Point.me Terms and Conditions

Last Updated: December 22, 2023

These Terms and Conditions (the "Terms") apply to, and govern your access to and use of, the website and services available at www.point.me (the "Website"), as well as related apps and other interactive features that point.me, Inc. ( “point.me”, “we”, “us”, or “our”) makes available in connection with the Website (collectively, our “Services”).

By agreeing to these Terms or access or using our Services, you agree to be legally bound by these Terms and acknowledge our Privacy Policy. If you do not accept these Terms, then you may not use our Services.


We may change these Terms on a going-forward basis at any time and in our sole discretion. If we make changes to these Terms, we will notify you of the changes by sending a message to the email address or text message number you provided to us, notice through our Services, or other means. We will also update the “Last Updated” date at the top of these Terms when we make changes. Your continued use of our Services following the posting of changes will mean that you accept and agree to the changes.

You must be 18 years of age or older to use our Services. You represent to us that you are at least 18 years old and that you are otherwise lawfully able to enter into contracts. If you are entering into these Terms on behalf of an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent.

1. Your Access and Use of our Services

We may permit you to access and use our Services. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Services for lawful purposes and pursuant to these Terms.

Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.

We may suspend or terminate your right to access or use our Services for your action that, in our sole discretion: (a) violates the terms and conditions of these Terms; (b) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (c) through the use of our Services, defames, abuses, harasses, offends or threatens anyone else.

2. Restrictions

You will not reproduce, sell, resell, or otherwise exploit our Services without our express written consent. Additionally, without our written permission you will not: (a) use our Services other than for your own personal benefit; (b) modify, embed, or frame our Services; (c) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or Content (defined below) or any portion of our Services or Content; (d) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our Services infrastructure; (e) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content; (f) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services; (g) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (h) bypass any measures we may use to prevent or restrict access to our Services or (i) use our Services or any Content in connection with the training of machine learning or a neural network, deep learning or artificial intelligence system or software.

Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on our Services, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. Except as expressly permitted in these Terms, you shall not collect or harvest any personally identifiable information, including account names, from our Services. You shall not use any communication systems provided on our Services (such as forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.

3. Account Registration and Security

You understand that you may need to create an account to have access to all of the parts of our Services. You will: (a) provide true, accurate, current, and complete information about yourself or the entity you represent as prompted by our Services’ registration or subscription page (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of our Services (or any portion thereof). You are solely responsible for the security and confidentiality of your password and account and for all use of your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to our Services using your account information. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of our Services. We may provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information may be able to access your account so you should take reasonable steps to protect your personally identifiable information. Our collection, use and disclosure of Your Information is governed by these Terms and our Privacy Policy.

4. You Must Notify Us of a Breach

You agree to immediately notify us of any unauthorized use of your account or password, any violation of these Terms by you, or any other breach of security known to you in connection with our Services by sending an email to: support@point.me.

5. Service Providers

We and our affiliates, through our Services, may provide a venue through you can find third-party service providers or information about third-party service providers, such as financial institutions, credit card providers, mortgage brokers, insurance brokers, insurance agents, discount program representatives and other insurance professionals (“Service Providers”). We do not endorse or recommend the products or services of any Service Provider, and we are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services. We urge you to obtain the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial or insurance decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.

You acknowledge and agree that we are not a financial institution, insurance provider or a Service Provider. Instead, we, through our Services, may help to connect you with Service Providers that might meet your needs based on information provided by you. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We do not issue mortgages, credit cards, insurance coverage or any other financial products.

We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available.

You are solely responsible for complying with applicable laws and regulations in connection with your use of any services offered by us or a Service Provider.

6. Fees and Payments

Except as expressly noted in our Services, we charge fees for use of our Services. If we introduce a new service or charge a new fee, we will notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or changes to fees for an existing service, then you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.

7. Membership, Free Trials, Billing and Cancellation

  1. Membership

    Ongoing Membership. If selected, your point.me membership, which may start with a free trial, will continue annually or month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use our Services. We will bill the annual or monthly membership fee to your Payment Method. You must cancel your membership before it renews each year or month in order to avoid billing of the next year’s or month’s membership fees to your Payment Method.

    Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you in connection with such plans. You can find specific details regarding your membership with point.me by visiting our website and clicking on the “Your Account” link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

  2. Billing

    Recurring Billing. By starting your Services membership and providing or designating a Payment Method, you authorize us to charge you an annual or monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of our Services to your Payment Method. You acknowledge that the amount billed each year or month may vary from year to year or month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

    Price Changes. We reserve the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following email notice to you.

    Billing Cycle. The membership fee for our Services will be billed at the beginning of the paying portion of your membership and each year or month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each year or month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Services membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

    No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to our Services through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

    Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

    Cancellation. You may cancel your Services membership at any time, and you will continue to have access to our Services through the end of your monthly or annual billing period. To cancel, simply log-into “My Account” or email us your request to do so at support@point.me. This request will be acknowledged within 72 hours at which point, once acknowledged you will be notified via email.

8. Our Intellectual Property Rights

Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on or within our Services (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.

You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights in and to the Proprietary Marks, Content, Collective Work, Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms.

9. Electronic Communications

When you visit our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

10. Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use our Services, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of our Services.

11. Third Party Links or Access

There may be provided on our Services links or access to other websites or mediums belonging to our advertisers, business partners, affiliates, Service Providers and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We do not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on or through our Services are the best terms or lowest rates available in the market.

12. Mobile Devices

If we provide aspects of our Services via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such application.

13. Feedback

If you give to us any idea, proposal, suggestion, or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback, and product improvements (“Feedback”), you give us, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your Feedback in any way and for any purpose. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

14. Contests, Sweepstakes, and Games

From time to time we may offer contests, sweepstakes, and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes, or game.

15. No Representations or Warranties; Disclaimer

The Content, Services, and all services and products associated with our Services are provided to you on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Services or the information, content, materials, products or services included on or associated with our Services. You expressly agree that your use of our Services and all products and services included on or associated with our Services is at your sole risk.

We do not make, and expressly disclaim, any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content, our Services, or the services and products associated with our Services, or the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content, our Services, or the services and products associated with our Services. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content, our Services, and the services and products associated with our Services. We make no representation, warranty or guarantee that the Content that may be available for downloading from our Services is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We do not make any representations, warranties or guarantees, express or implied, regarding any quotes or offers provided on or through our Services.


The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, we recommend that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.

Our Services are controlled and offered by us from our facilities in the United States of America. We make no representations that our Services are appropriate or available for use in other jurisdictions. If you access or use our Services from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

16. Travel Providers; Additional Disclaimers

As part of our Services we attempt to offer the widest range of choice in award booking redemptions and corresponding airlines. Any appearances of an organization’s name or logo on our Services are for informational and/or attribution purposes only, and do not imply an affiliation or approval of us or our Services by that organization. Airline tickets are subject to the published conditions of carriage and rules, including but not limited to cancellation policies, of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and passenger. Airlines retain the right to adjust flight times and schedules at any time - schedule changes can result in an itinerary that falls outside of contractual agreements. Airlines may also in their discretion change or cancel flights or itineraries. Please review the applicable carriers’ applicable terms and conditions.

We shall not be liable for failure of travel service provided by the booked airline (carrier) or hotel. We do not guarantee or insure the services to be provided by any supplier, the financial position of such suppliers or the reimbursement to you from any loss experienced as a result of the financial condition of such supplier. In the event an airline defaults prior to providing the service to you for which payment has been made, the sole recourse for refund shall be with the defaulting supplier, from insurance covering such defaults if any or from other responsible third parties.

In those situations in which a supplier defaults prior to providing services you may pursue any recourse against the supplier for refund, which may be permitted by law or statute.

Except as expressly stated herein, we assume no responsibility for actions relating to travel services beyond our control. We and our associated business are not responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, nonperformance, irregularity, or any consequence thereof, which may be occasioned through neglect, or default or any other act or inaction of any supplier of travel products. We shall not be liable for any change in schedule or equipment, which occurs subsequent to payment for such service.

We act as a service bureau that provides value added services to consumers for their booking of their award travel. To facilitate us and our associated business to provide such value added services to and for you, you authorize us and/or our associated business to contact those carriers’, and other related entities’ sites, in order to access and/or create necessary frequent flyer accounts under your name which contain data necessary or convenient to provide you your value added services as you request. Neither we nor our associated business shall take any action in relation to the acquisition of any product of any nature; you retain sole authority to act or omit to act in relation to any and all acquisitions.

For avoidance of doubt, we do not issue airline tickets or sell any other travel products directly. Our fees cover our advice and consulting services, and are independent of any provider-imposed charges. Our concierge team is happy to assist with transferring points or finalizing bookings as a courtesy, but if you decide to book elsewhere or choose not to complete a trip after receiving an itinerary meeting your original specifications, our consulting fee will still be invoiced. Furthermore, we cannot issue any refunds for our consulting services, even if your plans have changed or the airline modifies your planned itinerary. Depending on the operating carriers and airline programs selected for your itinerary, there may be a penalty imposed by those providers for changing or canceling your mileage tickets. We’ll gladly advise you on the most economical way to adjust your itinerary or redeposit the miles under a separate consulting fee.

When booking your chosen itinerary with the airline reward program, please take special care to ensure you have the full and correct Names, Dates of Birth, and Nationality, exactly as shown on their respective passports, for all passengers. Similarly, we recommend having the airline agent repeat all flight and passenger information back to you using the NATO phonetic alphabet. Despite these precautions, airline agents do sometimes make entry errors including improper trip dates, routings, birthdays, and names. If any of these occur, we may be able to work with the airlines on your behalf to restore your itinerary back to what was originally confirmed, but cannot accept liability for any issues associated with these types of errors. Additionally, we will not be liable for any costs beyond the fees paid.

Please note that a non-refundable $25 “goodwill” search fee applies for all award booking and mileage run requests. The $25 fee will be deducted from your final invoice should you choose to book your trip with us. If not, the fee is non-refundable.

We sell no miles and advise our clients against working with any third-party agencies that broker miles or otherwise violate the terms of the respective frequent flyer program. Mileage run estimates are based on currently available public information to all members and may change prior to your trip. Any estimates are based on the mileage and dollar earning rates at the time of booking. We cannot guarantee the proper crediting of miles or qualifying dollars, but we will work with the airlines on your behalf should a posting error occur.

17. Limitations on Our Liability

We shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of these Terms; (ii) your access and use of our Services; (iii) your delay in accessing or inability to access or use our services for any reason; (iv) your downloading of any of the content or the collective work for your use; (v) your reliance upon or use of the content or the collective work, or (vi) any information, software, products or services obtained through our Services, or otherwise arising out of the use of our Services, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if we and/or our suppliers had been advised of the possibility of damages. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THE SERVICES AND THESE TERMS SHALL NOT EXCEED $100.



Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

18. Your Indemnification of Us

You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings; and/or (vi) any personal injury or property damage caused by you.

19. Our Remedies

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of New York, New York. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

20. Force Majeure

Neither we nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

21. Legal Disputes

Except as otherwise set forth in Section 19, you and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to our Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

  1. Applicable Law. You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and us relating to our Services or these Terms.
  2. Agreement to Arbitrate. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. You and we each agree that, except as otherwise set forth in Section 19, any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify (“Applicable Claims”). With respect to Applicable Claims, you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, such complaints, dispute, or disagreements shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, We agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (d) or (e) below.

  1. Arbitrator Will Interpret These Terms. The arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and the arbitration provisions in this Section, including but not limited to any claim that all or any part of these Terms is void or voidable;
  2. Location of Arbitration. The Arbitration will be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
  3. No Class Relief. The Arbitration can resolve only your and our individual claims, and the arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
  4. Written Award. The arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
  5. Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
  6. Interpretation and Enforcement of Arbitration Clause. With the exception of the subsection entitled No Class Relief above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
  7. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding;
  8. Intellectual Property Disputes. Notwithstanding the foregoing, we or you may submit any dispute, cause of action, claim, or controversy relating to our or your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and other patents) to any court of competent jurisdiction.

Please contact support@point.me with any questions regarding these Terms.