Last Modified: 10/8/2021
The term “you” or “your” refers to any user, purchaser, or visitor of www.pointypeople.com (“the Website”), including any content, services, functionality, mobile applications, downloadable materials, courses, or products (“the Services”). By using this website you agree that you are at least 18 years old or of legal age in your applicable jurisdiction and eligible to form a binding contract with the Company. Collectively, you and Company will be referred to as “the Parties.”
ACCESS AND USE OF WEBSITE
Company reserves the right to modify or discontinue the Website or Services, or any part thereof, temporarily or permanently, with or without notice. You agree that Company will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period.
If you are provided with a username, password or any other account information, you must treat such information as confidential. You may not provide your username, password or other account information to another person or provide any other person with access to the Website or Services using your username, password, or other security information. You agree to notify us immediately of any authorized access to or use of your account, username or password. You agree to exit your account at the end of each session and exercise caution when accessing an account from a public or shared computer so that others are not able to view or record your personal information.
INTELLECTUAL PROPERTY RIGHTS
All content and features on the Website, including but not limited to information, software, images, text, designs, graphics, video, audio, and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.
WEBSITE FOR PERSONAL USE
The Website and Services are solely for personal and non-commercial use. You may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display.
You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website, except and only except as follows: i) You may print or download one copy of a reasonable number of pages of the Website solely for your own personal, non-commercial use; ii) If Company provides desktop, mobile or other applications for download you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
COPYRIGHT INFRINGEMENT NOTICE
If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Pointy People, LLC of your claim at firstname.lastname@example.org, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). To be effective your notification must be in writing and include the following information:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
Your address, telephone number and email address;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.
REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable law, the Company has a policy of terminating the user accounts of repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
By submitting a comment, photo, video or other materials onto our Website, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.
Fees for the [Product, Course, Membership] are set forth on the Website. We reserve the right to change the fees at any time.
We have made every effort to display as accurately as possible the colors of the products that appear on the Site. However, as the actual colors you see will depend on the device you are viewing the products on, we cannot guarantee that your devices display of any color will be accurate. We are an artisan marketplace, and each item is handmade and colors will vary. You may not receive the exact product color that is displayed in the product picture.
While we try to be as accurate as possible in our product descriptions, because many of the brands and artists we carry on our Site offer products that are handmade (one-of-a-kind), and/or upcycled (a process of converting waste or useless materials into new products of better quality or for better environmental value), we do not guarantee that the product picture on the Site will be an exact match with the item you receive. Please refer to our Return Policy for what to do if you receive an item you are not satisfied with.
OUR SUSTAINABLE PROMISE
At ESA we are dedicated to doing our best to take sustainable and/or socially responsible measures in the production and transportation of our products. We do our best to ensure none of the items we sell are made in sweatshops and all the affiliate businesses we work with ensure their products are made under fair working conditions and in small batches. However, because we must take the brands at their word, we are not responsible for any unreported or misrepresented practices and are unable to provide a 100% guarantee about the ethical practices of any affiliate business.
COURSES/ 1:1 CONTAINERS
Due to the immediate and direct access to the [course materials] we do not offer a refund of any kind.
PRODUCTS SOLD AT ESA (NOT INCLUDING PRODUCTS SOLD FROM AFFILIATE BUSINESSES WEBSITES)
14-Day Refund Policy. If you are not satisfied with the Product, we may provide a full refund within 14 days of purchase subject to the following conditions:
Deadline to Apply for Refund: To be eligible for a refund you must submit your request within 14 days of your date of purchase.
The return reason is not in regards to color or shape of artisan products.
Company discretion: All refunds are within the Company’s sole discretion as to whether to grant or deny the request.
If you select a Service with a recurring subscription (autorenewal) you authorize Company to maintain your account and payment information and charge that account automatically upon the renewal of the Service. If you wish to terminate your subscription, you must email email@example.com at least ten (10) days prior to the renewal.
If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
THIRD PARTY WEBSITE LINKS
If Company, its Website or Services provide links to other sites and resources provided by third parties, including links in advertisements or sponsored links, these links are provided solely for your convenience. Company cannot control the contents of third party websites and if you choose to access third party websites you do so at your own risk. Company is not responsible for and does not endorse such third party sites. You agree that Company will not be liable for any loss or damage that may arise from your use of them.
SOCIAL NETWORKING SERVICES
The Service may include certain services that are available via mobile device “Mobile Services.” To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
USER CONDUCT AND CONTRIBUTIONS
WEBSITE MONITORING/ ENFORCEMENT
We have the right to monitor User Content and to remove or refuse to post any User Content for any or no reason in our sole discretion. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or User Content.
To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website or that the Website will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Website, Services, its related content, or any services obtained through the Website will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Website and Services are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. Nothing on this Website and Services should be construed as medical, legal, or financial advice.
PURPOSE OF INFORMATION DISCLAIMER
The information contained on this Website/Blog is for informational and educational purposes only. You should not rely on the information on this Website/Blog as a basis for making any business, legal or health decision. The information on this Website/Blog should not replace the advice of any therapist, doctor, lawyer or licensed professional. The information provided on this Website/Blog is not designed to prevent cure or treat any mental disorder or medical disease. Pointy People, LLC disclaims any responsibility for the accuracy or reliability of medical, legal, or other professional information that is contained within the Website/Blog.
NO RESPONSIBILITY/ ERRORS DISCLAIMER
Pointy People, LLC makes no representations, express or implied, about the completeness, accuracy, reliability, or availability about the Website/Blog, its services or the information or products contained on the Website/Blog. Pointy People, LLC is not liable for any false, inaccurate or incomplete information on the Website/Blog. Pointy People, LLC is not liable for any technological failure that impacts the Website/Blog. Pointy People, LLC reserves the right to correct any errors or omissions in the Website/Blog. Pointy People, LLC does not guarantee that the site, content or any downloadable materials do not contain viruses, worms, “trojan horses,” or other destructive materials. Pointy People, LLC is not liable for damages or harm from such materials.
All materials on this Website/Blog, including design, text, images, and other content are owned or licensed by Pointy People, LLC or its affiliates, either through copyright or trademark, for use on this site only. Content may not be copied, reproduced, transmitted, distributed, downloaded or transferred in any form or by any means without Pointy People, LLC's prior written permission. Unauthorized use is prohibited. You may contact firstname.lastname@example.org if you are aware of any copyright infringement or have questions about the acceptable use of Company’s content.
Your use of this Website, its content, Services or items obtained through the Website is at your own risk. The Website, its content, Services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
While we may reference certain results, outcomes or situations on this Website or Services, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your access, purchase or completion of any material or products on the Website and Services. Any results displayed on the Website or Services are not guaranteed or typical.
THIRD PARTY DISCLAIMER
We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the website or any services or items obtained through the Website. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and will not be responsible for them or any loss that may result from their use.
We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. The Website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all information on the Website and Services are completely accurate, complete, or up to date, and disclaim liability for any such errors or omissions.
ASSUMPTION OF RISK
By accessing the Website, its Services and related material, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you.
INDEMNITY AND RELEASE
LIMITATION ON LIABILITY
You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
This Agreement constitutes the final, exclusive Agreement between you and Company regarding the use and access of the Website. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the you and Company regarding the Website are expressly merged into and superseded by this Agreement.
This Website is operated by Pointy People, LLC, Colorado. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.
Limitation on Time to File Claims
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule.
BINDING ARBITRATION, venue and choice of law
Any controversy or claim arising out of or relating to this Terns of Use, or the breach thereof, including the applicability and/or enforceability of this binding arbitration provision, shall be settled exclusively by binding and non-appealable arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be three. The place of arbitration shall be Lakewood, Colorado. Colorado law shall apply. Each party shall pay its own proportionate share of arbitrator fees and the arbitration fees and expenses of the American Arbitration Association. This binding arbitration will be the Parties’ sole remedy in the event of a dispute between the Parties. The Parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.