End User License Agreement, User Terms of Service, Privacy Policy, Promoter Terms of Service

Last updated on April 29th, 2019

End User License Agreement (EULA) For Social Point of View LLC

INTRODUCTION

THIS LICENSE AGREEMENT (the “AGREEMENT”) IS A LEGAL CONTRACT BETWEEN YOU AND Social Point of View LLC. (“SPOV”) AND PROVIDES THE TERMS OF USE FOR THE SPOV SOCIAL MEDIA SYSTEM.

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.  THE LICENSING AGREEMENT IS AVAILABLE FOR VIEWING AT www.socialpointofview.com. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CONTACT SPOV IMMEDIATELY AT support@socialpointofview.com. 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. TO CANCEL YOUR PURCHASE, PLEASE CANCEL BY VISITING THE “MY PROFILE” SECTION OF YOUR USER ACCOUNT AND THEN CLICK CANCEL NEXT TO SPOV PURCHASE YOU WISH TO CANCEL. ONCE CANCELLED, SPOV WILL NOT CHARGE YOUR NEXT BILLING PERIOD.

SPOV REFUND POLICY:

CANCELLATION

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.

NO REFUNDS

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.

VI. WARRANTY

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.

VII. REMEDIES

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.

VIII. INDEMNIFICATION

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.

IX. GENERAL

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.

X. SCHOLARSHIPS

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.

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.

Account Terms

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.

General Conditions

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 support@socialpointofview.com.

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.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by Social Point of View, is governed by its privacy policy at https://www.socialpointofview.com

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.

Confidential Information

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 support@SocialPointofView.com.

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 support@SocialPointofView.com. 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.

Beta Services

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.

Copyright Infringement

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.

Confidential Information

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.

Privacy & Data Protection

Social Point of View is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Social Point of View’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Which means Social Point of View’s use and collection of personal information is governed by our Privacy Policy.

Website and Promoter Suite Privacy Policy

By logging into a “personalized website,” of a promoter for Social Point of View LLC, the promoter suite of a Social Point of View promoter, or the corporate website of Social Point of View LLC (referred to herein as “Social Point of View”, “our”, “us” or “we”). The site is operated by Social Point of View and is hosted on Social Point of View’s server / the server of Social Point of View’s third-party technology provider. The information you submit on this site is sent to / accessed by Social Point of View and not the independent promoter to whom this site is assigned (except as set forth in this privacy policy). By visiting this site and providing information to Social Point of View you consent to the following privacy policy, use and disclosure of information.

Information Collection

Personal Identifiable Information

Through your use of or visits to our websites, you may be required or requested to provide personally identifiable information to us. Personally, identifiable information is any piece of information that can potentially be used to uniquely identify, contact, or locate a single person including names, addresses, email addresses, telephone numbers, social security and tax identification numbers, and credit card or banking information.

Promoter and User Information

In order to become a promoter or user, you must provide biographical and contact information (such as name, mailing address, telephone numbers, and email address) to us. Promoter applicants must also provide personal information such as an applicant’s social security number or federal tax id number so that we may prepare and file necessary non-employee compensation forms for the IRS. Promoters and users are also required to provide payment information (such as credit card, debit card, or checking account information). We use this information to maintain contact with promoters and users, to process promoter and user orders, and for billing purposes.

Information Use & Sharing

Personally Identifiable Information

Social Point of View DOES NOT share personally identifiable information except with contracted service providers as may be necessary to: (a) process orders and/or returns and obtain payment; (b) complete an enrollment as a promoter and user; (c) maintain our database; (d) issue payment and report income to taxing authorities; and (e) maintain communication with you. We also provide personally identifiable information: (a) to promoter(s) as described in the report section; and/or (b) to list the promoter on the company’s promoter locator feature on the company’s website; (c) to assign a sales lead to the promoter; (d) to governmental agencies as required pursuant to law; and/or (e) to a successor to Social Point of View’s business. A ‘Successor” is any individual or entity that acquires the assets of Social Point of View, or a controlling interest in Social Point of View’s stock or other ownership interest, or a trustee appointed to operate Social Point of View’s business.

Report Information

Social Point of View provides certain information to promoters regarding users enrolled in a promoter’s organization. If you enroll as a user with Social Point of View, your name, email address, telephone number, and sales volume information will be provided to other promoters as information. No other personally identifiable information will be shared with other promoters. Information relating to promoters is made available to Social Point of View promoter subject to a confidentiality and non-solicitation covenant in the agreement that each promoter enters into with Social Point of View. However, Social Point of View does not warrant that other promoters will adhere to the confidentiality and non-solicitation covenants, and Social Point of View shall not be responsible for promoters’ violation of these covenants.

Aggregate Information (non-personally identifiable)

Social Point of View may share aggregated demographic information with our partners, vendors, suppliers, third party providers, and advertisers. This is not linked to any personally identifiable information.

Business Transitions

In the event Social Point of View goes through a business transition, such as being acquired by another company, or selling all or part of its assets, the personal information of promoter and users will, in most instances, be part of the assets transferred. In such a case your personally identifiable information will be subject to the privacy policy of the entity that acquires Social Point of View.

Lead Assignment

Social Point of View occasionally will assign prospective sales leads to promoters. In these cases, we will provide the lead with the appropriate promoter’s name and contact information and/or provide a promoter with the prospective lead’s name and contact information.

Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures

Social Point of View will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, civil or criminal investigative demands, administrative and regulatory demands and other legal obligations. In order for Social Point of View to conduct business in certain jurisdictions, Social Point of View may be called upon to disclose certain personally identifiable and confidential information to regulatory authorities in those jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information. We will provide such information, as we deem necessary.

Communication From Us

Special Offers and Updates

All promoters and users will occasionally receive information on the Social Point of View business, products, services, special deals, and a newsletter.

Service Announcements

On rare occasions, it is necessary to send out a strictly service-related announcement. For instance, if our service is temporarily suspended for maintenance, we might send promoters and/or users an email.

Promoter and User Service

Social Point of View communicates with promoters and users via social media, email, regular mail and telephone on a regular basis to provide requested services and in regard to issues relating to their Social Point of View business. Social Point of View communicates with customers with respect to products or services purchased by such customers from Social Point of View. Such communications may be by social media, email, regular mail, text message or telephone. Social Point of View also communicates with promoters and users through leaving messages in promoters’ and users’ suites.

Miscellaneous

Changes to this Privacy Policy

Social Point of View reserves the right to amend or change this privacy policy at any time at its sole discretion.

Links

Social Point of View’s websites may contain links to or from other sites. Please be aware that Social Point of View is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by Social Point of View websites.

California Online Privacy Protection Act Compliance

Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Questions

Questions regarding this Privacy Policy should be directed to support@socialpointofview.com, or by mail to Social Point of View, 7904 E Chaparral Road, 110-476, Scottsdale AZ, USA 85250.

Effective Date

The effective date of this Privacy Policy is January 1st, 2019.

Promoter Personalized Website and Promoter Suite Terms of Use

Your use of Social Point of View (“Social Point of View,” “Company,” “we,” “our,” “Our,” “We,” “us,” or “Us.”) website and/or Promoter Suite (the “Site”) is subject to the following terms of use. If you are a visitor and are not a Social Point of View Promoter, and you do not agree to these terms of use, your sole recourse is to leave the Site. If you are a Social Point of View Promoter and you do not agree to these terms of use, your sole recourse is to cancel your Social Point of View Promoter Agreement and not to use the Site. If you are a Social Point of View Promoter, violation of these Terms of Use may result in disciplinary action against your Social Point of View Business as set forth in Social Point of View’s Terms of Use.

Special terms apply to some services offered on our Site, such as subscription-based services, product purchases, rules for particular contests or sweepstakes or other features or activities. These terms will be posted in connection with the applicable service. Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use.

Which means if there are special terms they are detailed on our website.

The Company may amend these Terms of Use at its discretion. Amendments shall become effective immediately after publication of notice is posted under the Terms of Use tab to this website. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. The Company may change the Site or delete Content or features of the Site at any time, in any way, for any or no reason at our discretion.

Which means we can make changes at our discretion.

All information, materials, functions and other Site content provided on by Social Point of View (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by U.S. and international copyright laws. The collection, arrangement and assembly of all content on the Site is the exclusive property of the Company and is protected by U.S. and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in the Site is strictly prohibited.

Which means all the content belongs to Social Point of View

The trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on the Site are the Company’s registered and unregistered Trademarks and the Trademarks of the Company’s licensors. Use of our Trademarks, if allowed, must adhere to the Company’s Policies and Procedures and User/Promoter terms relating to Trademarks.

Which means Trademarks belong to Social Point of View and can only be used by others with permission.

A limited license to access and make personal use of the Site and the Content is granted, subject to these Terms of Use. Neither the Site nor any portion of the Site or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by the Company in writing.

Which means you can use the content, but you can’t copy it or steal it.

Links to third party websites may be provided by the Company. If so, they are provided solely as a convenience to you. If you use such links, you will leave the Site. The Company has not reviewed all such third-party sites (if any) and does not control, and is not responsible for, any of these websites and their content. The Company does not endorse or make any representations about such websites or any information or materials found there, or any results that may be obtained from using them. If you access any third-party websites linked from the Site, you do so at your own risk.

Which means we might link to third party sites, you use them at your own risk.

Promoters may encourage the public to use and promote Social Point of View Services; a) Certification & tuition b) One-on-one Mentorship c) Monthly subscription for updates d) Any other goods or services we desire to offer. To reward and remunerate Social Point of View offers a commission payment to the qualified promoter when a transaction is paid for by a user introduced by the Promoter. The payment terms and commission plan details are contained in a separate document that describes how commission is earned. Social Point of View is NOT and MLM company, only one promoter is paid a commission per transaction. The commission is paid as a single payment make to only one promoter. Promoters can recruit Users and be paid on that user’s transactions. Promoters can recruit other Promoters and be paid on that Promoter’s transactions. Users can recruit other Users & Promoters, however Users are not entitled or qualified to earn commissions, Users will not be paid commissions. In the case of a transaction made by the new enrollee of a User, the system will review the hierarchy of that introducing user and line of recruitment to track back the line until an active and qualified Promoter is found. It is the nearest qualified promoter in the line of recruitment that will be paid the commission. Payment of commissions are based on the status of the Promoter and the originator of the transaction (whether User or Promoter who made the purchase) at the time of the initial registration of the purchaser. Promoters are not employees of Social Point of View, each commission payment is based on an individual transaction. Promoters are responsible for any and all taxes due to their earnings. Social Point of View can change the terms of the compensation and commission plan at its discretion and at any time.

Which means, we will pay a commission based on each transaction, but we only pay one person who is the Promoter qualified to earn based on who recruited the purchaser. We control the commission plan and how it is administered, which we can change at our discretion.

Terms of Use, the word “Submissions” means text, content, advertisements, promotional material, graphics, audios, text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate, advertise, or otherwise distribute on or through the Site.

Social Point of View is pleased to receive your comments, suggestions, and Submissions regarding the Site, our products and services, and our opportunity. If you transmit to Social Point of View, post, or upload any Submissions, you grant the Company and its affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such

Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.

By communicating a Submission to the Company, you represent and warrant that the Submission and your communication thereof conform to the Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use.

Which means We can use any comments, suggestions etc royalty free as we see fit.

Accurate personal information is required for some services on the Site permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify the Company of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site.

Which means the details you provide us must be accurate and not false

“Public Forum” means an area or feature offered as part of the Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum. You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. Social Point of View is not responsible for, and does not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum, and the Company specifically disclaims any and all liability in connection therewith.

Which means if you post (for example on social media) you are responsible for the content

Appropriate posts; you agree that you will not upload, post, or otherwise distribute, or link to or from Social Point of View’s social media accounts any Submission, Content, or material that:

Promotes the sale of any non-Social Point of View’s products or services, or directly or indirectly promotes or advertises any non-Social Point of View business opportunity;

is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is profane, violent, vulgar, obscene, pornographic, or otherwise sexually explicit; (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is libelous, slanderous, defamatory, or violates the law.

is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;

infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;

contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site;

does not generally pertain to the designated topic or theme of the relevant Public Forum or violates any specific restrictions applicable to a Public Forum; or

is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet;

violates Social Point of View’s User or Promoter Terms.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of the Agreement, and, as between you and Social Point of View, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Which means you are required to behave in an appropriate manner when you post online

Your username and/or login ID are your responsibility it is important for you to keep your information secure. Notify the Company immediately if you believe that someone has used your username or login ID without your authorization.

Which means you are responsible to keep your Login and password secure.

Removal of posts Social Point of View reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post, or remove, any Submission from social media that violates these Terms of Use; and (b) identify any user to third parties; and/or (c) disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either: (i) facilitate compliance with laws, including but not limited to, compliance with a court order or subpoena, or (ii) help to enforce the Agreement and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

Which means we can edit posts on our social media accounts

Social Point of View may suspend or terminate your ability to use the Site, or any portion of the Site, for failure to comply with these Terms of Use, or as the Company deems necessary to protect its business or intellectual property interests. Upon the cancellation of your Social Point of View business for any reason, your access to the Site shall be terminated.

Which means we have remedies of suspension, cancellation and termination of accounts

Social Point of Views Site is intended for viewing and use in the United States and countries which the Company has designated are officially open for business.

Which means we are a company that exports our services internationally.

Social Point of View respects your privacy and the privacy of other visitors to the Site. To learn about our privacy practices and policies, please read our Privacy Policy.

Which means we respect the privacy of visitors, users and promoters of our website.

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIROR CORRECTION. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE COMPANY WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). THE COMPANY MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE ATANY TIME WITH OUT NOTICE. SOCIAL POINT OF VIEW ASSUMES NO RESPONSIBILITY, AND DISCLAIM ALL LIABILITY, FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liabilities:

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTI-TIES’ RESPECTIVE RESELLERS, CONSULTANTS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, CONSULTANTS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

SOCIAL POINT OF VIEW MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Ownership of content et al, you agree that the Site, including its code, documentation, appearance, structure and organization constitute trade secrets and/or copyrighted and/or proprietary material of Company and its licensors. The Site is protected by United States copyright, patent, trademark and other laws including international treaty provisions. You agree not to disclose, provide or otherwise make available such trade secrets, copy-righted or proprietary material in any form to any third party without the prior written consent of Company and/or its licensors, as applicable. Title to the Site, or any copy, modification, translation, partial copy, compilation, derivative work or merged portion of the Site, shall at all times remain with Company or its licensors, as applicable. You may not copy the written materials accompanying the Site. You agree to take every reasonable precaution to prevent the theft, disclosure, and the unauthorized copying, reproduction or distribution of the Site.

Which means that you agree our site, our program, our code and our property belongs to us

Beneficiaries, upon death or incapacity, the benefits of this agreement shall inure to the Promoter’s heirs or successors in interest and the obligations and benefits of this policy shall be binding upon the respective successors. In the event of death, the designated beneficiary will need to provide Social Point of View with a certified copy of the final will and testament (or probate decision in absence of a will) along with a certified copy of the Death Certificate.

Which means if you die, if you are earning commissions as a promoter, your heirs and estate will continue to earn provided the account remains active and qualified.

By using the Site, you authorize the Company to periodically send you information and updates relating to the Company’s business, products, programs, promotions, and other matters.

Which means we can send communications to you.

Use of the Site is a privilege and not a right. Social Point of View reserves the right to restrict or prevent access to the Site of any Promoter who violates these Terms of Use, the Social Point of View Promoter Agreement, or the Social Point of View Policies and Procedures.

Which means using Social Point of View is governed by our terms.

Social Point of View does not guarantee that the Site will be free from interruption. The Site may be subject to shutdowns from time to time for maintenance, technical issues, and/or causes beyond Social Point of View’s control. You agree that Social Point of View shall have no liability for any loss caused by any shut down or interruption.

Which means we can’t control maintenance and things like server shuts or technical issues, so we can’t offer a guarantee.

If User no longer agrees to be bound by these Terms and Conditions, User must cease use of this Website. If User is dissatisfied with this Website, its content, or any of these terms, conditions, and policies, User’s sole legal remedy is to discontinue using this Website. Social Point of View reserves the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that such use is (i) in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) Social Point of View has reason to believe that User is in violation of these Terms and Conditions of Use.

Which means if don’t like Social Point of View or what we do any more, we suggest you leave.

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