Terms and Conditions
1. Introduction
Welcome to Point Recon, Palaview LLC, Terms of Service ("Terms") govern your access to and use of our website and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms, our Privacy Policy, and any other agreements or policies that may apply to specific portions of the Services or offerings.
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Acceptance of Terms: By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you may not use or access our Services.
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Modifications: We reserve the right to modify or update these Terms at any time. Any changes will be effective upon posting to our website, and your continued use of the Services after such changes will constitute your acceptance of the revised Terms. We encourage you to review these Terms periodically.
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2. Definitions
For the purposes of these Terms, the following terms shall have the meanings ascribed to them:
“Company,” “we,” “us,” or “our” refers to Point Recon, Palaview LLC, including any of its subsidiaries or affiliates.
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“User,” “you,” or “your” refers to any individual or entity accessing or using the Services, whether as a visitor, client, or subscriber.
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“Services” refers to all services provided by us, including access to our website, data reports, business intelligence solutions, and any other products or services offered by the Company.
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“Content” refers to all text, graphics, data, software, and other materials made available by the Company through the Services, including but not limited to business intelligence reports, legal data insights, and other proprietary content.
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“Subscription” refers to any subscription or paid service provided by the Company, which allows clients to access tailored data reports and other deliverables as specified in the subscription agreement.
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3. Use of Services
3.1 Eligibility
The Services are intended for use by legal professionals, law firms, and other business entities that require business intelligence and legal data insights. By using our Services, you represent and warrant that you are at least 18 years old, have the legal authority to enter into these Terms, and will comply with all applicable laws and regulations.
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3.2 Permitted Uses
You are granted a limited, non-exclusive, non-transferable license to access and use the Services strictly in accordance with these Terms. The Services are provided solely for your internal business use and may not be used for any personal, unlawful, or unauthorized purpose. You agree not to:
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services without our prior written consent.
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Use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services.
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3.3 Prohibited Uses
You are expressly prohibited from using the Services to:
Engage in any unlawful activities or fraudulent acts, including but not limited to impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Upload, post, email, or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
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Attempt to gain unauthorized access to the Services, other user accounts, or computer systems or networks connected to the Services, through hacking, password mining, or any other means.
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3.4 User Responsibilities
As a user of our Services, you agree to:
Maintain the confidentiality and security of your account information, including your username and password. You are responsible for all activities that occur under your account.
Immediately notify us of any unauthorized use of your account or any other breach of security.
Ensure that all information you provide to us is accurate, current, and complete. You are solely responsible for any content you submit through the Services
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4. User Accounts and Data Delivery
4.1 No User Accounts Required
At present, our Services do not require users to create or maintain user accounts. All interactions with our Services, including the delivery of monthly data reports, are managed directly through email communications. You will receive your custom data reports via the email address you provide to us.
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4.2 Future Account Requirements
We may implement user accounts in the future to enhance the functionality and user experience of our Services. If user accounts are introduced, this section will be updated to reflect any changes to the terms related to account creation, management, and security.
You will be notified in advance of any changes that require the creation of user accounts, and you will be given instructions on how to set up and manage your account securely.
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4.3 Accuracy of Email Information
It is your responsibility to ensure that the email address you provide to us is accurate and up-to-date. We are not responsible for any issues or delays in data delivery that result from incorrect or outdated email information.
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If your email address changes, please notify us promptly to ensure continued delivery of your data reports.
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4.4 Data Security
While we do not currently require user accounts, we take data security seriously and employ industry-standard measures to protect your information. However, it is important that you safeguard the confidentiality of your email communications, as they are the primary method of delivering your data reports.
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5. Subscription and Payment Terms
5.1 Initial Setup Fee
Upon onboarding, new clients are required to pay an initial setup fee. This fee covers the costs associated with downloading and processing your data, as well as creating your account for the Services. The initial setup fee is non-refundable, even if you choose to cancel the service shortly after setup.
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5.2 Monthly Subscription Fee
Following the payment of the initial setup fee, you will be charged a monthly subscription fee. This fee grants you access to our Services, including the delivery of custom data reports and other features as outlined in your subscription agreement.
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The monthly subscription fee is billed in advance on a [specified day, e.g., the 1st of each month] and will continue to be charged on a recurring basis until you cancel the service.
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5.3 Cancellation Policy
You may cancel your subscription at any time by contacting us at [Contact Information]. Cancellation will take effect at the end of the current billing cycle, and you will not be charged for any subsequent months. However, please note that the initial setup fee is non-refundable, and no prorated refunds will be issued for partial months of service.
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Upon cancellation, access to the Services will continue until the end of the current billing period. After this period, all access to the Services will be terminated.
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5.4 Changes to Fees
We reserve the right to modify the subscription fees at any time. Any changes to the fees will be communicated to you at least [30] days in advance, giving you the opportunity to review the new fees before they take effect. If you do not agree to the new fees, you may cancel your subscription in accordance with the cancellation policy outlined above.
5.5 Payment Methods
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Subscription fees and the initial setup fee can be paid using the payment methods available at the time of purchase. By providing your payment information, you authorize us to charge the applicable fees to your chosen payment method.
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If your payment method fails or your account becomes past due, we reserve the right to suspend or terminate your access to the Services until all outstanding fees are paid in full.
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6. Intellectual Property
6.1 Ownership of Content
All content, data reports, software, text, graphics, logos, and other materials available through our Services (collectively, the "Content") are the property of Point Recon or its licensors and are protected by intellectual property laws, including copyright, trademark, and trade secret laws. The Content provided through our Services is for your internal business use only.
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6.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Content strictly in accordance with these Terms. This license is solely for the purpose of utilizing our Services as intended and does not grant you any ownership rights in the Content.
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6.3 Restrictions
You may not copy, reproduce, distribute, transmit, display, perform, create derivative works from, or otherwise exploit any of the Content, in whole or in part, without our prior written consent.
You are prohibited from reverse engineering, decompiling, or disassembling any of the software or other technology used to provide the Services, except as expressly permitted by law.
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6.4 Trademarks
All trademarks, service marks, logos, and trade names displayed on the Services (collectively, the "Trademarks") are the registered and unregistered trademarks of Point Recon or third parties. Nothing in these Terms or the Services grants you any rights to use any Trademarks without the prior written permission of Point Recon or the respective trademark owner.
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6.5 User-Provided Content
If you submit any content, feedback, suggestions, or ideas to us through the Services, you grant Point Recon a worldwide, perpetual, irrevocable, royalty-free, and transferable license to use, reproduce, distribute, modify, and display such content for any purpose. You represent and warrant that you have the necessary rights to grant this license and that your content does not infringe on the rights of any third party.
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6.6 Infringement Claims
If you believe that any content available through our Services infringes upon your intellectual property rights, please contact us immediately at [Contact Information]. We take such claims seriously and will investigate and respond to any alleged infringement in accordance with applicable laws.
7. Data Use and Privacy
7.1 Privacy Policy
Your privacy is important to us. Our Privacy Policy, which is incorporated by reference into these Terms, outlines how we collect, use, and protect your personal data. By using our Services, you agree to the collection and use of your data in accordance with our Privacy Policy. You can review our Privacy Policy here.
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7.2 Data Collection
We collect and process data that is necessary to provide our Services, including but not limited to the data you provide during the onboarding process, data obtained from publicly available sources, and data related to your interactions with our Services. This data may include business information, such as law firm names and case statistics, but does not include personal data, which is deleted promptly upon collection.
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7.3 Use of Data
The data we collect is used to generate business intelligence reports, improve our Services, and fulfill our contractual obligations to you. We may also use aggregated and anonymized data for internal analysis and research purposes. Any use of data is in strict compliance with applicable data protection laws and our Privacy Policy.
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7.4 Sharing of Data
We do not sell your data to third parties. However, we may share data with trusted service providers who assist us in operating our Services, such as payment processors (e.g., LawPay) and web hosting platforms (e.g., Wix). These providers are contractually obligated to protect your data and use it only as directed by us.
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We may also disclose your data if required to do so by law or in response to valid requests from public authorities (e.g., a court or government agency).
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7.5 User Responsibility
You are responsible for maintaining the accuracy of the data you provide to us and for safeguarding any communications related to the Services, such as email reports. Please ensure that your contact information is current and that you notify us of any changes promptly.
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7.6 Data Security
We implement industry-standard security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
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7.7 Data Retention
We retain data as long as necessary to fulfill the purposes for which it was collected, as described in our Privacy Policy. Upon termination of your subscription, your data will be securely deleted within 90 days, except where retention is required by law.
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8. Limitation of Liability
8.1 Disclaimer of Warranties
The Services, including all content, data, and reports provided through the Services, are offered on an "as-is" and "as available" basis. Point Recon makes no warranties, express or implied, regarding the accuracy, completeness, reliability, or suitability of the Services for any particular purpose. You acknowledge that the use of the Services is at your sole risk.
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8.2 Limitation of Damages
To the fullest extent permitted by applicable law, Point Reconshall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or in connection with your use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Point Recon has been advised of the possibility of such damages.
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8.3 Maximum Liability
In no event shall the total liability of Point Recon to you for all claims arising out of or relating to the use of the Services exceed the amount paid by you to Point Recon for the specific service giving rise to the claim during the twelve (12) months preceding the claim. If you have paid no fees to Point Recon, the sole and exclusive remedy for any dispute with Point Recon is to discontinue your use of the Services.
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8.4 Exceptions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, the liability of Point Recon will be limited to the fullest extent permitted by applicable law.
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8.5 Forum Selection
Any legal action or proceeding arising under or relating to these Terms or the Services shall be brought exclusively in the courts located in the State of Arkansas, and you consent to the personal jurisdiction and venue of these courts. You waive any objection to the exercise of jurisdiction over you by such courts and to the venue in such courts.
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8.6 Indemnification
User Indemnity: You agree to indemnify, defend, and hold harmless Point Recon, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Services.
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8.7 Force Majeure
No Liability for Events Beyond Control: Point Recon shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, supply shortages, pandemics, government actions, or failures of telecommunications, internet service providers, or information services. In such cases, the affected obligations will be suspended for the duration of the event of force majeure.
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8.8 Third-Party Liability
Third-Party Services: The Services may integrate with or be dependent on third-party services (such as payment processors or data providers). Point Recon is not responsible for the performance, accuracy, or reliability of third-party services, and shall not be liable for any damages or losses arising from the use of such services. Your use of third-party services is subject to the terms and conditions of the respective providers.
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8.9 Limitation on Claims
Time Limitation for Claims: Any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred. This limitation period applies to all claims, including those based on contract, tort, or any other legal theory.
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8.10 Waiver of Jury Trial
Waiver of Jury Trial: To the extent permitted by law, you and Point Recon agree to waive any right to a jury trial in connection with any disputes or claims arising out of or relating to these Terms or the Services. This waiver applies to all claims, including those based on contract, tort, or any other legal theory.
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9. Indemnification
9.1 User Indemnification
You agree to indemnify, defend, and hold harmless Point Recon, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
(a) Your use of the Services;
(b) Your violation of these Terms;
(c) Your violation of any rights of another party, including intellectual property rights;
(d) Any content or data you provide to us.
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9.2 Notification of Claims
Point Recon will promptly notify you of any claim subject to indemnification under this Section 9, and will allow you, at your expense, to control the defense and settlement of such claim. Point Recon reserves the right to participate in the defense of any claim, with its own counsel, at its own expense.
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9.3 No Settlement Without Consent
You shall not settle any claim without the prior written consent of Point Recon, which will not be unreasonably withheld. Any settlement must fully release Point Recon rom any liability without imposing any obligations or restrictions on Point Recon.
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9.4 Continued Obligations
Your obligations under this Section 9 will survive the termination of these Terms and your use of the Services.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Saline County, Arkansas.
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10.2 Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, you agree to first attempt to resolve the dispute informally by contacting us at [Contact Information]. If the dispute is not resolved within 30 days, either party may pursue formal legal action in the courts specified above.
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11. Third-Party Links
11.1 External Links
The Services may contain links to third-party websites or resources that are not owned or controlled by Point Recon. These links are provided for your convenience only, and Point Recon is not responsible for the content, privacy practices, or any other aspect of these third-party sites.
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11.2 No Endorsement
The inclusion of any third-party link does not imply endorsement, sponsorship, or recommendation by Point Recon of the third party, the website, or the information contained therein. Your use of any third-party website is at your own risk.
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12. Right to Refuse Service
12.1 Reservation of Rights
Point Recon reserves the right to refuse service, cancel subscriptions, or terminate accounts at our sole discretion. This may occur if we determine that a client’s actions are causing undue burden, legal exposure, or reputational harm to our company, or if a client repeatedly fails to comply with these Terms. We strive to work cooperatively with all clients, but we retain the right to protect our business and staff from unreasonable demands or abusive behavior.
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13. Termination
13.1 Termination by You
You may terminate your subscription and use of the Services at any time by contacting us at [Contact Information]. Upon termination, your access to the Services will cease at the end of the current billing cycle, and no further charges will be incurred. Please note that the initial setup fee is non-refundable, and no prorated refunds will be issued for partial months of service.
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13.2 Termination by Us
We reserve the right to terminate your access to the Services, without notice, if you violate these Terms, fail to pay applicable fees, or engage in behavior that we deem harmful to the company or other users. Upon termination, you must immediately cease all use of the Services.
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13.3 Effect of Termination
Upon termination, your right to access and use the Services will immediately cease. All provisions of these Terms that, by their nature, should survive termination shall continue to apply, including but not limited to provisions related to intellectual property, limitation of liability, indemnification, and governing law.
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14. Miscellaneous
14.1 Entire Agreement
These Terms, along with any other agreements or policies incorporated by reference, constitute the entire agreement between you and Point Recon regarding the use of the Services. These Terms supersede any prior agreements or understandings, whether written or oral, relating to the Services.
14.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely matches the intent of the original provision.
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14.3 Waiver
The failure of Point Recon to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Point Recon.
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15. Contact Information
15.1 Customer Support
If you have any questions about these Terms, the Services, or need assistance with your account, please contact us at:
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Email: Go@PointRecon.com
Phone: [Your Phone Number]
Mailing Address: [Your Mailing Address]