Terms and Conditions

Terms of Service

This website is operated by ON>POINT LLC doing business as (dba) ON>POINT. Throughout the site, the terms “we”, “us” and “our” refer to offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including, those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.  Our store is hosted on GoDaddy Operating Company, LLC. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS BEFORE USING OUR SERVICES OR PURCHASING OUR PRODUCTS AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.  BY ACCESSING OR USING OUR SERVICES OR PURCHASING OUR PRODUCTS, YOU AGREE TO AND ARE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SECTION, DO NOT ACCESS OR USE OUR SERVICES OR PURCHASE OUR PRODUCTS.  

ACCESSING THE SERVICES

In order to accept these Terms and to access and use our Services, you must be at least 18 years of age.  If you are between 13 and 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.  If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.  You hereby affirmatively represent that (a) you are at least 18 years of age; (b) you have the consent of your parent(s) or guardian(s) to access and use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant ON>POINT LLC the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms.  

You may not use our products 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).

You must not transmit any worms or viruses or any code of a destructive nature.  A breach/attempted breach or violation/attempted violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (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 agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PAYMENT AND BILLING

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges).  If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended, and/or cancelled.  You must resolve any problem we encounter in order to proceed with your order.  If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are not subject to return.  

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.  We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction.

We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

Prices do not include applicable taxes and other charges, unless we clearly state in writing that a price includes applicable taxes.  All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and to discontinue our products without prior notice, even if you have already placed your order.  Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed.  In the event that a product you are interested in purchasing is not listed or is listed as “out of stock” on the product’s information page, it is not currently available for ordering.  Please check back at a later time as our product inventory is subject to change.  

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ERRORS

We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all product descriptions, photographs, pricing, and other information are accurate, complete, reliable, current, or error-free.  In the event of an error, whether on the Services, in an order confirmation, in processing and order or delivering a product, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.  

TAXES

You are responsible for any sales, duty, or other governmental taxes due with respect to your purchase of Products.  We will collect applicable sales tax if we determine that we have a duty to collect sales tax.  We will present any taxes that we are required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout.  Several factors may cause this, such as variances between processor programs and changes in tax rates.  

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase information for all purchases made at our store. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

COUPONS, DISCOUNTS, AND PROMOTIONAL CODES

All discounts, coupons, and promotional codes must be used at the time of purchase.  ON>POINT LLC reserves the right to deny all “price matching” or coupon or promo code refund requests submitted by customers after the time that purchase is completed.  Discounts, coupons, and promotional codes do not apply to shipping and/or taxes, if applicable.  We reserve the right to exclude any and all products from promotional discounts, coupons and promotional codes.  

SHIPPING AND RISK OF LOSS

You agree to pay any shipping and handling charges shown at the time you make a purchase.  We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.  Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed unless explicitly stated as “guaranteed.” Unless we state otherwise, risk of loss or damage passes to you upon delivery of the Products to your specified delivery location.  

RETURNS AND INCORRECT PRODUCTS

If you have received a product and you are unhappy with it for any reason, you are free to return the item to us up to twenty (20) days after the purchase date, with the purchase date counting as day one (1).  You may initiate the process by contacting ON>POINT LLC at onpointbeardscustomerservice@gmail.com.  Please include the following information: Order Number, Full Name, Phone Number, E-Mail Address used at the time of purchase, and your reason for wanting to return the item.  

All return items must be in the original, unopened, and unused condition it was shipped in and it must free from any damage.  Once we receive your item, we will inspect it and notify you if it is eligible for refund.  We reserve the right to refuse the exchange or refund of any items that ON>POINT LLC determines has been opened, tampered with, damaged, and/or not in their original, unopened, and unused condition.  You are responsible for paying for your own shipping costs to return the item.  Shipping costs are non-refundable.  If you receive a refund, the cost of original shipping will be deducted from your refund.

If you receive an incorrect item in your order, please contact us at onpointbeardscustomerservice@gmail.com.  Please include the following information: Order Number, Full Name, Phone Number, E-Mail Address used at the time of purchase and a summary of what was incorrect with the order.  Our customer service team will work with you to correct your order and you will not be charged for any additional shipping charges for our mistake.  

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

CONSENT FOR MARKETING MESSAGES

By consenting to ON>POINT LLC, dba as ON>POINT, SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

USER CONTENT, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, verbal, by postal mail, via any means of communication, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  All comments are non-confidential and will become the sole property of ON>POINT LLC.  We will own exclusive rights including without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.  

Our Services may allow you to create, post, store and share content, including messages, text, photos, videos, and other materials (collectively "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and ON>POINT LLC.

You grant ON>POINT LLC, a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publily perform, and display your User Content and any name, usersname or likeness provided in connection with your User Content in all medial formats and channels now known or later developed without compensation to you.  When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username and date of review) will be visible to the public.  You may not create, post, store, or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us a license described above.  

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false/fake, e-mail address or an e-mail address/account that does not belong to you and for which you are not responsible.  

You agree to not pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party across any of our platforms including but not limited to all of our social media accounts and websites.  

SOCIAL MEDIA POSTS

If you tag your social media post (“Post”) with one of our promoted hashtags, you agree to the following: You consent and grant to ON>POINT LLC the irrevocable, non-exclusive, transferable, sublicesable, royalty-free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise utilize the Post (or any portion thereof) in any form, manner, or media now or hereafter known including but not limited to posting or reposting the Post across ON>POINT LLC digital properties (e.g. on ON>POINT LLC branded websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post.  You understand and agree that you will not have any right to inspect or approve ON>POINT LLC’s use of the Post, the Post will not be returned to you and you will not be paid or otherwise compensated for ON>POINT LLC’s use of your Post.  Aside from the rights specifically granted herein, you retain ownership of all rights to your post.  

You represent and warrant that (1) your Post is your original creation for which you own and or control all rights, (2) your Post does not violate any laws or infringe the intellectual property, privacy, or publicity rights or any other legal or moral rights of any third party, (3) Your Post will not contain obscene, indecent, or harassing material, or feature nudity or illegal use of substances (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein. 

You understand and acknowledge that your Post may be open to public commentary that is not under the ON>POINT LLC direct control and does not necessarily reflect the views of ON>POINT LLC.  While ON>POINT LLC may curate Posts, ON>POINT LLC does not warrant their content or accuracy.  You understand that you may be exposed to other Posts that you find offensive, indecent, or otherwise objectionable.  You understand and acknowledge that, pursuant to sections 230 of the Federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider.  Posts may be removed by ON>POINT LLC, at any time and for any reason.  

The rights to information posted on the website or to any of ON>POINT LLC’s social media pages may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than ON>POINT LLC.  Additionally, certain content displayed and contained within ON>POINT LLC’s Pages is the original authorship of ON>POINT LLC and is owned exclusively by ON>POINT LLC.  By being a User of or Posting on any of ON>POINT LLC’s Pages, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivitive works, or any way exploit any of the content found, whether owned by ON>POINT LLC or a third party, other than as provided herein. 

INTELLECTUAL PROPERTY RIGHTS

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively the “ON>POINT LLC IP”) are owned by or licensed to ON>POINT LLC and are protected under both United States and foreign laws including applicable copyrights and trademarks.  Except as explicitly stated in these Terms, ON>POINT LLC and our licensors reserve all rights in and to our Servives and the ON>POINT LLC IP.  The posting of information or materials on the website, or as part of the Services does not constitute a waiver of any rights as to such information and materials by ON>POINT LLC.  

LIMITED LICENSE TO USE

You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and ON>POINT LLC IP for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell, or commercially use our Services or ON>POINT LLC IP; (b) copy, reproduce, distribute, publish, or publicly display, ON>POINT LLC IP, except as expressly permitted by our licensors; (c) modify the ON>POINT LLC IP, remove any proprietary rights, notices, or markings, or otherwise make any derivative uses of our Services or ON>POINT LLC IP; (d) use any data mining, robots, or similar data gathering or extraction methods; and (e) use our Services or ON>POINT LLC IP other than for their intended purposes.  You do not acquire ownership rights to any ON>POINT LLC IP or any content, document or other materials viewed through the Services.  Any use of our Services or ON>POINT LLC IP other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.  

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website/social media, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website/social media site, should be taken to indicate that all information in the Service or on any related website/social media site has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape or utilize any other technique known or unknown at this time; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ON>POINT LLC (ON>POINT), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ON>POINT LLC, (DBA: ON>POINT) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with ON>POINT LLC and limits the manner in which you can seek relief from us. 

Except for any dispute arising out of or related to a violation of the “Prohibited Uses” section, or disputes in which either party seeks to bring an individual action in small claims court or seeks injuctive or other equitable relief for the alleged unlawful use of intellectual property, you and ON>POINT LLC waiver their rights to a jury trial and to have any dispute arising out of or related to these Terms, or Services or Products purchased through our Services resolved in court.  Instead, all disputes arising out of or to these Terms, our Services or products or Services purchased through our Services will be resolved through confidential binding arbitration held in Austin, Texas, before and in accourdance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference.  You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.  

You and ON>POINT LLC agree that any dispute arising out of or related to these Terms, our Services or products or Services purchased through our Services is personal to you and ON>POINT LLC and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding.  You and ON>POINT LLC further agree that any such disputes will also not be consolidated with any other proceedings that involve any claim or controversy of any other party.  

You and ON>POINT LLC agree that these Terms affect interstate commerce and that the enforceability of this Section “Disclaimer of Warranties: Limitation of Liability” will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ( the “FAA”), to the maximum extent permitted by applicable law.  As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a respresentative action, which is prohibited by these Terms.  The arbitrator may only conduct and individual arbitration and may not consolidate more that one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more that one individual.  You and ON>POINT LLC agree that for any arbitration you initiate, you will pay the filing fee and ON>POINT LLC will pay the remaining JAMS fees and costs.  You and ON>POINT LLC agree that the state or federal courts of the State of Texas and the United States sitting in Travis County have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.  

Any claim you may have arising out of or related to these Terms, our Services or products or services purchased through our Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and ON>POINT LLC will not have the right to assert the claim.  

You have the right to opt out of binding arbitration with in ten (10) days of the date you first accepted the terms of this section “Dispute Resolution/Binding Arbitration/Class Action Waiver” by e-mailing us at onpointbeardscustomerservices@gmail.com.  In order to be effective, the opt out notice but include your full legal name and clearly indicate your intent to opt out of binding arbitration.  By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section “Miscellaneous” of these terms.  

MISCELLANEOUS

These Terms constitute the entire agreement between you and ON>POINT LLC relating to your access to and use of our Services.  The failure of ON>POINT LLC to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.  This sections titles in these terms are for convenience only and have no legal or contractual effect.  Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.  Our failure to act with respect to a breach of the Terms by your or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.  The provisions of these terms are intended to be severable.  If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner an without affecting the remaining provisions hereof, which shall continue to be in full force and effect.  

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

If you have any questions regarding privacy, please read our privacy policy.

GOVERNING LAW AND JUSRISDICTION

These Terms will be governed by and construed in accourdance with the laws of the State of Texas, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on contracts for the international sale of goods or services.  You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or related to the Services, will be in Travis County, Texas, and you hereby consent and submit to the exclusive personal jurisdiction and venue in Travis County, Texas.  

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Should you have any questions regarding the Terms of Service, please e-mail us at: onpointbeardscustomerservice@gmail.com.