Terms and Conditions

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be altered and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise any right or to require performance of any obligation under these Terms shall not effect the ability of the Company or Customer to exercise such right or require such performance at any time thereafter nor shall the waiver of any breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

Company reserves the right, at the sole discretion of the Company, to alter these Terms at any time. If any alteration is material the Company will make reasonable efforts to provide at least 30 days' notice prior to any alterations taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Service after any alterations become effective, Customer agrees to be bound by the altered terms. If Customer does not agree to the altered terms, in whole or in part, Customer must promptly discontinue all use of all Services.

Company may terminate the Agreement and all Services at any time if:

• (i) it is discovered that Customer is in breach of this Agreement; or
• (ii) it is discovered that Customer is in breach of the Company Terms and Conditions; or
• (iii) it is discovered that Customer is in breach of the Company Privacy Policy;

and does not cure the breach within thirty (30) days after receiving written notice thereof from the Company.

This Agreement may be terminated by either the Company or Customer at any time if it is confirmed by either Company or Customer in writing that there is no License then in effect, effective thirty (30) days after delivery of written notice to the other party.

Customer may terminate this Agreement immediately upon written notice to the Company if:

• (i) Company breaches any provision of this Agreement and does not cure the breach within thirty (30) days after receiving written notice thereof from Customer; or
• (ii) Company commits a material breach that is not capable of being cured.

If this Agreement is terminated pursuant to the rights herein:

• (i) all Licenses granted and/or Purchased by Customer under this Agreement will terminate; and
• (ii) Customer must promptly discontinue any use of any Service; and
• (iii) all Services shall terminate.

Notwithstanding any damages that Customer's might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Customer's exclusive remedy for all of the foregoing shall be limited to the amount actually paid by Customer through the Service or 1 USD if Customer hasn't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, Third Party software and/or Third Party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, the liability for the Company and Customer's will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to Customer's "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Service Providers and their respective licensors, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will achieve any intended results, operate without interruption, or be error free.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied:

• (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; or
• (ii) that the Service will be uninterrupted or error-free; or
• (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
• (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to Customer's. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The laws of the County, excluding its conflicts of law rules, shall govern these Terms and Conditions and Customer use of the Service. Customer use of the Service may also be subject to other local, state, national, or international laws.

If Customer has any concerns or disputes about the Service, Customer agrees to first try to resolve disputes informally by contacting the Company.

Customer represents and warrants that:

• (i) Customer is not located in a country that is subject to the United States government embargo or that has been designated by the United States government as a "terrorist supporting" country; and
• (ii) Customer is not listed on any United States government list of prohibited or restricted parties.

Company obligations regarding Services are subject to the following:

• Customer shall cooperate with the Service Provider to enable the Company to deliver the Services.
• Customer agrees to receive from the Company communications via e-mail, chat, telephone, and other formats, regarding Services (such as communications concerning Support, Website, or Customer related issues).
• Customer shall report to the Company all relevant details about Support Incidents and/or problems, and shall implement any corrective procedures provided by the Company reasonably promptly after receipt.
• Customer is solely responsible for protecting and backing up the data and information stored on the Supported Device on which the Service is used and Customer should confirm that such data and information is protected prior to contacting the Company for Support. Company is not responsible for lost data or information.
• Customer will have dedicated resources available to work during the Support engagement with Service Providers.

Customer acknowledges that correspondence and log files generated in conjunction with a request for Services may contain sensitive, confidential or personal information. Customer is solely responsible for taking the steps it considers necessary to protect such data, including obscuring the logs or otherwise guarding such information prior to sending it to the Company

Prior to receiving Support from the Company, Customer must first Purchase and redeem Licenses on the Website.

To register Support Incidents, Customer must:

• Purchase and/or redeem Incident Licenses.

To register Support Incidents with Service Period Emergency, Customer must:

• Purchase and/or redeem Emergency Licenses.

Customer must Purchase and redeem Licenses directly on the Website; Except as otherwise provided for by the Company. Except as otherwise provided, all Licenses end, expire, and/or terminate after the License Term. Company may, as a service to Customer, give warnings about the expiration of the License on the Website, but the Company is not obliged to do so. Customer is obliged to contact the Company about any possible expiration of Licenses that Customer considers to be unwarranted. Company is not liable for any losses or any costs arising in connection with the expiration of Licenses.

These Terms and Conditions will automatically update to the then-current Terms and Conditions set forth at Terms upon any future Purchase.

Scope of License

Subject to the Terms and Conditions of this Agreement, the Company grants to Customer, during the License Term, a nontransferable License to:

• register a Support Incident in the Service; or
• substitute the Service Period of a specific Support Incident to Service Period Emergency.

The License Type and Service Period for which Customer has purchased, and the License to the Service is limited to the quantities specified in each applicable Purchase. If this Agreement is terminated pursuant to the rights herein: (i) all Licenses granted and/or Purchased by Customer under this Agreement will terminate.

Services do not cover problems caused by the following:

• Unusual external physical factors such as inclement weather conditions that cause electrical or electromagnetic stress or a failure of electric power, air conditioning or humidity control; neglect; misuse; operation of software with other media not in accordance with the manufacturer’s specifications; or causes other than ordinary use; or
• Improper installation, actual or attempted modification, undertaken by Customer or any Third Party; or
• Third Party products and/or Devices that deviate from standard operating procedures as specified in product Documentation.

The Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Customer further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

Company strongly advises Customer to read the terms and conditions and privacy policies of any third-party web sites or services that Customer visits.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Account refers to the specific account created for Customer by Company and is the same account for any subsequent Customer access to or use of the Service.

• Active Support Incident means a Support Incident that is open, in-progress, or on-hold and is eligible for Support under Company Terms.

• Child refers to any person under 13 years of age.

• Closed Support Incident means a Support Incident that has been completed, resolved, fixed, mitigated, or otherwise satisfied and is ineligible for Support under Company Terms.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Fisher Group, LLC d/b/a PuterPunks.

• Customer means the person accessing or using the Service.

• Documentation means any user-guides or manuals, regarding the use and/or operation of Device hardware or software.

• Cookies are small files that are placed on a computer, mobile device, or any other device capable of browsing a website.

• County refers to: Los Angeles, California.

• Device means any hardware owned by Customer such as a computer, cellphone, digital tablet, or other hardware.

• Emergency License means the entitlement to Customer, for the right to substitute the Service Period of a specific Support Incident to Service Period Emergency.

• Incident means a issue or problem with the installation, operation, function, or other usage of a Device or Device software.

• Incident License means the entitlement to Customer, for the registration of a Support Incident in the Service.

• License means a license granted under the Scope of License.

• License Term means one (1) year from the Purchase date.

• License Type refers to Incident License or Emergency License.

• Minor refers to any person under 13 years of age.

• Personal Data means any specific identifiable information relating to Customer.

• Purchase means the purchase of any License and/or Service by Customer.

• Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal data to another business or a third party for monetary or other valuable consideration.

• Service refers to the Website and/or Support.

• Service Period means the period of time for which a Support Incident is eligible to receive Support, and refers to how many hours per day, days per week, and any exclusions.

• Service Period Emergency means a Service Period of 24 hours per day, 7 days per week, excluding national holidays.

• Service Period Family means a Service Period of 12 hours per day (07:00 AM through 07:00 PM PST/PDT), 7 days per week, excluding national holidays.

• Service Period Standard means a Service Period of 12 hours per day (07:00 AM through 07:00 PM PST/PDT), 5 days per week (Monday through Friday), excluding national holidays.

• Service Period Essentials means a Service Period of 12 hours per day (07:00 AM through 07:00 PM PST/PDT), 5 days per week (Monday through Friday), excluding national holidays.

• Service Provider means any person who provides Service on behalf of the Company. It also includes third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• Support means a request by Customer for assistance from the Company for the purpose of attempting resolution of a Incident.

• Supported Device means a Device that Customer has registered in the Service.

• Support Incident means a Incident that Customer has registered in the Service.

• Terms and Conditions (also referred as "Terms") mean those Terms and Conditions that form the entire Agreement between the Company and Customer regarding the Service to be provided and the cost of such Service.

• Third Party means any proprietary and/or open-source software or hardware that is not manufactured by the Company.

• Usage Data refers to historical data automatically collected by the Company including, but not limited to, the duration of a page visit and frequency of a page visit.

• Website refers to PuterPunks, accessible from https://www.puterpunks.com

• You means the person accessing or using the Service.

Contact Us

If there are any questions about these Terms and Conditions, the Company can be contacted:

• By email: info@puterpunks.com

• By visiting this website: Contact Us