you use a promotional code to obtain a subscription, such code only applies to the subscription period identified in the terms and conditions provided with the promotional code and may not apply to renewal periods. Please carefully review the terms and conditions provided with the promotional code before use. Promotional codes do not apply to gift membership purchases.

Subscription Types

A. Member Subscriptions

The Member Subscription provides you ad-free access to That’s On Point’s site and access to That’s On Point’s podcasts early. You may still receive notices of internal promotions, recommended content, and bulletins that enhance the user experience. We do not make any guarantees as to the posting or availability of any content or the number of podcasts that will be produced in any period of time. The Member Subscription will automatically renew every month around the same day as the purchase date. You must cancel your subscription before the renewal date to prevent the next charge to your credit card or other payment methods. We may also choose, in our sole discretion, not to renew your subscription.

You may cancel your Member Subscription at any time by following the cancellation process above. If you cancel your Member Subscription within the first 14 days of the initial subscription period, you may request a full refund at that time by contacting customer service. If you cancel your Member Subscription any time after the first 14 days of the initial subscription period, you will not receive any refund, but your access will continue until the end of the current subscription period. Except as noted in this paragraph, all charges for the Member Subscription are nonrefundable.

B. Gift Subscriptions

The Gift Subscriptions provide your gift recipient with ad-free access to That’s On Point’s site and access to That’s On Point’s podcasts. They may still receive notices of internal promotions, recommended content, and bulletins that enhance the user experience. We do not make any guarantees as to the posting or availability of any content or the number of podcasts that will be produced in any period of time. The Gift Subscription terminates one year after purchase. We may contact you or your gift recipient prior to termination to ask about renewal.

You or your gift recipient may cancel the Gift Subscription at any time by following the cancellation process above; however, fees for the Gift Subscription are nonrefundable. If you or your gift recipient cancel the Gift Subscription, access will continue until the end of the current subscription period.

Site Usage

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may download or print a single copy of any portion of the content provided on the Site for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notice contained in such material. No other use is permitted unless otherwise expressly permitted in writing by ToP. You may not, for example, use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

  1. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;

  2. Attempting to interfere with service to any user, host, or network;

  3. Sending unsolicited e-mail, including promotions and/or advertising of products or services;

  4. Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission;

  5. Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access; or

  6. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised.

 

We have absolute discretion to determine if any use violates these rules and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the “Contents”) whether publicly posted or privately transmitted, as well as all derivative works, are property owned, controlled, licensed or used with permission by ToP. The Site as a whole and its Contents are protected by copyright, trademark, trade dress, and other laws, and all worldwide rights, titles, and interests in and to the Site and its Contents are owned by ToP or used with permission. ThatsOnPoint.Squarespace.com, That’s On Point, The That’s On Point logo, and all other trademarks and service marks appearing on this Site are property of ToP or are used with permission of the owner. You agree not to display or use such marks without ToP’s prior written permission. ToP disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. Except as expressly permitted herein, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site without the prior written consent of ToP or the owner of such material. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of ToP or the owner of such material. All rights not expressly granted herein by ToP to you are reserved by ToP and/or its licensors. Third-party trade names, product names, and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Site is made available solely for general informational purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Requests to use the Contents for any purpose other than as permitted in these Terms should be directed to ToP at the contact information provided above.

User Content

From time to time, ToP may offer the ability for Site users to publish or upload information or comments to the Site. This functionality may be reserved for registered users. ToP reserves the right but has no obligation, to monitor the information or material you submit to the Site. The ToP will have the right to remove any such information or material that in its sole discretion violates, or may violate, any applicable law or these Terms or upon the request of any third party. In ToP’s sole and absolute discretion ToP may ban users from publishing on the site, participate in Discussions, block access to and cancel the user’s registration, the only liability for any of which will be ToP’s refund of any remaining balance of any subscription fee.

You will not post, download, or copy on the Site, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site that:

  1. Violates any applicable law or regulation;

  2. Promotes or enables illegal or unlawful activities;

  3. Will infringe the copyright, patent, trademark, trade secret, or other intellectual property rights of others;

  4. Violates the privacy or publicity or other personal rights of others;

  5. Misrepresents affiliation, connection, or association with, any person or entity;

  6. Is intended to deceive or defraud other users of the Site;

  7. Is libelous, obscene, profane, inaccurate, sexually suggestive, offensive, threatening, defamatory, abusive, or hateful;

  8. Promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

  9. Is intended to or tends to annoy, threaten, harass, or intimidate any other users of the Site;

  10. Contains video or images of another person without his or her permission;

  11. Contains collects or solicits personal information about a minor; or

  12. Distributes another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes.

 

Other Site users may post information that is protected under copyright laws (whether or not identified as such). You agree that you will not copy, download, modify, publish, transmit, distribute, perform, display, commercially use, or sell any ToP or third-party proprietary information available on or through the Site.

By posting information or content to any public area of the Site you grant, and you represent and warrant that you have the right to grant, to ToP and its affiliates an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information, and content, and to grant and authorize sublicenses of the foregoing.

Digital Millennium Copyright Act

In the event that a third party provides ToP with a notification of any alleged intellectual property infringement, ToP may, in ToP’s sole and absolute discretion, immediately remove such content, ban users from publishing on the site and cancel the user’s registration, the only liability for any of which will be ToP’s refund of any remaining balance of any subscription fee.

In addition, in the event of an alleged copyright infringement, ToP shall act expeditiously in accordance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512) and will take steps to have the allegedly infringing material removed or access to such material blocked.

Procedure for Submitting Notification of Alleged Copyright Infringement

It is our policy to respond to notices of alleged copyright infringement that comply with the DMCA. With respect to copyright infringement, the DMCA requires ToP to have a designated agent to receive notices of alleged copyright infringement. For any content that you believe infringes your copyright, please send a written notice of alleged copyright infringement to ToP’s designated agent at the following email address:

thatsonpoint.podcast@gmail.com

Your written notification of alleged copyright infringement should include all of the following information:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are to be covered by a single notification, a representative list of such works and accompanying URL(s) where such work can be found on the Site;

  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ToP to locate the material on its server;

  3. Information reasonably sufficient to permit ToP to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;

  4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law;

  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

  6. Your physical or electronic signature.

 

Procedure for Submitting Notification of Alleged Intellectual Property Infringement (other than copyright infringement)

If you believe that any content posted using this Site infringes the intellectual property that you own or are licensed to enforce (other than your copyright), please send a written notification to the contact information mentioned above. Include in the email the following information:

  1. Identification of the allegedly infringing material with particularity to permit ToP to locate the material on ToP’s server;

  2. Information reasonably sufficient to permit ToP to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;

  3. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law; and

  4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Your Privacy Rights

 

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links to Third-Party Websites

The ToP is not responsible for the contents of any website that may be linked on our Site, or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by the ToP of that website and is provided only for informational purposes. The ToP reserves the right to reject any request for a link to a third-party website and to remove any link for any reason.

The ToP may offer the ability to link to your social media accounts from the Site. This functionality is offered by the respective social media providers and may be subject to additional terms and conditions from those providers.

Indemnification

You shall indemnify, defend and hold harmless ToP and its business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, from and against any and all damages, claims, and actions brought by you or any third party resulting from: (a) your use of or inability to use the Site, (b) the infringement by you of any intellectual property rights of any person or entity, (c) your violation of the Terms, (d) any content or data entered by you, (e) the breach of any warranty or representation made by you in the Terms, or (f) your violation of any applicable laws, rules or regulations.

Disclaimer and Limitation of Liability

THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. ToP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ToP DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ToP OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF DW HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY OR DAMAGES.

Dispute Resolution

Any controversy, claim, or dispute arising out of or related to these Terms, the Site, or the relationship of the parties, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to the American Arbitration Association Consumer Arbitration Rules (the “Arbitration Rules”). The arbitration shall be conducted in Sanford, Maine before a single neutral arbitrator appointed in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award indirect, punitive, special, or consequential damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules and applicable law. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs, and expenses from another party if the arbitrator, applying applicable law, so determines. No Dispute may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Judgment on the award rendered by the arbitrator, if any, may be entered for enforcement purposes in any court having jurisdiction thereof. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE.

The Terms are governed by and construed in accordance with the laws of the State of Maine, without regard to conflicts of laws principles.

No Waiver

ToP’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of ToP’s right to subsequently enforce such a provision or any other provision of these Terms, nor will any delay or omission on the part of ToP to exercise or take advantage of any right or remedy that ToP has or may have hereunder, operate as a waiver of any right or remedy.

Severability

In the event that any of the provisions of these Terms shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

Modification

ToP, in its sole discretion, reserves the right to update, revise, supplement, and otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately upon posting to the Site. You agree to review the Terms upon each visit to the Site. If in our opinion, a change is material, we will also provide you with notice at least thirty (30) days in advance of the material change. Such notice may include posting a notice on the Site or sending a notification to the email address connected with your account. Your continued use of the Site following such notice will be deemed to conclusively indicate your acceptance of the revised Terms.

Customer Support

Direct all questions or problems with the Site to the contact information stated above.

Update History

December 26, 2020 Terms of Use created.