User Terms of Service
By signing up for or using the Social Point of View services or any of the services of Social Point of View Inc. or its affiliates (“Social Point of View”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Social Point of View under the Terms of Service include various products and services. Any such services offered by Social Point of View are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.SocialPointofView.com Social Point of View reserves the right to update and change the Terms of Service by posting updates and changes to the Social Point of View website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all the terms and conditions contained in this Terms of Service agreement.
Which means Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Social Point of View or any Social Point of View services, you are agreeing to these terms. Be sure to occasionally check back for updates.
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a Social Point of View account (“Account”) by providing your full legal name, phone number, a valid email address, and any other information indicated as required. Social Point of View may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that Social Point of View will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. Social Point of View cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Social Point of View will result in an immediate termination of your services.
Which means you are responsible for your Account. Remember that with any violation of terms we will cancel your service. If we need to reach you, we will send you an email.
Account Activation – Social Point of View User Account
The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
Upon registration a domain name through Social Point of View, will be assigned to you; socialpointofview.com/_______. You can decide what suffix to use, this “link” is for you to use should you wish to share Social Point of View’s website with a third party
Which means the person signing up for the Social Point of View Service is responsible for the account and is bound by these Terms of Service. The person whether Promoter or User gets a personalized web address should they wish to recommend Social Point of View to somebody else.
Technical support is provided via email and Social Point of View’s social media accounts.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Arizona, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Arizona with respect to any dispute or claim arising out of or in connection with the Terms of Service.
You acknowledge and agree that Social Point of View may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Social Point of View’s website, available at socialpointofview.com and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Social Point of View’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Social Point of View service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Arizona. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Social Point of View.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Social Point of View or Social Point of View trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to [email protected].
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Social Point of View’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.socialpointofview.com will prevail.
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Social Point of View shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Social Point of View’s prior written consent, to be given or withheld in Social Point of View’s sole discretion.
Which means the social Point of View service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If a dispute arises the issue will be dealt with in the State of Arizona.
Social Point of View Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Social Point of View customer, Social Point of View employee, member, or officer will result in immediate Account termination.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Social Point of View retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Social Point of View reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Which means we can modify, cancel or refuse the service at anytime. In the event of an ownership dispute over a Social Point of View account, we can freeze the account or transfer it to the rightful owner.
Limitation of Liability
You expressly understand and agree that Social Point of View shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall Social Point of View or our suppliers be liable for damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Social Point of View partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Social Point of View does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Social Point of View does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Social Point of View does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Which means we are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties.
Waiver and Complete Agreement
The failure of Social Point of View to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Social Point of View and govern your use of the Service, superseding any prior agreements between you and Social Point of View (including, but not limited to, any prior versions of the Terms of Service).
Which means if social Point of View chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Social Point of View don’t apply if they conflict with these terms.
We will not disclose your confidential information to third parties (“Your Confidential Information”), Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Which means we will keep your information safe.
Payment of Charges
You will pay the Charges applicable to the services you receive from Social Point of View, including tuition, exam and certification, one-on-one mentoring, monthly subscription to daily support and other services.
You must keep a valid credit card on file with us to pay for all incurred and recurring Charges. Social Point of View will charge applicable Charges to the credit card account that you authorize (“Authorized Card”), and Social Point of View will continue to charge the Authorized Card (or any replacement card) for applicable Charges until the Services are terminated, and any and all outstanding Charges have been paid in full. Unless otherwise indicated, all Charges and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Subscription Charges are paid in advance and will be billed in monthly intervals (each such date, a “Billing Date”). Transaction Charges and Additional Charges will be charged from time to time at Social Point of View’s discretion.
If we are not able to process payment of Charges using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Charges, plus the Charges applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Charges remain unpaid for 60 days following the date of suspension, Social Point of View reserves the right to terminate your Account.
All Charges are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, Charges or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Social Point of View’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Charges for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Social Point of View of your exemption. If you are not charged Taxes by Social Point of View, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
Social Point of View does not sell any tangible products, there is nothing for a purchaser to return. Charges are made for services provided such as tuition, certification and one-on-one mentorship coaching, and a modest monthly subscription. Because there isn’t anything for the purchaser to return, Social Point of View does not pay refunds.
Which means a valid credit card. You will be billed for your elected services and where appropriate Subscription Charges every month. Any Transaction Charges or Additional Charges will be charged to your credit card. If we are not able to process payment of Charges using your credit card, we will try your credit card again 3 days following the initial failed attempt. If we are unable to process payment of Charges on the second attempt, we will attempt to process payment of Charges on your credit card a third and final time 3 days following the second attempt. If payment of Charges is unsuccessful after three attempts, Social Point of View may freeze your store. You may be required to remit Taxes to Social Point of View or to self-remit to your local taxing authority. No refunds.
Cancellation and Termination
You may cancel your Account at any time by clicking the “cancel” button in your User Account or by emailing [email protected].
Upon termination of the Services by either party for any reason:
Social Point of View will cease providing you with the Services and you will no longer be able to access your Account or will cease when the period of service you have paid for expires;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Charges, pro rata or otherwise;
any outstanding balance owed to Social Point of View for your use of the Services through the effective date of such termination will immediately become due and payable in full.
If at the date of termination of the Service, there are any outstanding Charges owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Social Point of View Service or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Social Point of View may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Which means to initiate a cancellation, click the button on the website or email [email protected]. Social Point of View will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, services and subscriptions purchased through Social Point of View will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have service until it expires. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
Modifications to the Service and Prices
Prices for using the Services are subject to change from Social Point of View.
Social Point of View reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
Social Point of View shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Which means we may change or discontinue the service at anytime, without liability.
From time to time, Social Point of View may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Social Point of View will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Social Point of View Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Social Point of View’s prior written consent. Social Point of View makes no representations or warranties that the Beta Services will function. Social Point of View may discontinue the Beta Services at any time in its sole discretion. Social Point of View will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Social Point of View may change or not release a final or commercial version of a Beta Service in our sole discretion.
Which means as we look to improve our services and beta test functions and processes, we might ask you to help us.
Feedback and Reviews
Social Point of View welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third-Party Provider (collectively, “Feedback”) to Social Point of View be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Social Point of View (whether submitted directly to Social Point of View or posted on any Social Point of View hosted forum or page), you waive any and all rights in the Feedback and that Social Point of View is free to implement and use the Feedback if desired, as provided by you or as modified by Social Point of View, without obtaining permission or license from you or from any third party. Social Point of View reserves the right (but not the obligation) to remove or edit Feedback of Third-Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
Social Point of View supports the protection of intellectual property and asks Social Point of View users to do the same. It’s our policy to respond to all notices of alleged copyright infringement.
Which means social Point of View respects intellectual property rights and you should too.
During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our program and practices (“Social Point of View Confidential Information”). You agree that: (a) Social Point of View Confidential Information will remain Social Point of View’s exclusive property; (b) you will use Social Point of View Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose Social Point of View Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the Social Point of View Confidential Information as those contained in these Terms of Service; and (d) you will take all reasonable measures to protect the Social Point of View Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.
Which means if you receive Social Point of View Confidential Information you are required to protect it.
2. End User License Agreement (EULA) For Social Point of View LLC
PLEASE READ THE AGREEMENT CAREFULLY.
BY LOGGING INTO THE SPOV SOCIAL MEDIA SYSTEM OR ACCESSING ANY SPOV CONTENT, YOU ACKNOWLEDGE AND ACCEPT ALL TERMS AND CONDITIONS OF THE LICENSING AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CONTACT SPOV IMMEDIATELY AT [email protected]. WITHIN 48 HOURS OF ACTIVATION FOR A FULL REFUND IN ACCORDANCE WITH OUR REFUND POLICY. AFTER 48 HOURS YOU WILL BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT.
SPOV PURCHASES WILL BE ONE-TIME CHARGE OR AUTOMATICALLY RENEW EACH BILLING PERIOD, i.e. MONTHLY OR ANNUALLY. THE MONTHLY OPTION WILL RENEW FOR ONE MONTH PERIOD.
SPOV REFUND POLICY:
YOU CAN CANCEL YOUR PURCHASES AT ANYTIME. PLEASE NOTE THAT YOU MUST CANCEL YOUR PURCHASES BEFORE IT RENEWS FOR A SUBSEQUENT MONTH IN ORDER TO AVOID BEING CHARGED FOR THE NEXT MONTH’S PURCHASES FEE. IF YOU CANCEL YOUR PURCHASES, THE CANCELLATION WILL BECOME EFFECTIVE AT THE END OF THE THEN-CURRENT MONTHLY PURCHASES PERIOD.
REFUNDS WILL NOT BE PROVIDED FOR ANY PURCHASES. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR PURCHASESS THAT ARE CANCELLED MID-MONTH OR AFTER SERVICE IS DELIVERED. In such a circumstance, you will continue to have access to your PURCHASES until the end of the billing cycle. SPOV reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another. Refunds requested and approved will incur a four-dollar $4 administrative fee.
II. GRANT OF LICENSE
Subject to the terms and conditions of this agreement, SPOV hereby grants you, the user (“user”), a non-exclusive license to use the SPOV Social Media System. SPOV retains all other rights, title, and interest in the SPOV Social Media System. All rights not granted to user under this agreement, including federal and international intellectual property rights, are hereby reserved by and to SPOV.
Unless otherwise expressly agreed in writing by SPOV, user is the only authorized user to access and login to the SPOV Social Media System the user has purchased. The SPOV Social Media System may not otherwise be shared or used concurrently on multiple computers.
User grants SPOV and its agents the right to audit user’s use of SPOV Social Media System at any time upon reasonable notice.
III. REPRODUCTION AND MODIFICATION
User may not copy or download the videos within SPOV Social Media System under any circumstances. User may download other types of media assets such as PDF’s or Excel files as allowed by SPOV Social Media System functionality. Except as expressly provided in writing by SPOV, User may not modify, update, customize, or reverse-engineer the SPOV Social Media System or any associated documentation in any manner or for any purpose.
SPOV Social Media System may not be integrated with other programs or hardware devices, nor may User create any derivative works based on SPOV Social Media System, including any product or application having functionality similar to SPOV Social Media System.
IV. ASSIGNMENT AND TRANSFER
User may not sell, distribute, loan, sublicense, or rent SPOV Social Media System to a third party, nor may User transfer or assign any of User’s rights under this Agreement to a third party.
V. TERM OF LICENSE
The license is effective upon User’s acceptance of the Agreement, or upon User’s use of SPOV Social Media System, even if User has not expressly accepted this Agreement. The license is thereafter effective until terminated or revoked.
SPOV may terminate this Agreement at any time without notice if User does not adhere to each and every provision of the Agreement. User may terminate this license at any time by providing SPOV with written notification of User’s termination of the license.
Upon termination of the license under any circumstances, User agrees to immediately cease use SPOV Social Media System. User further agrees to provide SPOV with written verification that User’s use of SPOV Social Media System has ceased.
SPOV provides SPOV Social Media System “as-is” without warranty as to its performance or results of its use. SPOV hereby disclaims all warranties, express or implied, to the extent authorized by law. User hereby assumes responsibility for use of SPOV Social Media System and any effects resulting from such use including those due to the quality and/or performance of SPOV Social Media System.
The provisions of this section shall survive the termination of the Agreement, but shall not imply any further rights, including continued use of SPOV Social Media System.
Under this Agreement, User’s sole remedy is to cease use of SPOV Social Media System and immediately contact SPOV. SPOV will use reasonable efforts to provide User with a version update or technical advice within reason, or at the sole discretion of SPOV, refund User’s purchase price for the purchased SPOV Social Media System.
SPOV shall bear no responsibility for any harm, actual or perceived, resulting from any use of SPOV Social Media System.
User agrees to hold SPOV and its agents, officers, and employees harmless from any and all liabilities, expenses, damages, and other claims arising from use of SPOV Social Media System by the User or any third party.
Any part of this Agreement found to be void and unenforceable shall not affect the validity of the remaining terms in the Agreement.
This Agreement shall be governed by the laws of the State of Arizona. This agreement will not be governed by the conflict of law rules of any jurisdiction. User hereby consents to the exclusive jurisdiction and venue of the federal or state courts sitting in Arizona to resolve any disputes arising under this agreement.
The SPOV Social Media System curriculum and instructional content remains the sole property of and is copyrighted by Jim Lupkin – all rights reserved.
This Agreement constitutes the full and complete agreement between User and SPOV and shall supersede all prior agreements, whether oral or written. This Agreement may only be modified by a signed writing from an authorized agent of SPOV.
The Social Point of View, LLC. (SPOV) is known as the “Company”. If the User is granted access to SPOV Social Media System through any scholarship program offered by the Company, the User agrees that scholarship requirements have been reviewed and satisfied by the User. The Company reserves the right to request authenticating documentation from the User at any time to confirm any and all information provided by the User related to the scholarship requirements. If the User fails to provide any and all authenticating documentation requested by the Company, or if the provided authenticating documentation fails to confirm that the User meets all the specified requirements, the Company reserves the right to terminate the User’s access to without notice.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.