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Terms of Use

Introduction

 

Thank you for visiting the On Point Holdings LLC web site titled "OnPointDevelopment.com" (the "Site"). In return for gaining access to the Site and using it, you agree to be bound by the following Agreement without limitation or qualification, so please carefully review this Agreement before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access and use the Site. On Point Holdings LLC reserves the right to change this Agreement and to make changes to any of the products, services or content described in the Site at any time without notice or liability. Any such revisions are prospectively binding on you and therefore you should periodically visit this page when you use the Site to review the then current Agreement that binds you. On Point Holdings LLC also reserves the right in its sole and unfettered discretion to deny you access to the Site at any time. On Point Holdings LLC enters into agreements with third parties from time to time to provide our customers with the opportunity to obtain special services, products or prices offered by the third party. You will not be deemed to be violating this agreement when acting in accordance with the terms and conditions of any such program. Likewise, the terms and conditions in this agreement will be considered broadened to the extent needed to permit such third parties to operate within the terms of a written agreement they have entered into with us. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement.

 

 

Intellectual property notifications

 

Unless otherwise noted, all information, articles, data, images, passwords, screens, text, user names, web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of On Point Holdings LLC: All information, products, services and software contained on or used in the Site ("Content") is Copyright 2004-2006 by On Point Holdings LLC. All rights reserved. Please assume that everything you see or read on the Site is copyrighted to, or used with permission by, On Point Holdings LLC unless otherwise noted.

 

The trademarks, logos, service marks, and trade dress (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of On Point Holdings LLC.

 

Images, objects, or places displayed on the Site are the property of, or used with permission by On Point Holdings LLC or its clients.

 

On Point Holdings LLC owns or uses by permission all software contained on the Site, including without limitation all HTML code and Active X controls. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution, or reproduction of the software, and such actions could result in severe civil and criminal penalties. On Point Holdings LLC will seek and support prosecuting violators to the maximum extent possible.

You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.

 

 

Your representations and warranties

 

By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement. You accept financial responsibility for all use of the Site under your name or account, including without limitation all uses of your account by others. You agree not to assign, transfer, or sublicense your rights pursuant to this Agreement.

 

 

Your indemnity obligation

 

You agree to indemnify, defend, and hold harmless On Point Holdings LLC and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), based on, arising out of or resulting from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement.

 

 

Limitations on your use

 

On Point Holdings LLC provides the Site solely to permit you to submit or review availability of accommodations and other services offered on the Site and to otherwise transact business with On Point Holdings LLC, and for no other purposes. The Site is for your personal, non-commercial use. You agree that you will use the Site's services only to submit your private accommodations or review accommodations submitted by others.

 

Your account information is owned by and proprietary to On Point Holdings LLC. While you may access your account information through the Site, you may not give access to your account to any person or entity other than a member of your household or a person that you directly supervise as part of your career or employment. You may not give access to your account to any third party on-line service.

 

You agree that you will not Misuse the Site. "Misuse" includes, but is not limited to, using the Site to do any of the following:

 

  • Distribute, disseminate, post, or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state, or local law or ordinance.
  • Abuse, defame, harass, stalk, threaten, or otherwise violate others' legal rights, including but not limited to rights of privacy and publicity.
  • Download or upload files that may damage the operation of another's computer, such as computer viruses, corrupt files, or similar software.
  • Download or upload files that contain materials, including but not limited to software that violate the intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to exercise such rights.
  • Misrepresent or omit the origin or source of any file you download or upload.
  • Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices.
  • Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material.
  • Engage in any commercial purpose including but not limited to:
  • Advertising or offering to sell any goods or services.
  • Conducting contests or surveys.
  • Distributing chain letters, or advertising with respect to any Ponzi scheme or pyramid scheme.
  • Advertising or offering to sell any business opportunities, direct sales opportunities, employment, independent contractor positions, multi-level marketing opportunities, or securities.
  • Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to On Point Holdings LLC or any of their affiliates.
  • Download or upload files that you know, or reasonably should know, cannot be legally distributed through the Site.
  • Upload, download, or otherwise export or re-export software from the Site: (1) to a national or resident of or into any country the U.S. has embargoed, including without limitation, Cuba, Iran, Libya, North Korea, Syria, or Yugoslavia; (2) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (3) to anyone on the U.S. Commerce Department's Table of Denial Orders.
  • Copy or create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Site.
  • Monitor or copy any Content by using any manual process, or any robot, spider, or other automatic device, without first obtaining On Point Holdings LLC ' prior written consent.
  • Act as an agent or attorney in fact for any person who is not:
  • A member of your immediate household; or
  • Your direct supervisor at your place of employment.
  • Take any action that will or could impose an unreasonable or disproportionately large load on our site infrastructure.
  • Access information about any On Point Holdings LLC member protected by site log-in and post it on any other web site, with or without that On Point Holdings LLC member's consent.
  • Utilize an On Point Holdings LLC member's password or personal identification number during log-in, unless you are:
  • The On Point Holdings LLC member to whom that password or personal identification number is assigned (the "Authorized On Point Holdings LLC member");
  • A family member of the Authorized On Point Holdings LLC Member, acting with the Authorized On Point Holdings LLC Member's permission; or
  • An employee of the Authorized On Point Holdings LLC Member's employer, acting with the Authorized On Point Holdings LLC Member's permission.
  • Engage in any other conduct that is, or that On Point Holdings LLC deems to be, in conflict with this Agreement. On Point Holdings LLC forbids such Misuses, and access of the Site for any such Misuses or other similar purposes is an unauthorized use of the Site.

 

No warranty by On Point Holdings LLC

 

The Content may contain inaccuracies and/or typographical errors. On Point Holdings LLC may alter, change or improve the Content at any time and without notice. On Point Holdings LLC makes no representations or warranties either expressed or implied as to the Content's completeness or accuracy, and makes no commitment to update the Content. On Point Holdings LLC makes no representations about the Content's suitability for any purpose.

 

YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL ON POINT HOLDINGS LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ON POINT HOLDINGS LLC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

 

On Point Holdings LLC neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. On Point Holdings LLC shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text or video from the Site. Because On Point Holdings LLC provides services and products in many parts of the world, the Site may refer to certain goods, products, and/or services that are not available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that On Point Holdings LLC offers or intends to offer those goods, products, and/or services in all locations.

 

Use of information you provide On Point Holdings LLC

 

Consistent with the On Point Holdings LLC privacy policy, we ask you to provide us with certain information when you list your private accommodation with us. You agree that when you provide such information, the information will be accurate. Under no circumstances will you provide false or misleading information. To review our privacy policy, please click on the "Privacy Policy" link at the bottom of any page.

 

For use of certain services, we may provide you with a username or password. This username and password is proprietary to and the property of On Point Holdings LLC. However, you must take precautions to insure the security of your username and password. On Point Holdings LLC assumes no responsibility for and will not be liable in the event that another person learns your username and/or password or uses your username and/or password to cause damage to you.

 

While On Point Holdings LLC takes reasonable steps to safeguard and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL ON POINT HOLDINGS LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ON POINT HOLDINGS LLC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

 

 

Links to other sites and to the Site

 

The Site may provide hyperlinks or references to other sites. While On Point Holdings LLC endeavors to provide links only to sites that are reputable and safe, we take no responsibility for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. On Point Holdings LLC provides any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites. Therefore, you assume sole responsibility for using links or pointers to third parties.

 

On Point Holdings LLC specifically denies you permission to hyperlink or provide references to the Site, unless you are allowed to do so under a separate written agreement with On Point Holdings LLC. You are also denied permission to use any trademarked or copyrighted material to provide such hyperlinks or references, unless you are allowed to do so under a separate written agreement with On Point Holdings LLC. On Point Holdings LLC bears no responsibility for sites that provide hyperlinks or references to the Site unless those sites are operated by On Point Holdings LLC.

 

Your communication with us

 

On Point Holdings LLC will not treat as confidential any communications you send to us by electronic mail or otherwise. On Point Holdings LLC has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.  This includes, but is not limited to submission of property details, pictures, descriptions, etc.  Once submitted, this information is deemed to be proprietary property of On Point Holdings LLC.

 

In the event you send us unsolicited proposals related to our business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies, then do so with the understanding that On Point Holdings LLC may use any concepts, ideas, inventions, know-how, or techniques that you disclose in those communications for any purpose, including the developing, manufacturing, and/or marketing of goods, products, or services. On Point Holdings LLC may do so free of any obligation to compensate you for that use.

 

 

Forum for actions, governing law, and procedural restrictions

 

You agree that this Agreement is made and entered into in Harris County, Texas. You agree that Texas law governs this Agreement's interpretation and/or any dispute arising from your access to, dealings with, or use of the Site, without regard to conflicts of law principles. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts of Harris County, Texas. You agree and understand that you will not bring against On Point Holdings LLC , or any of its affiliated entities, agents, directors, employees, and/or officers any class action lawsuit related to your access to, dealings with, or use of the Site.

 

 

Other terms

 

This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Of course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the Site.

 

Any failure of On Point Holdings LLC to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.