These Pointwide Solutions Terms of Service define the relationship between you (the user) and Pointwide Solutions. If you use www.Pointwide.com, and/or the website you subscribe to and are provided with by Pointwide Solutions, it means that you accept these unmodified Terms of Service. If you do not agree to these terms of service, you must log off the website.
1.1 Use. Pointwide Solutions hereby grants you a nonexclusive, revocable, nontransferable, temporary license to access and use the website created for you by Pointwide Solutions (the website) via the Internet, and to view and download a copy of the text, images, and other information expressly displayed to you on the website created for you by Pointwide Solutions for your personal purposes only. This license only grants you the right to use the website in the manner described in these Terms of Service, and you do not acquire any right of ownership or title or any right to use the website or any information on the site in any other way. All right, title, and interest in and to Pointwide Solutions and all its contents remains the property of Pointwide Solutions.
1.2 Proprietary Rights. The content on the website is exclusively owned by Pointwide Solutions and/or its content providers, and is protected by copyright laws.
1.3 Restrictions. Your right to use the website and the content is limited and is personal to you. You may not: (i) use, copy, link to, frame or disclose the website or any of its content except as permitted by these Terms of Service or the Pointwide Solutions Rules and Regulations; (ii) use the website or any of its content for time-sharing, rental or service bureau purposes; (iii) sell, sublicense, resell or otherwise transfer your right to use The website or any of its content; (iv) modify or alter any part of the content of the website; or (v) create or attempt to create derivative works based on or from The website or any of its content, in whole or in part.
2. Information on the website.
The content on the website is intended solely for general information of the public and as a guide to help such public locate a rental or lease property. This site is not intended to provide legal, tax, accounting, real estate or other professional advice of any kind.
Pointwide Solutions will not collect any personal information from you while you visit the website.
4. Injunctive Relief.
You agree that if you breach or threaten to breach these Terms of Service in any manner, Pointwide Solutions may suffer irreparable damage, money damages will be inadequate, and Pointwide Solutions shall be entitled to preliminary and other injunctive relief by a court of competent jurisdiction against any such breach or threatened breach, without having to wait for you to cure a breach, and without having to post a bond or other security. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies Pointwide Solutions may have at law or equity.
5. Disclaimers of Warranties.
Pointwide Solutions MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, THE SUITABILITY OF THE CONTENT AND OTHER INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. YOUR ACCESS AND USE OF THE WEBSITE, SUCH CONTENT, AND OTHER INFORMATION ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. Pointwide Solutions HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT, AND OTHER INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, AND AVAILABILITY. Pointwide Solutions DOES NOT WARRANT THE ACCURACY OF ANY OF THE CONTENT OR OTHER INFORMATION CONTAINED ON THE WEBSITE, OR THAT CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE OR THE CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
6. Limitation of Remedies and Liability.
6.1 Pointwide Solutions will have no liability to you or to any third party in connection with any use of the website or the content in any manner whatsoever.
6.2 In no event shall Pointwide Solutions be liable for direct, indirect, special, incidental, punitive or consequential damages, including, but not limited to, loss resulting from business disruption, loss of data, lost profits, lost goodwill or damages to systems or data, whether in an action for contract, tort (including negligence) or otherwise.
Services automatically renew every month for an additional month of service. Customer may elect to discontinue automatic renewal of service by providing written notification to Pointwide Solutions no less than thirty days (30) prior to monthly renewal date. Pointwide Solutions will make a reasonable attempt to notify customer (via email provided by customer) of approaching renewal, however, lack of receipt of said notification does not constitute cancellation and service will be renewed.
Either party may terminate the service if the other party materially breaches any of its material obligations as set forth in these Terms of Service and fails to cure such breach within 30 days after written notice thereof, provided, however, that, if any undisputed payment under these Terms of Service is more than ten (10) days past due, the party to whom payment is due may in its discretion terminate the service. The foregoing termination shall be effective upon the expiration of such thirty (30) day notice period. Notwithstanding the foregoing, Pointwide Solutions may immediately terminate the service if, in Pointwide Solutions's sole discretion, customer fails to fulfill any of customer's obligations or representations.
Waiver of a breach of or a right hereunder will not constitute a waiver of any other or subsequent breach or right.
9. Governing Law.
These Terms of Service shall be governed solely by Montana law excluding its (or any other jurisdiction's) conflicts of laws principles. Venue for any action or arbitration between the parties shall be exclusively in Carbon County, Montana.
10. Entire Agreement.
These Terms of Service represent the complete and exclusive agreement between the parties, and supersedes all previous and contemporaneous agreements, proposals, and communications with respect to this subject matter.