1. USE OF SITE
- 1.1 Permitted Uses. This website is provided solely for the use of current and future customers of Punch Guru, Inc. ("PunchGuru") to provide you with information about our company, to permit you to place orders for our Services ("Services"), to use said Services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited.
1.2 Prohibited Uses. By way of example, you should not use any features of this site to communicate:
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any encouragement of illegal activity;
- any unsolicited information (i.e. given without express consent) in the form of a text message;
- unauthorized use or disclosure of private, personally identifiable information of others; or
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
2. SITE CONTENTS AND OWNERSHIP
- 2.1 Content.. The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials ("Content") are the property of PunchGuru and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.
- 2.2 Rights.. Except as expressly provided in this Agreement, PunchGuru does not grant you any express or implied right in any site Content./li>
- 2.3 Licenses.
- 2.3.1 Site Content. Subject to your compliance with this Agreement and your payment of any applicable fees, PunchGuru grants you a non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Content solely for the purposes of using this site for the authorized uses described herein. Except as expressly provided by this Agreement, Content may not be reproduced, transmitted, or distributed by any means without the express written permission of PunchGuru. Requests for permission to make other uses of the Content should mailed to: Text Ripple, Inc., 825 C Merrimon Ave., Suite 125, Asheville, NC 28804./li>
- 2.3.2 User-Submitted Material. By submitting material to this site, you grant a perpetual, non-exclusive, royalty-free license to PunchGuru to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole and in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such material. You further agree to not submit material that may infringe the intellectual property rights of any third party.
3. DISCLAIMER OF WARRANTY
- 3.1 Reliability. You expressly agree that use of this website is at your sole risk. Neither PunchGuru nor its agents warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Content or of the Services provided on this site.
- 3.2 Errors. The Content may contain errors, omissions, inaccuracies, or outdated information. Further, PunchGuru does not warrant reliability of any statement or other information displayed or distributed through the site. PunchGuru reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. PunchGuru may make any other changes to this site and its Content at any time without notice.
- 3.3 Disclaimed Warranties. THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. PUNCHGURU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND ITS CONTENTS AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PUNCHGURU EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT ON THIS SITE OR ANY PRODUCTS OR SERVICES SOLD ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
4. LIMITATION OF LIABILITIES
YOU AGREE THAT PUNCHGURU AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE CONTENT OR SERVICES ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PUNCHGURU OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE CONTENT ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION SOLD ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PUNCHGURU OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless PunchGuru and its agents from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site and its Services, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
6. LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
7. TERM AND TERMINATION
Without limiting its other remedies, PunchGuru may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion.
8. HYPERLINK DISCLAIMERS
- 8.1 Use Links at Own Risk. As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk.
- 8.2 No Responsibility for Linked Sites. Except for links to information authored by PunchGuru, PunchGuru is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk.
- 8.3 Link Removal. PunchGuru reserves the right to discontinue any Linked Site at any time without prior notice.
9. CONTROLLING LAW, INTERNATIONAL USERS, AND JURISDICTION
- 9.1 Controlling Law. This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions.
- 9.2 International Users. PunchGuru makes no representation that the Content is appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site.
- 9.3 Jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan for any disputes with PunchGuru arising out of your use of this site.
10. ENTIRE AGREEMENT; SEVERABILITY; WAIVER
- 10.1 Entire Agreement. This Agreement constitutes the entire agreement between PunchGuru and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and PunchGuru with respect to this website.
- 10.2 Electronic Same as Printed. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- 10.3 Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
- 10.4 Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
11. MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time. Your continued use of the site will be deemed your acceptance of the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. PunchGuru does not and will not assume any obligation to notify you of changes to this Agreement.
12. ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from PunchGuru solely through electronic transmission. You agree that when in the future you click on an "I agree,""I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.