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Terms and Conditions
To be an authorized affiliate of Mycalendarguys.com, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Mycalendarguys.com service as an affiliate. By signing up for the Mycalendarguys.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions. This site (Mycalendarguys.com) is operated by Punch! Events & Promotions, LLP ("PUNCH"). This site is intended for your personal information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service ("Terms of Service") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. If you do not agree with all of the following Terms of Service, please do not use this Site. Punch! Events & Promotions reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service. TERMS OF SERVICE Restriction on Use Of Materials All materials contained in any PUNCH Site are the copyrighted property of Punch! Events & Promotions, LLP or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Punch! Events & Promotions, LLP or its affiliates. No material from any PUNCH Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any PUNCH Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us. In the event you download software from any PUNCH Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. DISCLAIMER THE MATERIALS IN THIS PUNCH SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY PUNCH SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PUNCH SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY PUNCH SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any PUNCH Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any PUNCH Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Subscription Account & Billing Some services offered on PUNCH Sites are subscription-based services, such as Mycalendarguys.com, operated by PUNCH or other third-parties. If you open a subscription- based account with any of our sites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason. PUNCH agrees that it will terminate Customer's account upon notice from Customer. On some PUNCH Sites, your Subscription will be automatically renewed and your credit card account or bank account or telephone bill will be charged as per the terms of that site. Customer's right to use the Service is subject to any limits established by PUNCH or by Customer's credit card or bank issuer. If payment cannot be charged to Customer's credit card, bank account or Customer's charge is returned for any reason, including chargeback, PUNCH reserves the right to either suspend or terminate Customer's access and account. If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit or charge card number stored) notify PUNCH of the problem to avoid possible liability for any unauthorized charges to Customer's account. Fees for the first month's subscription are not refundable, unless the account holder is not able to access the site and notifies PUNCH within 48 hours of creating the account. You agree that you will not disclose your membership username and password to any individual or group. They are strictly for your use. Any violation of your password will result in the immediate cancellation of your membership. Indemnification You are entirely responsible for maintaining the confidentiality of your Account info and/or Password and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Online Forums, Bulletin Boards, Chatrooms, Postings This PUNCH Site may include bulletin boards, chat rooms and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively "Bulletin Boards"). PUNCH does not control the material delivered to Bulletin Boards, and PUNCH has no obligation to monitor such Bulletin Boards. The messages do not necessarily reflect the views of PUNCH. In no event shall PUNCH assume or have any responsibility or liability for any materials posted on Bulletin Boards or for any claims, damages or losses resulting from their use and/or appearance on this Site. PUNCH reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation or governmental request. In addition, PUNCH reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in PUNCH's sole discretion are objectionable or in violation of these Terms of Service. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting PUNCH a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PUNCH SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY PUNCH SITE. Termination These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all PUNCH Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and all PUNCH Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the PUNCH Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
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