Terms & Conditions

About These Terms of Use

These terms (“Terms”) are a legal agreement between you and pointcookmalta.com (“Pointcook”) . The Terms control your use and access to Pointcook’s websites and online information (the “Sites” or “Site”). By using Pointcook’s Sites, you agree to these Terms. Pointcook may revise these Terms at any time by updating this page. You should revisit this page from time to time to determine what terms govern your use of the Site.

License Disclaimer and Use Restrictions
Nothing on any Pointcook Site gives you any license under any Pointcook or third party intellectual property rights. All intellectual property rights in this Site belong to Pointcook or other parties that licensed their material to Pointcook. Subject to these Terms, Pointcook grants you a limited, revocable, nonexclusive right to access and use the Site and the materials and information on the Site (“Pointcook Content”). This limited license is only for your personal, noncommercial use. You must keep Pointcook’s proprietary notices on any copies you make of Pointcook Content. Unauthorized use of Pointcook Content may violate copyright, trademark, privacy, communications, or other laws. You are responsible to Pointcook for your unauthorized use of Pointcook Content. This right terminates automatically if you breach any part of these Terms. Upon termination, you must immediately destroy any Pointcook Content in your possession or control. Other than as stated above, you must not:

• change, alter, copy, distribute, republish, download, display, post, or send the Pointcook Content in any form or by any means without Pointcook’s or the copyright owner’s prior written permission, unless the Site states otherwise about specific Pointcook Content;
• use the Site or Pointcook Content for any purpose that is unlawful or prohibited by these Terms;
• use the Site to solicit any activity that is illegal or may infringe upon the rights of others;
• “mirror” or “frame” any Pointcook Content on any other device without Pointcook’s written permission;
• use the Pointcook Content to benchmark any Pointcook Content against any other person’s or entity’s products, services or information; or
• use the Pointcook or Pointcook Logo or any other Pointcook trademark as a “hot” link to any part of the Site unless Pointcook approves that use in writing.

Copyright Information
Copyright law protects all Pointcook Content.

The copyright in all material provided on this site (“Site”) is held by Pointcook or its affiliates (“Pointcook”) or by the original creator of the material. Except as stated herein, none of the material may be copied. reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Pointcook or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Pointcook’s permission, “mirror” any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Privacy
Pointcook’s Privacy Statement applies to your use of the Site and is part of these Terms. Please review Pointcook’s Privacy Statement and related information about your privacy and Pointcook’s use of your information. You acknowledge and agree that you are responsible for:

• protecting any account and password information applicable to your use of the Site;
• restricting the use and access to your computer, smartphone, or other device used to access the Site; and
• any activity that occurs under your account due to your failure to protect such information.

Communicating Electronically
When you use the Site, you are communicating with Pointcook. You agree to receive electronic communications related to your use of the Site. Pointcook may communicate with you by email or by posting notices on the Site. You agree that all such communications meet any legal rule that those communications be in writing. Pointcook may provide notices to you via email or by posts on the Site, and those notices are effective on the date that Pointcook sends or posts them.

Export
All Pointcook Content is subject to the laws of the country where you reside.

Disclaimers
You agree that you take full responsibility for your use of the Site. Pointcook provides the Site and all Pointcook Content on an “as is” and “as available” basis. Specifically, Pointcook:

• makes no representation or warranty of any kind;
• disclaims all warranties, including warranties of merchantability, fitness, accuracy, non-infringement, or operation; and
• does not guarantee that the Site and Pointcook Content will be free of errors or defects.

Limitation of Liability
Pointcook is not liable under any legal theories (including negligence) for any type of damages, even if Pointcook knew of the possibility of such damages. Pointcook is not liable for loss of data or profits arising from your use or inability to use the Site or the Pointcook Content. If your use of the Pointcook Content results in the need for servicing, repairing, or correcting any products or data, you will pay for those repairs. Some jurisdictions restrict the exclusion or limitation of certain damages, so this provision may not apply to you.

Indemnification
You agree to indemnify, defend, and hold Pointcook and its agents, employees, and licensors harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Site or your violation of these Terms.

Miscellaneous

• These Terms do not create any legal relationship between you and Pointcook.
• Pointcook’s failure to enforce a right does not mean that Pointcook has waived that right.
• If a court or other tribunal finds any provision of these Terms unenforceable, Pointcook will change that provision only to the extent necessary to make it enforceable. Other terms will remain in full force and effect.
• Any interpretation of these Terms will look at fair meaning, and ambiguities must not be construed for or against any party.
• Pointcook may assign its rights under these Terms, but you may not do so.
• These Terms, together with any other terms that you agree to when using the Site, comprise the entire agreement between Pointcook and you about your use of this Site.
• Headings are for reference only.
• These Terms supersede any prior agreements with Pointcook about using this Site and its content.
• Pointcook’s direct and indirect subsidiaries are third party beneficiaries of these Terms.

Governing Law; Dispute Resolution
You agree that the laws of the Commonwealth of Massachusetts will govern any claim or dispute relating to these Terms, the Site, Pointcook Content, your access to and use of the Site, or any combination of these items (the “Dispute”), without regard to Massachusetts conflicts of laws principles. Before you or Pointcook file any lawsuit regarding a Dispute, you and Pointcook will attempt to resolve the Dispute through negotiation or through mediation using a mutually agreeable mediator. You and Pointcook will treat the existence or results of any negotiation or mediation as confidential. If the parties are unable to resolve the Dispute within thirty days of notice of the Dispute to the other party, the parties will be free to pursue all remedies available at law or equity. Notwithstanding the foregoing, either party has the right to seek a temporary restraining order, preliminary injunction, or other equitable relief from a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors.

Contact Us
Pointcook owns this Site. If you have a question about Pointcook’s collection or use of personal information, please see Pointcook’s Privacy Statement or contact info@pointcookmalta.com