TERMS OF SERVICE ("TERMS")
Last updated: April 11, 2016
Please read these Terms of
Service (“Terms”, “Terms of Service”) carefully before using the https://getpoindexter.com
website (the “Service”) operated by Poindexter, Inc. (“us”,
“we”, or “our”).
Your access to and use of the
Service is conditioned upon your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who wish to access or use
By accessing or using the
Service you agree to be bound by these Terms. If you disagree with any part of
the terms then you do not have permission to access the Service.
By creating an Account on our
service, you agree to subscribe to newsletters, marketing or promotional
materials and other information we may send. However, you may opt out of
receiving any, or all, of these communications from us by following the
unsubscribe link or instructions provided in any email we send.
If you wish to purchase any
product or service made available through the Service (“Purchase”), you may be
asked to supply certain information relevant to your Purchase including,
without limitation, your credit card number, the expiration date of your credit
card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment
method(s) in connection with any Purchase; and that (ii) the information you
supply to us is true, correct and complete.
The service may employ the use of
third party services for the purpose of facilitating payment and the completion
of Purchases. By submitting your information, you grant us the right to provide
We reserve the right to refuse
or cancel your order at any time for reasons including but not limited to:
product or service availability, errors in the description or price of the
product or service, error in your order or other reasons.
We reserve the right to refuse
or cancel your order if fraud or an unauthorized or illegal transaction is
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating
product and service offerings on the Service. We may experience delays in
updating information on the Service and in our advertising on other web sites.
The information found on the Service may contain errors or inaccuracies and may
not be complete or current. Products or services may be mispriced, described
inaccurately, or unavailable on the Service and we cannot guarantee the
accuracy or completeness of any information found on the Service.
We therefore reserve the right
to change or update information and to correct errors, inaccuracies, or
omissions at any time without prior notice.
Our Service allows you to post,
link, store, share and otherwise make available certain information, text,
graphics, videos, or other material (“Content”). You are responsible for the
Content that you post on or through the Service, including its legality,
reliability, and appropriateness.
By posting Content on or
through the Service, You represent and warrant that: (i) the Content is yours
(you own it) and/or you have the right to use it and the right to grant us the
rights and license as provided in these Terms, and (ii) that the posting of
your Content on or through the Service does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any person
or entity. We reserve the right to terminate the account of anyone found to be
infringing on a copyright.
You retain any and all of your
rights to any Content you submit, post or display on or through the Service and
you are responsible for protecting those rights. We take no responsibility and
assume no liability for Content you or any third party posts on or through the
Service. However, by posting Content using the Service you grant us the right
and license to use, modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through the Service. You agree that this license
includes the right for us to make your Content available to other users of the
Service, who may also use your Content subject to these Terms.
Poindexter, Inc. has the right
but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on
or through this Service are the property of Poindexter, Inc. or used with
permission. You may not distribute, modify, transmit, reuse, download, repost,
copy, or use said Content, whether in whole or in part, for commercial purposes
or for personal gain, without express advance written permission from us.
When you create an account with
us, you guarantee that you are above the age of 18, and that the information
you provide us is accurate, complete, and current at all times. Inaccurate,
incomplete, or obsolete information may result in the immediate termination of
your account on the Service.
You are responsible for
maintaining the confidentiality of your account and password, including but not
limited to the restriction of access to your computer and/or account. You agree
to accept responsibility for any and all activities or actions that occur under
your account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
We reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in our
The Service and its original
content (excluding Content provided by users), features and functionality are
and will remain the exclusive property of Poindexter, Inc. and its licensors.
The Service is protected by copyright, trademark, and other laws of both the
United States and foreign countries. Our trademarks and trade dress may not be
used in connection with any product or service without the prior written
consent of Poindexter, Inc..
LINKS TO OTHER WEBSITES
Our Service may contain links
to third party web sites or services that are not owned or controlled by Poindexter, Inc..
Poindexter, Inc. has no
control over, and assumes no responsibility for the content, privacy policies,
or practices of any third party web sites or services. We do not warrant the
offerings of any of these entities/individuals or their websites.
You acknowledge and agree that
Poindexter, Inc. shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on or
through any such third party web sites or services.
We strongly advise you to read
the terms and conditions and privacy policies of any third party web sites or
services that you visit.
We may terminate or suspend
your account and bar access to the Service immediately, without prior notice or
liability, under our sole discretion, for any reason whatsoever and without
limitation, including but not limited to a breach of the Terms.
If you wish to terminate your
account, you may simply discontinue using the Service.
All provisions of the Terms
which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
You can easily cancel your
subscription at any time. There are no cancellation fees, but refunds are not
provided for pro-rated periods. If for any reason you are unsatisfied with the
service, you may request a full refund within 30 days of signing up by
sending an email to firstname.lastname@example.org
You agree to defend, indemnify
and hold harmless Poindexter, Inc. 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), resulting from or
arising out of a) your use and access of the Service, by you or any person
using your account and password; b) a breach of these Terms, or c) Content
posted on the Service.
LIMITATION OF LIABILITY
In no event shall Poindexter, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates,
be liable for any indirect, incidental, special, consequential or punitive
damages, including without limitation, loss of profits, data, use, goodwill, or
other intangible losses, resulting from (i) your access to or use of or
inability to access or use the Service; (ii) any conduct or content of any
third party on the Service; (iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence) or any other
legal theory, whether or not we have been informed of the possibility of such
damage, and even if a remedy set forth herein is found to have failed of its
Your use of the Service is at
your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
The Service is provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, non-infringement or course of performance.
Poindexter, Inc. its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or available at
any particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
Some jurisdictions do not allow
the exclusion of certain warranties or the exclusion or limitation of liability
for consequential or incidental damages, so the limitations above may not apply
These Terms shall be governed
and construed in accordance with the laws of California, United States, without
regard to its conflict of law provisions.
Our failure to enforce any
right or provision of these Terms will not be considered a waiver of those
rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service,
and supersede and replace any prior agreements we might have had between us
regarding the Service.
We reserve the right, at our
sole discretion, to modify or replace these Terms at any time. If a revision is
material we will provide at least 30 days notice prior to any new terms taking
effect. What constitutes a material change will be determined at our sole
By continuing to access or use
our Service after any revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, you are no longer
authorized to use the Service.