Punch! University Online Training Movie Library Terms and Conditions of Use

THE PUNCH! SOFTWARE ONLINE TRAINING MOVIE LIBRARY WEB SITE IS INTENDED FOR USE ONLY FOR LAWFUL PURPOSES. BY SUBSCRIBING TO THIS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS PUNCH! SOFTWARE MAY MAKE FROM TIME-TO-TIME AND AT ANY TIME. YOUR CONTINUED ACCESS TO OR USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT, THE TERMS AND CONDITIONS OF WHICH SHALL PREVAIL IN GOVERNING YOUR RIGHTS OF USE. BY CLICKING THE "ENROLL NOW" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT SELECT THE BUTTON INDICATING "ENROLL NOW" AND YOU MUST NOT INSTALL OR USE THE SOFTWARE.

DEFINITIONS

1. "Punch! Software" refers to Punch! Software LLC
2. "You" refers to the user or subscriber.
3. "Content" refers to the Punch! Software training content and software.
4. "Site" refers to the PunchUniversity.com web site.
5. "Agreement" refers to this terms and conditions of use agreement
6. "Terms" refers to the terms and conditions of use found within this Agreement
7. LICENSE: Punch! Software hereby grants to You a worldwide, non-royalty bearing, non-exclusive license to use the Training Content according to the provisions contained herein and subject to payment of the applicable fees.
8. FEES: The rights granted under this Agreement are effective only upon payment of the subscription fees, which are strictly non-refundable other than as expressly provided herein. The term “yearly subscription” is defined as one 365 day period. A year subscription terminates automatically at the conclusion of each 365 day period. Punch! Software reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site, including, without limitation, the content, availability, access and/or the terns of this site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site. Punch! Software may terminate this Agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement, or it may terminate this Agreement for its convenience or for any other reason.
9. RESTRICTIONS: You may not do any of the following:
• Save the Video Content to Your hard disk or other storage medium;
• Permit others to use the Training or associated files/resources;
• Copy, modify, reverse engineer, disassemble, redistribute, republish or adapt the Software or Video Content;
• Make derivative works based on the Video Content;
• Publish or otherwise disseminate the Video Content;
• Delete any author attributions, legal notices, or proprietary designations or labels that you upload;
• Manipulate or otherwise display the Site or any of its content by “deep linking” or “framing” or similar navigational technology;
• Violate PunchUniversity.com’s security mechanisms, access any data or server you are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way;
• Use the Site in any manner that adversely affects the availability of its resources to other users;
• Transmit any material that contains a virus or corrupted data.
10. Punch! Software, Inc, Punch! University online training movie library and the Punch! Software website is owned and operated by Punch! Software LLC as a corporation of record. All materials on this site are the property of Punch! Software unless otherwise specified. No material from these pages may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purposes is a violation of the U.S. Copyright law and other intellectual property laws. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.
11. LIMITED WARRANTY: Punch! Software warrants that the Online Training, if operated as directed, will substantially achieve the functionality described. Punch! Software does not warrant, however that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. Punch! Software also warrants that the media containing the Online Training, if provided by Punch! Software is free from defects in material from the date You acquired the Training. Punch! Software, Inc’s sole liability for any breach of this warranty shall be, in Punch! Software’s sole discretion: (i) to replace Your defective content; or (ii) to advise You how to achieve substantially the same functionality with the content or training as described; or (iii) if the above remedies are impracticable, to refund the subscription fee You paid for the Online Training. Only if You inform Punch! Software of Your problem with the Software during the applicable period will Punch! Software be obligated to honor this warranty. Punch! Software will use reasonable commercial efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Content by You during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if You violate the Terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Content is used on or in conjunction with hardware of software other than the unmodified version of hardware and software with which the Content was designed to be used as described.

THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY PUNCH! SOFTWARE OR ITS SUPPLIERS. PUNCH! SOFTWARE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRE WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF PUNCH! SOFTWARE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.

12. PROPRIETARY RIGHTS: Punch! Software reserves all proprietary rights in and to the Training Content, and is protected by copyright and other intellectual property laws and international treaties. Punch! Software retains all worldwide rights in its intellectual property, including, but not limited to its trademarks, inventions, ideas, trade secrets, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content included on the Site. The information contained herein is subject to change without notice. Punch! Software Trademark Notice: “Punch! University” and the Punch! University logo are trademarks of Punch! Software LLC
13. TERMINATION: This Agreement shall automatically terminate if You fail to comply with the restrictions described herein. Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.
14. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PUNCH! SOFTWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT PUNCH! TRAINING RECEIVED FROM YOU FOR A LICENSE TO THE TRAINING, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL PUNCH! SOFTWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PUNCH! SOFTWARE RECEIVED FROM YOU FOR A LICENSE TO THE TRAINING, EVEN IF PUNCH! SOFTWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
15. THIRD PARTY MATERIALS: This Site may contain links and pointers to internet sites maintained by others (“third party sites”). Punch! Software does not purport to review, monitor, or endorse any such third party sites and PunchUniversity.com: is not responsible or liable for the content or availability of such sites; does not warrant, guarantee, endorse, recommend, or otherwise promote the products, processes, services, or content of such sites or of any external site; and makes no representations whatsoever about such sites. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk. You agree that Punch! Software is not liable, directly or indirectly, for any damage or loss caused by or in connection with use or reliance on the content, goods or services available on third party sites. Once you link to another site, you are subject to the privacy policy of the new site. This Site may contain material submitted, posted, or owned by others (“third party materials”). You acknowledge that Punch! Software does not pre-screen third party materials, but reserves the right to screen, block, or restrict access to, or the availability of, or to disable, any third party materials that is available on or through this Site. You must evaluate and bear all risks associated with use of any third party materials. Punch! Software may disable, restrict access to or the availability of, any third party material that violates its Terms, is illegal, or is otherwise objectionable.
16. PRIVACY: Punch! Software respects and pledges to protect your privacy consistent with this Site’s posted Privacy Policy. Please see Punch! Software’s Privacy Policy for further details.

GOVERNING LAW AND DISPUTE RESOLUTION: This Agreement is governed by Missouri law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Punch! Software shall be finally resolved through binding arbitration in Kansas City, Missouri. If any court of competent jurisdiction holds any provisions of this Agreement invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement will remain in full force and effect Punch! Software’s failure to insist on strict performance of any of the Terms of this Agreement will not operate as a waiver of any subsequent default or failure of performance. You agree to comply with all applicable laws, including any international laws, in using this Site.