TERMS OF USE

Please Read Carefully Before Using This Blog: The Basis Point, Inc, a California corporation (“Content Provider”) maintains this website (referred to herein as, the “Blog,” or the “Site”) for information and communication purposes. These Terms of Use govern access to and use of the Blog. If you do not accept these Terms of Use or you do not comply with the provisions hereof, you are instructed not to access or utilize information provided by the Site. By utilizing the Site, you agree to be bound by these Terms of Use. Content Provider reserves the right to change these Terms of Use at any time without notice by posting the changes at the Site and your continued use of this Site will constitute your acceptance of the Terms of Use, as modified.  The Content Provider reserves the right to change any and all Blog content, software and other items used or contained in the Blog at any time without notice.

THE TERM “YOU” INCLUDES YOUR REPRESENTATIVES, EMPLOYEES, SUCCESSORS, ASSIGNS, AND ALL PERSONS CLAIMING BY OR THROUGH YOU.

 

Third Party Links: The Site contains links to other Internet sites and resources. Please be aware that Content Provider has no control over third-party sites or resources and is not responsible in any manner whatsoever for any content, products or services obtained from such third-party sites, and reference to any products, services, processes or other information of a third party does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Content Provider. For information about any linked site, you should read the Terms of Use posted at that site.

 

Ownership of Intellectual Property: The Site includes service marks and trademarks of Content Provider and its affiliates. The Site may also contain trademarks and service marks of third parties used by Content Provider with permission. No right or license to use any patent, copyright, trademark, service mark, trade secret or other intellectual property contained in this Site, or in any software, systems, designs or processes related to this Site, is granted to or otherwise conferred upon you as a result of your use of the Blog, and all such rights are reserved to and shall remain the exclusive property of Content Provider, its affiliates or third party licensors.

Except as required under applicable law, any information, suggestions, questions, comments or other communications or material you transmit to the Site (“User Posts”) will become the property of Content Provider and will not be treated as confidential by Content Provider. Your submission of User Posts grants Content Provider and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media and releases all rights you may have in any User Posts that you submit. Content Provider may use all User Posts without obligation to you. However, Content Provider will not release your name or otherwise publicly identify you as the source of any information unless Content Provider has received your permission or is required to do so by law. You represent and warrant that you have the right and authority to submit all User Posts that they do not infringe upon the intellectual property rights of any third party. Content Provider reserves the right, but does not assume the responsibility, to remove objectionable User Posts that we believe violates our commenting guidelines or these Terms of Use, or that is unlawful, abusive, offensive, or inappropriate. You agree to indemnify and hold Content Provider and its affiliates harmless from any claim or demand, including reasonable attorneys’ fees and costs associated therewith, made by any third party due to or arising out of any User Posts, your use of the Site, your violation of any of these Terms of Use or your violation of the rights of a third party.

 

Site Maintenance: The Blog may be temporarily unavailable from time to time for maintenance or other reasons. The Content Provider assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, technical malfunction, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Blog.

 

Social Media: Content Provider uses a variety of third-party social networking websites, including, but not limited to, Facebook, Twitter, and LinkedIn (“Social Media”) in order to communicate and interact with its users. Any content you submit on Social Media (“User Content”) is done so voluntarily. By submitting User Content, you represent and warrant that you have the right and authority to submit the User Content and that it does not infringe upon the intellectual property rights of any third party. Your submission of User Content grants Content Provider and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media and releases all rights you may have in any User Content that you submit. Content Provider reserves the right, but does not assume the responsibility, to remove objectionable User Content that we believe violates our commenting guidelines or these Terms of Use, or that is unlawful, abusive, offensive, or inappropriate.

Content Provider makes no representations or warranties regarding the accuracy, completeness, usefulness, suitability for any purpose, or reliability of any User Content or any other content contained on any of our Social Media. Content Provider expressly disclaims all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose regarding the Social Media content.

 

Disclaimer: The information contained on Blog is for informational purposes only and is not an advertisement for any service, investment, or other product. The information in the Blog constitutes the Content Provider’s own personal opinions and nothing more. None of the information contained in the Blog constitutes a recommendation that any particular product is suitable for any specific person, and nothing herein shall constitute lending or investment advice, or an offer to sell or a solicitation of an offer to buy any products. Users considering any service, investment, loan, or other product referenced on the Blog should consult with their own financial and legal advisors. You understand that the Content Provider is not advising, and will not advise you personally concerning the nature, potential, value or suitability of any particular service, loan, investment, or other product. The information provided herein is impersonal and not tailored to the needs of any specific person. Neither Content Provider, nor its affiliates, are liable for any direct, indirect, special, incidental or consequential damages that may arise from your use of the information provided on the Blog.

From time to time, the Content Provider may hold positions, be employed by or render services for companies mentioned in the Blog and may trade for their own account(s) based on the information presented. This Blog does not represent the thoughts, intentions, plans or strategies of any employer of Content Provider or any company for whom Content Provider may render services or any other similar third party, and in no way shall any such affiliate of Content Provider be liable to you whatsoever for anything related to the Blog or the information contained herein.

Content Provider may not hold all licenses required by applicable federal or state regulatory and consumer lending agencies, which fact may or may not be disclosed by the Content Provider in the Blog. Content Provider assumes no responsibility, and shall not be liable to any person or user, for any failure to obtain or disclose any license. Any use of the Site and/or the information contained within the Blog is done at user’s own risk.

 

Limitations of Liability and Damages

THIS SITE AND THE INFORMATION PRESENTED AT THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THIS SITE AND THE INFORMATION DISPLAYED AT AND OBTAINED THROUGH USE OF THE SITE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND. CONTENT PROVIDER HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO (i) ANY WARRANTIES AS TO THE AVAILABILITY, CONTENT, ACCURACY, QUALITY, RELIABILITY OR COMPLETENESS OF THE SITE, ANY DATA, INFORMATION, SERVICE OR PRODUCT PROVIDED, OBTAINED OR GENERATED BY OR THROUGH THE SITE, AND (ii) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONTENT PROVIDER DOES NOT WARRANT OR REPRESENT THAT THE SITE WILL PERFORM WITHOUT INTERRUPTION OR ERROR, OR THAT ALL IRREGULARITIES, ERRORS, PROBLEMS OR DEFECTS WILL BE DETECTED OR CORRECTED, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, STRICT LIABILITY, WARRANTY OR OTHERWISE, WILL CONTENT PROVIDER BE LIABLE TO YOU OR OTHERS FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS, LOSS OF GOODWILL, LOSS OF SAVINGS, LOSS OF USE, INTERRUPTIONS OF BUSINESS OR CLAIMS OF OTHERS ALLEGED AS A RESULT OF YOUR USE OF, OR INABILITY TO USE, THIS SITE, EVEN IF CONTENT PROVIDER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. IN NO EVENT SHALL THE TOTAL LIABILITY OF CONTENT PROVIDER TO YOU FOR ALL DAMAGES, LOSSES AND CLAIMS EXCEED THE AMOUNT PAID BY YOU TO CONTENT PROVIDER, IF ANY, FOR ACCESSING THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

General Provisions

Neither these Terms of Use nor your use of this Site will create any agency, partnership, joint venture or other relationship between Content Provider and you. These Terms of Use constitute the entire agreement between Content Provider and you pertaining to your use of this Site, and supersede any and all prior agreements, offers, proposals, representations and understandings between Content Provider and you relating to this Site. Failure by Content Provider to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. These Terms of Use and the relationship between you and Content Provider will be governed by the laws of the State of California without regard to its conflict of law provisions.  You agree to submit to the personal jurisdiction of a state court located in San Francisco County, California or the United States District Court for the Northern District of California. If any of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, it is agreed that the court should attempt to give effect to the intentions expressed by these Terms of Use and the remaining Terms of Use shall not be affected by such determination and shall be enforced to the fullest extent permitted by law. You agree that notwithstanding any law to the contrary, any claim relating to these Terms of Use or this Site must be commenced within one year of the circumstance or event giving rise to such claim or forever be barred. These Terms of Use shall survive the termination of your use of this Site, regardless of the reason for termination.

 

 

Privacy Policy

The Basis Point, Inc. (“us,” “we,” or “Company”) is committed to respecting the privacy rights of its customers, visitors, and other users of www.thebasispoint.com (“the Site”).

This Privacy Policy is only applicable to the Site, and not to any other third party websites or links that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

You acknowledge that this Privacy Policy is also a part of our Terms of Use, and by accessing or using our site, you agree to be bound by all of its terms and conditions. If at any time you find these terms and conditions unacceptable, you must immediately leave the Site and cease all use of the Site.

 

Types of Information Collected

We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively “Traffic Information”). Traffic Information is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, .

 

Collection and Use of Personal Information

 In order for you to access certain services and to purchase products that we offer via the Site, we may require you to provide us with certain information that personally identifies you (“Personal Information”). We do not collect any Personal Information about you unless you voluntarily provide it to us.

Personal Information includes the following categories of information: (1) Contact Information (such as your name, mailing address, and e-mail address); (2) Financial Information (such as your credit card information); and 3) Demographic Information (such as your zip code, age, and income). If you communicate with us by e-mail, post messages to any of our blogs, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.

We may use your Contact Information to send you information about our company or our products or services, or promotional material from some of our partners, or to facilitate the renewal of your subscription, or to improve our Site, or to contact you when necessary. We may use your Demographic Information to customize and tailor your experience on the Site; displaying content that we think you might be interested in and according to your preferences.

We may also use Contact Information for lead generation purpose by sending you information about products or services, or promotional material of other third party companies. We only collect but will not use your Financial Information for any purpose. Our third party business partner will use your Financial Information to process your credit card payment.

By voluntarily registering and agreeing to (checked box opting into receiving marketing during registration) you are giving us your express consent to share your Personal Information with third parties in the ways described in this Privacy Policy.

We may share Demographic Information with advertisers and other third parties.

We may also share Contact Information with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site.

When you provide us with your Financial Information, it will immediately be transferred to and stored with our third party payment-processing partner (i.e. Paypal). We will not retain any of your Financial Information in our database.

You acknowledge that once your Personal Information is shared with or transferred to third parties as provided herein, the use of your Personally Information will then be governed by the privacy policies of those third parties and is not subject to our control. If contacted by those third parties, you should directly inquire them about the use of your Personal Information by them.

You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however you will not be able to access and use those portions of the Site that require your Personal Information.

 

Confidentiality of Security of Personal Information

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Use. Your Personal Information is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser.

We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may log onto your account or contact us to update your Personal Information.

 You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.

 

Public Information

The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We may also make forums, blogs, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other third-party companies which place advertising on our site may collect information about you when you view or click on their advertising through the use of their cookies or other tracking technologies, which may include delivering targeted advertisements and marketing messages based upon the third party websites that you visit, or other purposes. We cannot control this collection of information and are not responsible for the privacy policies and data collection, use and disclosure practices of these third party advertisers. You should contact these third party advertisers directly if you have any questions about their use of the information that they collect from you.

 

Site Not Directed At Children

In compliance with Children’s Online Privacy Protection Act (“COPPA”), this Site is not directed at children under the age of 13 and we do not intend to collect any Personal Information, such as name, home address, e-mail address, telephone number, or social security number, from children under the age of 13. If you are under the age of 13, please do not provide us with your Personal Information. If you have any reason to believe that a child under the age of 13 has provided us with his or her Personal Information, please contact us immediately for removal of that information from our databases.

 

Updates to Changes and Privacy Policy

We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us.