PUNGU, LLC. – CAPTURELEAVE.COM SERVICE AGREEMENT
THE FOLLOWING, WHEN ACCEPTED BY YOU (WHETHER AS AN INDIVIDUAL, OR IF APPLICABLE, ACTING AS THE REPRESENTATIVE OF A COMPANY, CORPORATION OR OTHER ENTITY) SHALL CONSTITUTE YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THIS AGREEMENT CAREFULLY. TO ACCESS THE CAPTURELEAVE WEBSITE AND SERVICE, YOU MUST INDICATE YOUR ACCEPTANCE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CHECKING “YES, I HAVE READ AND AGREE TO THE CAPTURELEAVE SERVICE AGREEMENT”.
PUNGU, LLC. SHALL BE REFERRED TO IN THIS AGREEMENT AS “CAPTURELEAVE.COM”, “US” OR “WE”.
OUR SERVICES AND THE CAPTURELEAVE WEBSITE SHALL BE REFERRED TO IN THIS AGREEMENT AS “THE CAPTURE LEAVE SERVICE”, THE “SERVICE” OR THE “CAPTURELEAVE WEBSITE”.
“YOU” MEANS YOU INDIVIDUALLY, AND IF YOU ARE REPRESENTING AN ORGANIZATION, IT ALSO INCLUDES THE ORGANIZATION THAT YOU REPRESENT.
1. ACCEPTANCE OF TERMS
Everyone who uses the Service – including trial versions of the Service – shall be bound by this Agreement. If you do not agree to the terms and conditions set forth below, then you should not access or use the Service.
Upon your acceptance of this Service Agreement and payment of all usage fees due (except in the case of a “free trial” program), We will grant you nonexclusive access to the Capture Leave Website, which provides tools that will enable you to create, manage and track employee absences and leave. Unless you are participating in our “free trial” program, you must pay all usage fees (see Section 4.1 below) for you and all Capture Leave Service users (“Enrollees”) prior to accessing the Capture Leave Service. If you are participating in our “free trial” program, you must pay all usage fees after the trial period to continue to access the Capture Leave Service. You agree to not access the Service by any means other than through the interfaces that are provided by CaptureLeave.com. The Capture Leave Service may include certain communications from CaptureLeave.com. As part of your Capture Leave Service you will not be able to opt out of receiving certain of these communications that relate to the Service, and you acknowledge and agree that CaptureLeave.com can send such communications as a part of the Service.
To access the Service and set up your account, you will be asked to provide CaptureLeave.com with the following personal and/or organizational information, in addition to other information that we may request: Your name and the name of the organization you represent, your email address, your postal address, phone number and fax number or the address, phone number and fax number of the organization you represent, the names and email addresses of Enrollees, and the total number of employees employed at the organization you represent.
In consideration of your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself and/or your organization, and (ii) maintain and promptly update during the term of this Agreement your personal/organizational information to keep it true, accurate, current and complete. If CaptureLeave.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, you agree that CaptureLeave.com may suspend and/or terminate your or your organization’s account.
Upon completion of the registration process, we will send an automatically generated password to the email address you provided. You are responsible for maintaining the confidentiality of the password and of controlling access to your account. You are fully responsible for all activities that occur under your password or with respect to your account. You must ensure that all uses of your account and password comply with this Agreement. Your password and account may not be shared, and you may not permit any other person to use them, other than an authorized CaptureLeave.com representative.
4.0 TERM AND TERMINATION
This Agreement commences on the date of acceptance by you of this Agreement and continues until terminated by CaptureLeave.com or you in accordance with the terms of this Agreement.
After your free trial, to continue receiving the Service, you must pay a monthly (minimum contract period is three (3) months) usage fee of $25.00 (U.S dollars) for up to 15 enrollees/participants (“Enrollees”). This is a recurring fee and is charged monthly. To add Enrollees, please follow the instructions outlined on our website at www.captureleave.com. The cost to add Enrollees is also provided at our website.
You may terminate the Service by giving written notice (via email or by letter) to CaptureLeave.com. If you cancel the Service, your cancellation will take effect within five days of our receipt of your notice. CaptureLeave.com will not be required to refund any fees for the month in which CaptureLeave.com receives your termination notice or in which CaptureLeave.com effects your cancellation. After cancellation, you will no longer be able to access the CaptureLeave.com Website or Service and all information contained therein may be deleted by CaptureLeave.com. You agree to release CaptureLeave.com from any liability for the deletion of such information or content.
CaptureLeave.com may, under certain circumstances and without prior notice, immediately terminate your access to the Service and the CaptureLeave.com Website. Cause for such termination shall include, but not be limited to (a) breaches or violations of the Agreement, including the failure to pay fees that are due, (b) requests by law enforcement or other government agencies, (c) a request by you, or (d) suspected illegal or immoral behavior. Such termination of the Service may result in the forfeiture and relinquishment of all of your or your company’s information and/or content on the CaptureLeave.com Website.
The following provisions will survive any expiration or termination of the Agreement:
Sections 7, 8, 9, 10, 13, 14, 15, and 16.
6. RESTRICTIONS ON USE OF SERVICE
(a) No Offensive Content. You agree that you will not use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind.
(b) No Illegal Material Or Encouragement Of Illegal Behavior. You agree that you will not use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, rule or regulation. You agree that you will not use this site to commit a crime, or to plan, encourage or help others to commit a crime.
(c) No Violation Of Copyright, Trademark Or Trade Secret Rights. You agree that you will not use the CaptureLeave.com Website to publish, post, distribute or disseminate another's proprietary information, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder.
(d) No “Spamming,” Advertisements Or Chain Letters. You agree that you will not use, or allow others to use, your account or use the information available through the CaptureLeave.com Website, to post, transmit, promote, or facilitate the distribution of any advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation. You will not post or transmit requests for money, petitions for signature, chain letters or letters relating to pyramid schemes. We reserve the right, in our sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation.
(e) No “Hacking.” You agree that you will not use, or allow others to use, your account to unlawfully access other computers or services, or to cause a disruption of service to other CaptureLeave.com Website users.
(f) No Impersonation Of Others. You agree that you will not use the Service to impersonate another user or otherwise falsify one's user name in an e-mail or in any post or transmission to any person, group or mailing list.
(g) No “Viruses.” You agree that you will not use, nor allow others to use, your account to intentionally transmit computer “viruses,” or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software programs.
(h) Corporate Policies. You agree to comply with all procedures and policies in effect at the organization you represent (“Corporate Policies”).
(i) CaptureLeave.com’s Right to Remove. CaptureLeave.com reserves the right not to post any data or materials to, or to remove any data or materials from, its site without notice to you or any other user and without liability to CaptureLeave.com. You agree to release CaptureLeave.com from any claims or allegations that may result from such removal. Further, you agree to release CaptureLeave.com from any liability, cost or damage arising out of any action or inaction of any Enrollee or other user of the CaptureLeave.com Website or the Service that is in violation of law or of this or any other agreement with CaptureLeave.com or with any Corporate Policies.
7. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
The Service and the CaptureLeave.com Website may not be used for any purpose not expressly permitted by this Agreement. Your use of the Service and the CaptureLeave.com Website does not transfer to you any ownership or other rights in the Service or CaptureLeave.com Website or its content. You agree to refrain from copying, imitating, reproducing, republishing, uploading, posting, transmitting, modifying, reverse engineering, indexing, cataloguing or distributing in any way, in whole or in part, the Service or the CaptureLeave.com Website or any part thereof without express written permission from CaptureLeave.com.
You are responsible for all activity (other than that of CaptureLeave.com) occurring on your pages of the CaptureLeave.com Website. You agree to abide by all applicable local, state, federal and international laws, treaties and regulations and all Corporate Policies in connection with your use of the Service. You are responsible for maintaining the security and overseeing your pages of the CaptureLeave.com Website and the activities that occur through your account, including those of your Enrollees.
You agree to (a) notify immediately CaptureLeave.com of any unauthorized use of your password or account, or any other breach of security or of this Agreement of which you become aware, and (b) exit from your account at the end of each session.
You agree that all user names and passwords remain the property CaptureLeave.com and may be cancelled, changed or suspended at any time by CaptureLeave.com without notice and without CaptureLeave.com incurring any liability for the same. CaptureLeave.com is not under any obligation to verify the actual identity or authority of any user who has accessed the CaptureLeave.com Website via your user name and password.
You agree that CaptureLeave.com is not liable for any loss or damage from your failure, or an Enrollee’s failure, to fully comply with the terms of this Agreement. Under no circumstances will CaptureLeave.com be liable, in any way, for any such acts of commission or omission by you or an Enrollee, including any damages of any kind incurred as a result of such acts of commission or omission.
8. ACCOUNT HOLDER/USER/ENROLLEE OBLIGATION & RESPONSIBILITIES
You are permitted to post content on your pages of the CaptureLeave.com Website (“Content”). CaptureLeave.com is not responsible for any Content that you upload, post, transmit or otherwise make available via the Service.
You hereby agree that you are the owner or validly authorized licensee with respect to any and all Content provided by you for use on the Service, and you hereby grant to CaptureLeave.com a worldwide, non-exclusive license to copy, store, transmit, digitally display and otherwise distribute such content to your Enrollees as part of the Service.
Under no circumstances will CaptureLeave.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. CaptureLeave.com has the right to remove any Content that in CaptureLeave.com’s sole judgment violates the spirit or letter of this Agreement or with respect to which CaptureLeave.com receives any complaint or allegation of infringement.
9. WARRANTIES AND DISCLAIMERS
(A) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. CAPTURELEAVE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. CAPTURELEAVE.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
(B) CAPTURELEAVE.COM DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM CAPTURELEAVE.COM’S DATA CENTER AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS TAKEN OR THE FAILURE TO ACT BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH YOUR OR AN ENROLLEE’S CONNECTION TO THE INTERNET MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH CAPTURELEAVE.COM WILL USE COMMERCIALLY REASONABLE EFFORTS AS IT DEEMS APPROPRIATE TO AVOID AND ADDRESS SUCH OCCURRENCES, CAPTURELEAVE.COM CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, CAPTURELEAVE.COM DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH OCCURRENCES.
CAPTURELEAVE.COM DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE WEBSITE OR RELATED SOFTWARE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
10. LIMITATIONS OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL CAPTURELEAVE.COM BE LIABLE TO ANY THIRD PARTY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR TO YOU FOR ANY LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF THE SERVICE OR INTERRUPTION IN YOUR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
YOU AGREE THAT CAPTURELEAVE.COM, ITS AFFILIATES, OWNERS, SHAREHOLDERS, EMPLOYEES, OFFICERS AND AGENTS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, WHETHER DIRECT OR INDIRECT, RESULTING FROM DELAYS OR INTERRUPTIONS OF SERVICE DUE TO MECHANICAL, ELECTRICAL OR OTHER DEFECTS OR DIFFICULTIES, STORMS, STRIKES, WALK-OUTS, EQUIPMENT OR SYSTEMS FAILURES, OR OTHER CAUSES OVER WHICH CAPTURELEAVE, ITS AFFILIATES, OWNERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, OR AGENTS AGAINST WHOM LIABILITY IS SOUGHT, HAVE NO REASONABLE CONTROL, OR FOR LOSS OR DAMAGE, DIRECT OR INDIRECT, RESULTING FROM INACCURACIES, ERRONEOUS STATEMENTS, ERRORS OF FACTS, OMISSIONS, OR ERRORS IN THE TRANSMISSION OR DELIVERY OF SERVICES, OR ANY DATA PROVIDED AS A PART OF THE SERVICE.
10.3 MAXIMUM LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CAPTURELEAVE’S MAXIMUM AGGREGATE LIABILITY TO YOU RELATED TO OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU IN THE PRECEDING SIX MONTH PERIOD TO CAPTURELEAVE FOR THE SERVICE.
11. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by CaptureLeave.com in connection with the Service, if you elect to download or access such additional software, you understand that you may be required to agree to additional terms and conditions before you use such software.
12. EXTERNAL LINKS
The Service or the CaptureLeave.com Website may provide links to other Internet sites or resources. CaptureLeave.com has no control over such sites and resources and is not responsible for any damage or loss resulting from your access or use of such site.
You (including the organization you represent) agree to indemnify, reimburse, defend and hold harmless CaptureLeave.com, and its subsidiaries, affiliates, related entities, officers, directors, shareholders, agents, co-branders or other partners, employees, customers, successors and assigns from any liability, cost, expense, loss, claim or demand, including attorneys’ fees and costs (collectively, “Losses”) resulting or arising from any breach of any part of this Agreement, any use of the Service or any loss arising out of the conduct of business by you, including but not limited to any of the following actions taken by you, your Enrollees, or other representatives of you or users of the Service through your account: (a) infringement or misappropriation of any intellectual property rights; (b) defamation, libel, obscenity, slander, pornography, or violations of rights of privacy or publicity; (c) spamming or other offensive, harassing or illegal conduct or action; or (d) any other violations of applicable law or regulation or Corporate Policies.
Each party agrees to provide prompt written notice of the existence of any Loss or potential Loss of which it becomes aware, and CaptureLeave.com shall have an opportunity to participate in the defense thereof.
CaptureLeave.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or to modify usage fees with 30 days notice. You agree that CaptureLeave.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. INTELLECTUAL PROPERTY
The Service and all applicable software/programming code, trademarks, marketing systems, etc. used in connection with the Service (“Software”) contain proprietary and confidential information of CaptureLeave.com that is protected by U.S. law and international treaties. Except as expressly authorized in writing by CaptureLeave.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You further agree not to make any use of CaptureLeave.com’s trade or service marks, except as specifically authorized by CaptureLeave.com.
16.1 FORCE MAJEURE
Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such a cause, and (b) uses commercially reasonable efforts to promptly correct such a failure or delay in performance.
16.2 GOVERNING LAW
173 Sears Avenue, Suite 282
Louisville, KY 40207
All correspondence regarding this agreement should be sent to: