Welcome to www.punchlistusa.com (the “PunchList Website”), which is an e-commerce website that is owned and operated by PunchList Inc. in Charleston, SC. PunchList Inc. is hereinafter referred to as “PunchList,” “we,” “our,” or “us.”
2. Modifications to this Agreement. PunchList may modify this Agreement from time to time, and any such modifications shall be effective upon posting by PunchList on the PunchList Website. You agree to be bound to any changes to this Agreement when you use the PunchList Website after any such modification is posted. It is therefore important that you review this Agreement each time before accessing the PunchList Website to ensure that you are updated as to any changes. If you do not want to be bound by a modification to this Agreement, please refrain from using the PunchList Website or ordering any products or services after that date. No other amendments will be valid unless they are in a paper writing signed by PunchList and by you.
3. Modifications to the PunchList Website. You understand and agree that PunchList may discontinue or change the PunchList Website at any time, without notice to you. PunchList makes no commitment to update the information and content on the PunchList Website.
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE PunchList WEBSITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the PunchList Website for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact PunchList immediately to authorize PunchList to deny access to the PunchList Website to anyone else presenting your password. PunchList reserves the right to disable any user name, password or other identifier, whether chose by you or provided by us, at any time if, in our sole opinion, you have violated this Agreement.
5. Use and Termination. This license to use the PunchList Website is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to PunchList. You understand and agree that PunchList, in its sole discretion, may terminate your account, direct you to cease using the PunchList Website, and discontinue or restrict your access to the PunchList Website, all without notice to you and for any reason. You agree that PunchList shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the PunchList Website, your status as an account holder, or any parts thereof.
6. Intellectual Property Protection. The PunchList Website and its entire contents, features, and functionality including but not limited to all information, software, text, artwork, designs, graphics, page headers, logos, button icons, images, audio clips, video clips, digital downloads, prices, product descriptions, data compilations, scripts, trade names, service names, trade dress, and the design, selection, and arrangement thereof (collectively, “Content”), is the property of PunchList, its licensors, or other third party providers, and is protected by U.S. and international trademark, copyright, and other intellectual property laws.
You shall not copy, reproduce, distribute, alter, display, perform, publish, license, broadcast, transmit, create derivative works from, download, disassemble, decompile, or store such Content without the prior written consent of PunchList; provided, however, you may print or download one copy of a reasonable number of pages of the PunchList Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. Systematic retrieval of data or other Content from the PunchList Website to prepare any collection, compilation, database, or directory is strictly prohibited. The trademarks in the Content shall not be used, including as part of other trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PunchList or the respective trademark owners. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PunchList NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE PunchList WEBSITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
7. Prohibited Uses. You may use the PunchList Website only for lawful purposes and in accordance with this Agreement Use. You agree not to use the PunchList Website: in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Contribution Standards set out in this Agreement; to transmit, or procure the sending of, any advertising or promotional material without PunchList’s prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; to impersonate or attempt to impersonate PunchList, a PunchList employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the PunchList Website, or which, as determined by us, may harm the PunchList Website or users of the PunchList Website or expose them to liability
Additionally, you agree not to: use the PunchList Website in any manner that could disable, overburden, damage, or impair the PunchList Website or interfere with any other party’s use of the PunchList Website, including their ability to engage in real time activities through the PunchList Website; use any robot, spider or other automatic device, process or means to access the PunchList Website for any purpose, including monitoring or copying any of the material on the PunchList Website; use any manual process to monitor or copy any of the material on the PunchList Website or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the PunchList Website; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the PunchList Website, the server on which the PunchList Website is stored, or any server, computer or database connected to the PunchList Website; attack the PunchList Website via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the PunchList Website.
8. User Contributions. The PunchList Website may contain features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) information or materials (collectively, “User Contributions”) on or through the PunchList Website. Any User Contribution you post to the PunchList Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the PunchList Website, you grant us and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You represent and warrant that: you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; and all of your User Contributions do and will comply with this Agreement, including the Contribution Standards below. You further understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PunchList, have full responsibility for such information, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the substance or accuracy of any User Contributions posted by you or any other user of the PunchList Website.
10. Monitoring and Enforcement. PunchList reserves the right to: remove or refuse to post any User Contributions for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement (including the Contribution Standards), infringes any intellectual property right, or other right of any person or entity, threatens the personal safety of users of the PunchList Website or the public, or could create liability for PunchList; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the PunchList Website; and terminate or suspend your access to all or part of the PunchList Website for any or no reason, including without limitation, any violation of this Agreement. We do not undertake to review all User Contributions before they are posted on the PunchList Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or information provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11. Copyrights and the Digital Millennium Copyright Act. It is our policy to respect the intellectual property rights of others. If you are alleging that material available through the PunchList Website infringes upon your copyright, we ask that you please submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to the address provided below. In order to be effective, the notice must include the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit PunchList to locate the material; (4) Information reasonably sufficient to permit PunchList to contact you (e.g., an address, telephone number and an email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In the event that materials are removed from the PunchList Website by PunchList (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, please submit a written counter-notification pursuant to the DMCA. In order to be effective, the counter-notification must include the following: (1) Your physical or electronic signature; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (4) Your name, address, telephone number, and, if available, an email address; and (5) A statement that you consent to the jurisdiction of the U.S. District Court for the State of South Carolina, and that you will accept service of process from the person who provided notification of the alleged infringement.
All written notices should be sent to: PunchList | 802 Coleman, Ste. 205 | Mount Pleasant, SC 29464
12. Reliance on Information Posted. The information presented on or through the PunchList Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the PunchList Website, or by anyone who may be informed of any of its contents.
The PunchList Website may include content provided by third parties, including materials provided by other users, bloggers and third party licensors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PunchList, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PunchList. We are not responsible, or liable to you or any third party for the content or accuracy of any materials provided by third parties.
13. Online Purchases and Other Terms and Conditions. All purchases through the PunchList Website are subject to our additional terms of sale, which are hereby incorporated into this Agreement.
14. Links to Other Sites. The PunchList Website may contain hyperlinks to third party websites that are not under the control of PunchList. PunchList is not responsible for any content in any advertisement or hyperlink on the PunchList Website or for any content in any hyperlinked website. If you access a third party website from the PunchList Website, then you do so at your own risk. A hyperlink to a third party website does not imply that PunchList endorses the content on or the business of the hyperlinked website. You are solely responsible for determining the integrity and reliability of the information in the advertisement or hyperlink on the PunchList Website as well as the information on the hyperlinked website. PunchList provides hyperlinks only as a convenience. Additionally, your dealings with or participation in promotions of advertisers found on the PunchList Website, including payment for and delivery of goods and services, and any other terms (such as warranties) are solely between you and such advertisers. You agree that PunchList shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
15. Territorial Use and Export Control. You acknowledge that the PunchList Website is controlled in and originates from the United States. We provide the PunchList Website for use only by persons located in the United States. We make no claims that the PunchList Website or any of its content is accessible or appropriate outside of the United States. Access to the PunchList Website may not be legal by certain persons or in certain countries. If you choose to access the PunchList Website from outside the United States, you do so on your own initiative, at your own risk, and you are responsible for compliance with applicable local laws.
Software and other materials from the PunchList Website may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from PunchList Website may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (2) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. PunchList does not authorize the downloading or exportation of any software or technical data from the PunchList Website to any jurisdiction prohibited by U.S. Export Laws.
16. Disclaimer of Warranties. PunchList uses reasonable efforts to provide accurate, complete, and current information on the PunchList Website. However, PunchList does not guarantee or warrant that the Content herein is accurate, complete, timely, or free of technical or typographical errors. You acknowledge that PunchList merely compiles information from independent third parties and other publicly available databases and resources. It is your responsibility to verify any information provided. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ON THE PunchList WEBSITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PunchList EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PunchList MAKES NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE PunchList WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE; NOR DOES PunchList MAKE ANY WARRANTY AS TO THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, PRODUCTS, OR SERVICES PROVIDED OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. PunchList MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE. NO INFORMATION OBTAINED BY YOU FROM THE PunchList WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Limitation of Liability. YOU AGREE THAT NEITHER PunchList NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PunchList WEBSITE SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE PunchList WEBSITE, ANY PRODUCTS, SERVICES, OR CONTENT OFFERED OR PROVIDED ON THE PunchList WEBSITE, ANY OTHER HYPERLINKED WEBSITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, ANY PERSON’S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED IN THE PunchList WEBSITE, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT, OR COMPLETE, THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF THE PunchList WEBSITE.
YOU SPECIFICALLY AGREE THAT PunchList IS NOT LIABLE FOR ANY CONDUCT BY YOU ASSOCIATED WITH THE PunchList WEBSITE, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES RELATING TO YOUR ACCOUNT. PunchList IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE PunchList WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY YOU, OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE PunchList WEBSITE.
IN NO EVENT SHALL PunchList, ITS AGENTS, AND PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE PunchList WEBSITE, OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PURCHASED, OBTAINED, OR ACCESSED, OR FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PunchList WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PunchList HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PunchList’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PunchList FOR THE ACCESS TO AND USE OF THE PunchList WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. Indemnity. You agree to indemnify and hold harmless PunchList, and its subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims and expenses, including attorneys’ fees, arising from your use of the PunchList Website, breach of this Agreement, or breach of any third party’s rights. This indemnification shall survive any termination of your status as an account holder or use of the PunchList Website.
19. Governing Law and Jurisdiction. Any claim relating to the use of the PunchList Website and any Content shall be governed by the internal substantive laws of the State of South Carolina, without regard to its conflicts of laws rules. You expressly consent to the jurisdiction of the state and federal courts of South Carolina for any such claim.
20. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PunchList WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21. Waiver and Severability. No waiver of by PunchList of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PunchList to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
22. Entire Agreement. This Agreement, as amended, and the consents provided by you, constitute the entire agreement between you and PunchList.
23. Comments and Concerns. All feedback, comments, requests for technical support and other communications relating to the PunchList Website should be directed to firstname.lastname@example.org. Thank you for visiting the PunchList Website.