Terms of Service

Last Updated: November 30, 2016

  • Statement of Rights and Responsibilities
    This brief Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our (Pointii Inc., Pointii, Pointii.com) terms of service that governs our relationship with clients and users who interact with Pointii, as well as Pointii brands, company partners, products and services. By using or accessing the Pointii Services, clients and users agree to this Statement, as updated from time to time. Additionally, clients and users will find resources at the end of this document that help you understand how Pointii works. “You” refers to both the “Client” and “User”.
  • Scope
    The Service includes a browser interface and data encryption, transmission, access, and storage. User's registration for, or use of, the Service shall constitute an acceptance to abide by this Agreement including any materials incorporated by reference herein. Client and Users are responsible for their own Internet connection, communications and computer costs.
  • Service Fees
    All features of the Service are fee-based and may require a fee for access or use. Such fees are subject to the provisions of this Section.
  • Charges and Payments
    Client will pay all fees or charges to its account in accordance with the billing terms in effect at the time a fee or charge is due and payable. Service fees are non-refundable whether or not Client actively uses the Service. Pointii reserves the right to change the fees, applicable charges and usage policies and to introduce new charges at any time, upon at least sixty (60) days prior notice to Client; provided, however that such fees shall not become effective for Client for services then in effect on Client's account until the next renewal period for Client's account.

    Billing and Renewal. Pointii charges in advance for use of the Services. Pointii will notify Client of the opportunity to renew the Service approximately thirty (30) days or more prior to the subscription expiration date. Service fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Client shall be responsible for payment of all such taxes, levies, or duties as may be applicable to the Service fees (exclusive of any taxes or similar fees that may be imposed on the net income of Pointii).

    Billing Information. Client agrees to provide Pointii with complete and accurate billing and contact information. This information includes legal name, street address, e-mail address, and name and telephone number of an authorized billing contact. Client agrees to update this information within thirty (30) days of any change to it.

    Non-Payment and Suspension of Service. Client's account will be considered delinquent if payment in full is not received within sixty (60) days of the date of an invoice. Naviance reserves the right to suspend or terminate this Agreement and Client's and Client's Users' access to the Service if Client's account becomes delinquent. Delinquent invoices are subject to an interest of 5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Client will continue to be charged during any period of suspension. If Client or Pointii initiates termination of this Agreement, Client will be obligated to pay the balance due on the account. Client agrees that Pointii may charge such unpaid fees to Client's credit card, if applicable, or otherwise bill Client for such unpaid fees. Pointii also reserves the right to impose a separate reconnection fee should Client thereafter again request access to the Service.

    Pointii’s mission is to make it easier for any student to connect with any professional regardless of their location or career interest. However, Pointii is not responsible, by any means, for the student or company, after both entities are connected via Pointii for career experience opportunities. Additionally, students understand that if under the age of 18, it is their sole responsibility to inform their parent(s) and/or guardian(s) of the career experience opportunity they’ve chosen to take on. If Group Administrators apply for Experiential Tours, it is of their responsibility to monitor students and notify parents.
    • Terms of Service Intro
      These Terms of Service (“Terms“) govern client and user use of the paid services, software and websites (the “Service”) provided by Pointii, Inc. (“Pointii”). Our Privacy Policy explains the way we collect and use your information and our Acceptable Use Policy outlines our expectations with respect to your behavior when using the Service. By using the Service you agree to be bound by these Terms, our Privacy Policy and our Acceptable Use Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.
    • Your Content
      The Service allows for students (user) to create a profile, develop career readiness skills, assess career readiness skills, and complete a career experience application. The Service allows for educators (client) to track student data via an Administrator Dashboard. Users retain ownership of their Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service.

      We reserve the right to remove Content on the Service that violates our Acceptable Use Policy or these Terms or that we otherwise reasonably believe may create liability for Pointii.
    • Your Obligations
      • You must provide accurate information when you create your Pointii account.
      • You are responsible for safeguarding the password and for all activities that occur under your account. You should notify Pointii immediately if you become aware of any breach of security or unauthorized use of your account.
      • You must comply with our Acceptable Use Policy at all times when using the Service.
      • Students may never use another user’s account without permission. Administrators have access to Student accounts, but are not able to edit their information.
      • You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
      • Our Service is not intended for use by persons under the age of 13. By using the Service you are representing to us that you are over the age of 13.
    • Educator Access to Your Content
      When students sign up for our Service, they associate one or more email addresses with their account. If they use an email address provided to them by a third party entity of which they are a part (such as yourname@youremployer.com or yourname@nonprofit.org) (each an “Entity” they hereby grant that Entity and its administrator(s) permission to access, restrict and/or remove Content that you have associated with the email address that includes their domain. Students acknowledge and understand that an Entity may elect to utilize one or more third party applications in connection with their groups’ use of the Service and that, by associating Content with an email address that includes an Entity’s domain, they are granting permission to have such Content shared with such third party application(s). They also acknowledge and understand that an Entity may restrict or terminate their access to Content associated with the email address that includes their domain. Please remember that students’ group and its personnel can view their profiles at any time to better assist them.
    • Security
      We will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.


Term and Termination

  • Term of Service
    This Agreement commences on the date Client access to the Service is first enabled ("Effective Date") and shall continue for an initial term of one year or longer subject to mutual agreement by the Parties, which may be renewed by mutual agreement, unless terminated sooner pursuant to this Agreement. In the event the term is longer than one year as agreed upon and stipulated on the order form and the client desires to cancel this agreement before the end of that term, Client shall remain responsible for 100% of the amount of this agreement.
  • Termination for Cause
    Any breach of payment obligations or unauthorized use of the Service by Client or User will be deemed a material breach of this Agreement. Pointii, in its sole discretion, may terminate Client's and Users' passwords, account or use of the Service if Client or User breaches or otherwise fails to comply with this Agreement.
  • Data Retention
    Client agrees and acknowledges that Pointii has no obligation to retain Client Data, and may delete Client Data, more than thirty (30) days after termination. Upon termination of this Agreement, or at the discretion of Client, Client may request in writing that Client Data be deleted, and Pointii shall comply with such written request within thirty (30) days after termination. Pointii has no obligation to retain Client Data if Client or User has materially breached this Agreement and such breach has not been cured within thirty (30) days of notice of such breach. Pointii has no obligation to retain Client Data if the account is delinquent, and such Client Data may be irretrievably deleted. Prior to deletion, Pointii may charge a reasonable fee, for which payment shall be made in advance, to transfer Client Data to Client in a reasonable manner.
    • Pointii’s Intellectual Property Rights
      The Service (excluding Content provided by users) constitutes Pointii’s intellectual property and will remain the exclusive property of Pointii and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
    • Copyright
      Pointii respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law.
    • Modifications to the Service
      The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.
    • Indemnification
      You agree to defend, indemnify and hold harmless Pointii and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.
  • Internet Delays.
    THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. POINTII IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
    • No Warranty
      THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POINTII IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE (E.G., ANY THIRD PARTY APPLICATION DEVELOPED USING POINTII’S API).

      The Service is controlled, operated and hosted from within the U.S. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
    • Limitation of Liability
      TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POINTII, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT POINTII HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    • Dispute Resolution
      *Informal Efforts - *You agree that prior to filing any claim against Pointii relating to or arising out of these Terms you will first contact us at dispute-notice@pointii.com to provide us with an effort to resolve the issue in an informal manner.

      Arbitration - If such dispute is not resolved to our mutual satisfaction within 30 days of submission, then either party may bring a formal claim, which claim shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”).
    • Indemnification
      You agree to defend, indemnify and hold harmless Pointii and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.
    • Governing Law
      These Terms will be governed by the laws of all 50 States of the United States, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If Client uses the Service from outside the United States, Client is solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the content contrary to United States law is prohibited.
    • Data Transfer
      In connection with providing you the Service Pointii may transfer, store and process your Content in the U.S. or in any other country in which Pointii or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.
    • Entire Agreement; Severability; Waiver
      These Terms constitute the entire agreement between you and Pointii concerning the Service replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. Pointii’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.
    • Assignment
      These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
    • Notices
      We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email.
    • For questions about these or any Pointii terms or policies, email us at pointii_rep@pointii.com.