Terms of Service

Punchey, Inc. ("Punchey" or "we" or "us" or "our") operates this website, www.punchey.com, the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the "Microsites") will be collectively referred to as the "Site" in these Terms of Use. By using our Site and Punchey's services through the Site, you ("you" or "user" or "End User") agree to these Terms of Use, our Privacy

If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Punchey account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

1. Your Conduct on our Site

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

• Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Punchey account or in order to create multiple Punchey accounts;
• Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
• Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
• Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Punchey;
• Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
• Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Punchey;
• Reselling or repurposing your access to the Site or any purchases made through the Site;
• Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Punchey to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Punchey, including without limitation, aggregating current or previously offered deals;
• Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
• Exceeding or attempting to exceed voucher value limits when using any Punchey account to acquire vouchers for resale, or for speculative, false, fraudulent or any Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). End User explicitly acknowledges that Punchey is currently in a beta program and uses the Site at his/her own risk. The Site and Terms of Use are subject to change at any time and for any reason. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY PUNCHEY SERVICE OFFERED THROUGH THE SITE.
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2. Privacy and Your Personal Information

For information about Punchey’s data protection practices, please read Punchey’s Privacy and Security Policy  to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Punchey retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

2.1. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Punchey and the Site while it is being transmitted. In addition, Punchey is not responsible for any data lost during transmission.

2.2. Ownership of the Site

The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or , which is hereby incorporated into these Terms. This policy explains how Punchey treats your personal information when you access and use the Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Services.

2.3. Permitted Uses

The Site provides an interactive online service operated by Punchey, consisting primarily of promotion and marketing services on behalf of certain merchants ("Merchants") making vouchers for Merchant goods and services ("vouchers") available to its users. Vouchers may be exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the voucher and subject to the terms set forth below. As a condition of your use of this Site, you agree that:

• You are an individual person at least 13 years of age;
• Your use of this Site will at all times comply with the terms of this Agreement;
• You possess the authority to create a binding legal obligation;
• If you elect to create an account:
• You may create only one account for your personal use;
• You must safeguard your password and supervise the use of your account, and understand and agree that you are reiring a reward, a program member acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.By printing, accepting, using or attempting to use any voucher, you agree to these Terms specifically, the terms on the voucher itself and any additional, and any deal specific terms advertising the voucher (collectively, the "Terms" regardless of how labeled). These rules apply to all promotional vouchers that we make available, unless a particular voucher’s terms states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a voucher’s terms, the voucher’s terms will control.Punchey is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher. Vouchers have a value that can be applied to earn products and services at the specified merchant. The value of the products and services redeemed can be equal to or less than the value stated on the voucher.Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
• No cash value for any Voucher
• No cash back or credit will be issued for partial redemption of a Voucher unless otherwise specified responsible for your own use and the use of your account by anyone you allow to access it.
• You represent that you have the right to provide any and all information you submit to the Site, that the information is only about yourself, and that all such information is accurate, true, current and complete.
  
  

2.4. Availability of the Site

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time sell or re-sell any information, software, products or services obtained from or through the Site.

2.5. Creating an Account on our Site

The purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;

• Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
• Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
• Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
• Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
• Acting illegally or maliciously against the business interests or reputation of Punchey, our Merchants or our services; or
• Hyperlinking to the Site from any other website without our initial and ongoing consent.
  
  

2.6. Rewards

Vouchers ("Rewards") you earn through our Site as a Punchey account holder are special promotional rewards that you earn at participating Merchants through our service. Punchey markets the vouchers and acts as an agent in distributing the Vouchers on behalf of the Merchants. The Merchant is solely responsible for redeeming the voucher. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. The Merchant is the issuer of the voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release Punchey and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the services/goods it provides in connection with it. By acqu

• Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable
• Neither Punchey nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers
• Duplicate use, sale or trade of a Voucher is prohibited, except as required by law, unless otherwise stated at the time a Voucher is purchased, the Voucher value does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher
• Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant or specified on the Voucher.
• Any attempt to manipulate the Voucher amount to an unauthorized amount is prohibited.
• Reproduction, sale or trade of Vouchers is prohibited unless done so in compliance with applicable law.
• Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.

The voucher amount must be specified at the time the user chooses to print the voucher or acquire the voucher on his/her mobile device. The user can choose to specify an amount less than their total credit earned at that business if they anticipate they will not use the full amount. For example, if the user has earned $20 to a business but anticipates only spending $10 during his/her next visit, he/she may elect to acquire a $10 voucher and keep the remaining $10 stored in their account for future use. If the user chooses to redeem the voucher by printing a physical copy and bringing it to the merchant, they must redeem the voucher for the full amount. Any residual value in excess of the value of the goods and services provided by the merchant will be lost. If however, the mobile option is device is used, the user can choose the voucher value at the point of sale to match the exact amount of the goods and services provided by the merchant.

If a Merchant or venue refuses to honor any voucher, email Punchey at support@punchey.com or call 1 (800) 900-7783 (Monday through Friday, 9-5 eastern time).

3. Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.

4. Copyright and Trademarks

Everything located on or in this Site is the exclusive property of Punchey or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF PUNCHEY IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Punchey owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Punchey or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Punchey is a trademark of Punchey, Inc. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Punchey shall not be deemed to be in the public domain but rather the exclusive property of Punchey, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Punchey unless otherwise stated.

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Punchey does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Punchey the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant Punchey the right to edit, copy, publish and distribute any material that you make available on this Site.

5. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

Punchey reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Punchey with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

6. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER PUNCHEY, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. PUNCHEY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PUNCHEY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE AND SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PUNCHEY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. Arbitration

We will make every reasonable effort to resolve any disagreements that you have with Punchey. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Punchey arising out of, relating to, or connected in any way with this Agreement this Site or the redemption of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Punchey; (b) the arbitrator shall apply Massachusetts law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Punchey’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Punchey shall be entitled to arbitrate their dispute.

9. Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

10. Public Nature of Your Statements

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Punchey’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Punchey does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.

11. License Grant

By posting Statements or other information on our Site you grant Punchey a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

12. Indemnification/Release

You agree to defend, indemnify and hold harmless Punchey, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.

You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Punchey from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a voucher, and any conduct or speech, whether online or offline, of any other user.

13. Termination

Punchey may terminate these Terms of Use at any time. Without limiting the foregoing, Punchey shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Punchey considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

14. Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any Use by you of Punchey’s Site or services shall be governed by the internal laws of the State of Massachusetts, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision at Paragraph 13 shall be governed by the Federal Arbitration Act.

15. Identity Authentication

You authorize Punchey, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a social security number, or a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain Punchey Services, federal law requires that Punchey verify some of your Information. Punchey reserves the right to close, suspend, or limit access to your Account and/or the Punchey Services in the event we are unable to obtain or verify this Information.

16. Credit Report Authorization

If you open a Business Account, you are providing Punchey with written instructions and authorization in accordance with the Fair Credit Reporting Act to obtain your personal and/or business credit report from a credit bureau. You are also authorizing Punchey to obtain your personal and/or business credit report at any time Punchey reasonably believes there may be an increased level of risk associated with your Account.

17. Additional Disclosures

No waiver by either you or Punchey of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

Punchey is located at 95 High St., Milford, CT06460.

The provisions of these Terms of Use apply equally to and are for the benefit of Punchey, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.