PunchyTime Terms of Use

Background Information

PunchyTime is a tool created by The Rocket Science Group, LLC. The following are our terms and conditions for using PunchyTime. By registering to use PunchyTime, or by logging in to the PunchyTime system, you wholeheartedly accept these terms and conditions.

BETA TESTING TERMS

The PunchyTime product is officially in the "beta" testing stage. That means that technically speaking, there may be bugs here and there, and you're a little bit insane for using it right now. But hey, we're a little insane too, so we won't hold it against you. Our imaginary lawyers tell us to warn you: "Use PunchyTime at your own risk." We've been using PunchyTime internally since about 2002, so it's pretty stable and secure. We're probably not going to experience anything devastating in beta, such as complete data loss. But since it's in beta, you might wake up tomorrow to find your custom colors and logos missing, due to an update of our system. Expect occasional weirdness.

Since we're in beta, expect weirdness
You agree to give us a reasonable amount of feedback, to help us out some. C'mon. At least one email or bug submission, or survey entry.
If you send us ideas for improvements, we might "commercialize" those ideas. Yep, we'll make money off your ideas. And by using our beta product, you're granting us the right to use those ideas.
We may be adding or removing services and features throughout the beta stage. We'll try to keep everyone updated in the blog (you'll find the link in the footer of PunchyTime). Like we said, expect weirdness.

A. Rules For Using PunchyTime

You hereby acknowledge and agree to the following...

Don't be a jerk.
We reserve the right to boot any user for being a jerk.
Don't upload any graphics into PunchyTime unless you own the rights to it.
Don't set PunchyTime to send messages that offend or harass anybody (see rule #1).

C. Eligibility:

You must be at least 18 years of age to use PunchyTime, and can form legally binding contracts under applicable law.
If you do not meet these eligibility requirements, you may not use the PunchyTime service.
You must complete the registration process and agree to our terms of use in order to use PunchyTime. All contact information you submit must be true, complete, and up to date.
PunchyTime reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion

D. Your Privacy & Security:

Our privacy policy is posted here.
We will not contact your customers. Your customer information will not be sold, rented, or shared in any way with any other parties unless required by law.
PunchyTime performs regular backups of our system and of customer data, but PunchyTime is not responsible for any of your data residing on our system. You are responsible for backing up your data regularly.
You are responsible for maintaining the confidentiality of your username and password. You will immediately notify PunchyTime of any unauthorized use of your account or any breach of security.

E. Fees and Refunds

PunchyTime reserves the right to (reasonably) change our fees at any time. We will send email notifications to users if and when we do.
We do not provide partial refunds (like if you cancel halfway through the month). C'mon, we're not that expensive.
If a user violates any of the terms outlined above, we reserve the right to cancel accounts, or bar access to accounts, without refund
If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.

F. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD THE ROCKET SCIENCE GROUP LLC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TERMS OF USE BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

G. Disclaimer

THE PUNCHYTIME SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. THE ROCKET SCIENCE GROUP IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, THE ROCKET SCIENCE GROUP EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, THE ROCKET SCIENCE GROUP SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE ROCKET SCIENCE GROUP NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Last edited: 03/28/06