- Acceptance of Terms.
You are expected to check this page from time to time to take notice of any changes PunchList made, as they are binding on you.
- Use and Restrictions.
BY USING THE SITE, SERVICES AND CONTENT, YOU AGREE NOT TO:
- reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Site or the Services;
- provide/post/authorize a link to any of the Site or Services from a third-party website;
- remove or modify any copyright or other intellectual property notices that appear in the Site or the Services;
- use the Site or the Services in any way that is unlawful, or harms PunchList, its service providers, suppliers, affiliates, or any other user;
- use the Site or Services in any way to discriminate against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcomes;
- distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Site or Services;
- impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
- reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about any data or Content available through the Site and the Services, except as explicitly permitted by us for a particular portion of the Services;
- upload invalid data, viruses, worms, or other software agents to the Site or the Services;
- post, reproduce, publicly display, or otherwise make accessible any content, which we, in our sole judgement and discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals;
- interfere with, or compromise the system integrity or security of the Site or Services, or otherwise bypass any measures we may use to prevent or restrict access to the Site or Services;
- conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Site or Services;
- access or use any of the Services to develop competitive products or services; or
- attempt to, or permit or encourage any third party to, do any of the above.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Services and the Site are proprietary to PunchList. You may not display or reproduce the Marks other than with the prior written consent of PunchList, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of PunchList or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PunchList.
- Intellectual Property.
- Feedback and Information
If you choose to provide input and suggestions regarding the Site or the Services, including related to any of the PunchList’ Materials (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services. You hereby allow PunchList, and you must ensure that you have authorization to allow PunchList, to use any data and information obtained from your use of the Site or the Services to provide, without limitation, estimates, bids, schedules, or any additional value add products and services.
- Electronic Communications
You consent to receive electronic communications from PunchList either in the form of email sent to you at the email address you provide via the Site or by communications posted on the Site for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, PunchList reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.
- Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than PunchList. Such links are provided solely as a convenience to you. PunchList does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
- Warranties and Disclaimer
IN ADDITION, IF A SERVICE OFFERING BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, PUNCHLIST MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, PUNCHLIST WILL CONTACT YOU TO ARRANGE FOR A REFUND IN THE EVENT YOU HAVE PREPAID.
- Limitation of Liability
PUNCHLIST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY PUNCHLIST’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. PUNCHLIST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE SITE OR THE SERVICES, THE SITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. REGARDLESS OF THE PREVIOUS SENTENCES, IF PUNCHLIST IS FOUND TO BE LIABLE, SUCH LIABILITY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY PUNCHLIST FROM YOU OR $100.
You agree that any claim you may have arising out of or related to your relationship with PunchList must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
- Governing Law
- Entire Agreement
- How to contact PunchList
If you wish to contact us to update your information, please feel free to contact us:
- by telephone at (888) 88-PUNCH (78624);
- by email at firstname.lastname@example.org