Last updated on March 1, 2020.
On Point Creativ, LLC and its affiliates, (“On Point Creativ”, “we”, “us” and “our”) is committed to guarding your privacy and the protection of your information. We actively maintain the security of our servers where your information is stored. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. This notice applies to all information collected or submitted on www.onpointcreativ.com or any other website owned, operated, licensed, or controlled by On Point Creativ, and any associated software, website, web widgets, feeds and applications for third-party websites and services, and any other mobile or web services or applications owned, controlled, or offered by On Point Creativ (collectively, the “Service”).
What is Personal Information?
Personal information is information that specifically identifies an individual, such as a name, address, telephone number, email address, or other account number, and information about that individual’s activities when directly linked to that person, such as information about his or her use of the Service. Personal information also includes demographic information, such as date of birth, gender, geographic location and preferences when such information is linked to other personal information that identifies you. Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us and our third party advertisers understand trends and our users’ needs so that we can better consider new features or otherwise tailor the Service for users like you.
Personal Information We Collect and How We Use It
We collect personal information in a number of ways when you visit the Service. For example, we collect personal information when you: (1) fill out a lead capture form on our website (2) interact on our forums or networking sites or (3) contact us by email for any reason. When you visit the Service, some information is also automatically collected, such as your computer’s or mobile device’s Internet Protocol (IP) address, your computer’s or mobile device’s operating system, the browser type, the address of a referring website, and the time and date of your visit and interactions with the Service. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Furthermore, if you make any purchases through the Service, billing and credit card information may be required. All such credit card transactions are fully encrypted and your billing and credit card information is collected and stored by us or a trusted third party. Any third party credit card vendor will be prohibited from using this information for any purpose other than storing the credit card.
Information we collect
While using our site, we may ask you to provide us with certain personal data that can be used to contact or identify you (“Personal Data”). Personal Data may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Pictures or videos you submit
While most of the information we collect is provided voluntarily by you, some of the information we collect may be collected automatically by use of a “cookie.” Cookies are small text files that reside on your computer and identify you as a unique user. Cookies allow us to, among other things, measure activity on our website and to personalize your experience with the Service. For instance, cookies may enable us to remember your viewing preferences without requiring you to re-type a user name and password. Cookies may also allow us to monitor your progress in a course or track your status when ordering products from us. If you choose, you can set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features on our Service. Please see the discussion below regarding Web Analytics for more opt-out information.
Using and Sharing of Your Information
We use the information that we collect to complete a contact or request, to provide the Service, to better understand your needs, to provide to On Point Creativ marketing, to improve our products and services, and to contact you.
We are committed to protecting your personal information, and will not disclose your personal information except as set forth herein. We may share your information with subcontractors that provide us with services. These services may include, among other things, helping us provide the On Point Creativ courses, helping to provide services that you request, helping to create or maintain our databases, helping to research and analyze the people who request services or information from us, helping to provide marketing or solicitation materials for our products or services, and/or helping to process payment card information. You may choose to submit information as part of a course or online community offered by On Point Creativ. Any information you choose to post, including personally identifiable information, may be available generally to the public, or to other members of the course or online community.
In addition, we may disclose personal information in the good faith belief that we are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of Brand Mentors, our users, our employees or the public. Information about our users, including personal information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition.
We have put into place reasonable security measures in an effort to protect personal information while it is under our control. Your account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Service by any person using your password. Please advise us immediately if you believe your password has been misused.
Control of Personal Information
We give you the opportunity to opt-out of receiving communications from us and to view, correct or remove your personal information.
If you want to view, correct or remove your personal information, some information may be accessed and changed or removed online or by contacting us at: [email protected] If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to [email protected] We will promptly take action.
Terms of Service
Acceptance of Terms of Service
This Terms of Service (“TOS”) is a legally binding agreement made by and between On Point Creativ, LLC and its affiliates, (“On Point Creativ”, “we”, “us” and “our”), and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you”, “your”, “yours”). This TOS governs your access to and use on onpointcreativ.com or any other website owned, operated, licensed, or controlled by On Point Creativ (the “website”), and any associated software, website, web widgets, feeds and applications for third-party websites and services, and any other mobile or web services or applications owned, controlled, or offered by On Point Creativ (collectively with the website, the “Service”).
ON POINT CREATIV RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE SERVICE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEBSITE.
We will post the amended TOS on this page and indicate at the top of the page the date the Agreement was last revised.
Monthly Website Plan
Monthly payments are sent via PayPal invoice and are to be paid by client immediately.
Each website will be built within approximately 30 days. Monthly invoices will be sent on the day you signed up each month for the life of the website. If for some reason your payment does not go through for any reason we will make up to 3 more attempts to collect your payment. If your payment is not resolved within 15 days of your renewal day, your website may be temporarily disabled. After 24 monthly payments, your website will be available for transfer to your own hosting account if you choose.
If you wish to move your website prior to the end of your 24th month, feel free to contact us at [email protected]
Payment Providers: We may provide paid products and/or services within the site. When we do, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their own privacy notice. The payment processors we work with adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
You must be at least 18 years old to download and use the Service, or, if you are not at least 18, you must be at least 13 years old and may download and/or use the Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, you may not visit the website or download or use the Service.
Use of the Software Generally
You must comply with all of the terms and conditions of this TOS, any policies referred to below or on the website, and all applicable laws, regulations and rules when you use the website. Subject to the terms and conditions of this TOS, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on the website in the normal course of your use of the website.
Except as expressly authorized herein, you agree to the following restrictions:
(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Service except as expressly provided in this TOS.
(b) You may not distribute, sell, resell, sublicense, rent, lease, share, or lend the Service.
(c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Service or create derivative works based on the Service.
(d) You agree that you shall only use the Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
(e) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the Service.
(f) We do not promote, recommend or condone use of the Service during other activities, such as the operation of machinery, where there is any risk of an accident. You agree not to use the Service during such activities.
On Point Creativ may make the Service accessible on certain mobile devices. Please be aware that your carrier’s normal rates and fees, such as text messaging and data fees, may apply.
By downloading and/or using the Service, you consent to receiving electronic communications and notices from On Point Creativ. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.
Copyright. All materials on the website and available through the Services, including without limitation, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by On Point Creativ or its licensors.
Trademarks. Product names, logos, designs, titles, and words or phrases used on the Service, are owned by On Point Creativ or its licensors. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of On Point Creativ or its licensors. If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the website or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission.
Your Ideas. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place On Point Creativ under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, On Point Creativ does not waive any rights to use similar or related ideas previously known to On Point Creativ, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.
Linking and Framing. You may not frame, inline link, or similarly display any On Point Creativ content or property, including, without limitation, the website.
Notice and Take Down Procedures And Copyright Agent. On Point Creativ respects the intellectual property rights of others and expects its users to do the same. On Point Creativ may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, On Point Creativ will, in its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe any materials accessible on or from the Services infringe your copyrights or trademark/service mark rights, please notify On Point Creativ at [email protected], and provide the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and email address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.
Advertising/Third Party Offers
Sensitive Data. We request that you do not send us any sensitive data such as social security or national identification numbers, information related to racial or ethnic origin, political opinions, religious beliefs, health data, biometrics or genetic, criminal background or trade union membership information. If you do send us this information, then you are consenting to its processing in accordance with this privacy notice. To avoid processing of sensitive data, do not submit it.
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
Representations and Warranties
You represent and warrant to On Point Creativ that: (i) you have the full power and authority to enter into and perform your obligations under this TOS; (ii) your assent to and performance of your obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) this TOS constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the website or the Services; and (v) you will comply with all applicable laws, rules and regulations in your use of the Services and the website, including this TOS.
Indemnification; Hold Harmless; Release
You agree to indemnify, hold harmless and release On Point Creativ, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the Service, (ii) breach of any of this Agreement, or (iii) your violation of any applicable law or the rights of any other person or entity. On Point Creativ reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Disclaimers, Exclusions, and Limitations
DISCLAIMER OF WARRANTIES. ON POINT CREATIV PROVIDES THE WEBSITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ON POINT CREATIV DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, OR (V) THAT ERRORS WILL BE CORRECTED. ON POINT CREATIV MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON- INFRINGEMENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
EXCLUSION OF DAMAGES. To the maximum extent permitted by applicable law, in no event shall On Point Creativ, its affiliates, associates, dealers, agents or suppliers be liable for any , indirect, exemplary, punitive, special, incidental or consequential damages whatsoever (including but not limited to damages arising from breach of contract, warranty, tort or strict liability for loss of profits, loss of data, loss of goodwill, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use of or inability to use the website or Services, regardless of the cause of action on which they are based, even if On Point Creativ or such other entities have been advised of the possibility of such damages.
LIMITATION OF LIABILITY. IN NO EVENT WILL THE LIABILITY OF ON POINT CREATIV IN CONNECTION WITH THIS TOS, THE WEBSITE OR SERVICES EXCEED $100.
ADDITIONAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OF RESIDENCE.
On Point Creativ has no obligation to furnish you with technical support unless separately agreed in writing between you and On Point Creativ.
The website and Services are controlled and operated from facilities in the United States. On Point Creativ makes no claims that the Software may be lawfully accessed, used or downloaded outside of the United States. Any such use of the Software and/or the Materials may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
On Point Creativ will not be liable for failing to perform under this TOS by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to On Point Creativ to perform, fire, terrorism, natural disaster or war.
Disputes; Limitations of Actions
If any dispute arises regarding this Agreement or the Service, you agree that the dispute will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts in Smith County, Texas. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the website or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Changes to the Website or Service
On Point Creativ may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the website or the Services, temporarily or permanently, at any time without notice to you, and On Point Creativ will not be liable for doing so. Without limiting the foregoing, if you do not agree with any changes made to the website you may terminate your account as set forth below.
Your rights under this Agreement will automatically terminate without notice from On Point Creativ if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and On Point Creativ may immediately restrict your access to the Service.
Effect of Termination. If your account is terminated, On Point Creativ may, in its sole discretion, delete any websites, files, graphics or other content or materials relating to your use of the website or Services on servers owned or operated for On Point Creativ or otherwise in its possession, and On Point Creativ will have no liability to you or any third party for doing so. Following termination, you will not be permitted to use the website or the Services. If your account or your access to the website or Services is terminated, On Point Creativ reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the website or the Services, including, but not limited to, technological barriers, IP mapping and direct contact with your Internet Service Provider (ISP). If your account is terminated, you must immediately pay On Point Creativ any fees that you owe it. Regardless of whether you have the right to access or use the website or the Services, this TOS will survive indefinitely unless and until Brand Mentors chooses to terminate it.
Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by On Point Creativ as set forth above.
On Point Creativ, LLC can be contacted via email at [email protected]