Terms of Use

General

OnPoint Digital, Inc., (“OnPoint”) provides innovative e-learning solutions that allow organizations to deliver online courseware and assessments to their employees and customers while significantly decreasing preparation time and delivery costs. This website is designed and intended to describe and promote OnPoint’s products and services. Access to and use of this website and the information offered herein are governed by these Terms of Use (the “Agreement”). By accessing or using any pages of this website at the URL (the “Website”) you consent to be bound by the Agreement and acknowledge your agreement to its terms. If you do not agree to be bound by this Agreement, you may not use the Website or any information provided herein.

OnPoint’s Proprietary Rights

All content, graphics, code, and software used on or incorporated into this Website, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by OnPoint. OnPoint grants you permission to electronically download, copy, or print hard copies of pages from this Website solely for your personal, non-commercial purposes. You may not sell, publish, advertise, or otherwise distribute for commercial purposes any information or materials obtained from the Website. Any use of this Website or content or information contained herein other than for your own personal, non-commercial use is strictly prohibited, unless the written permission of OnPoint is obtained first.

ONPOINT, CELLCAST and the OnPoint Logo are registered trademarks of OnPoint. All related marks are trademarks and servicemarks of OnPoint. All rights in such trademarks and servicemarks are reserved.

Error Correction

Though OnPoint uses reasonable efforts to ensure otherwise, this Website may contain typographical errors or other inaccuracies and may not be complete or current. OnPoint reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time.

Links

OnPoint provides links on this Website to the websites of third party providers of software that you may find helpful in viewing some of the materials provided on this Website. OnPoint also provides some links to the third party providers of open source tools used by OnPoint to deliver its products and services. If you use these links, you leave the Website. Any such links are provided by OnPoint only as a convenience and do not imply any endorsement by OnPoint of another site or any materials, including software, found there; you click on such links at your sole risk. Moreover, a third party, not OnPoint, provides any software downloaded by you after following such links. Your download and use of such software is at your own risk. OnPoint shall have no liability for any damages caused by such third party software. Please be sure to read the privacy policy on other sites if you have any questions about their collection of your personal data.

Disclaimer of Warranties and Limitation of Liability

OnPoint provides this Website, its contents, and any and all products, services, and information described or provided herein on an “as is” basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY MATERIALS FOUND ON THIS WEBSITE IS AT YOUR SOLE RISK. ONPOINT EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH OR RECOMMENDED BY THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ONPOINT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ONPOINT OR ANY OTHER PARTIES INVOLVED IN CREATING OR MAINTAINING THIS WEBSITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF ONPOINT OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL ONPOINT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20).

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD, ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THIS WEBSITE, WHETHER THE CLAIM GIVING RISE TO SUCH LIABILITY IS RELATED TO BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.

Choice of Law, Waiver, Claims, Severability

By using this Website or accessing any information herein, you agree that the laws of the State of Georgia will govern your use of the Website. You also agree that any legal or equitable claim arising from your purchase must be brought in the city, state, or federal courts located in Chatham County, Georgia, and you consent to the exclusive jurisdiction and venue in such courts. OnPoint's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or products purchased through this Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notice

You may direct any questions concerning this Agreement or notices required by this Agreement to:

OnPoint Digital, Inc.
906 Drayton St.
Savannah, GA 31410
Fax: (912) 898-9210
Email: support@onpointlearning.com

Whole Agreement and Amendment

This Agreement constitutes the entire agreement between you and OnPoint with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. OnPoint may amend or modify this Agreement at any time by posting the new terms on its Website. This Agreement may not be otherwise amended except in a written document signed by you and OnPoint.

This agreement was last revised on January 20, 2011.