Terms of Service (TOS)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

Definition of Terms

a. WebInnovex Inc. is referred to herein as "WebInnovex," "we," "us," or "our."

b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer."

c. The equipment and software owned, leased, used by, or maintained for or by WebInnovex are referred to herein as "the XPunch system" or "system."

d. Information stored in and/or gathered by XPunch's system about the user, user's files, and user's system usage (user's meta-information) are referred to herein as "user data."

 


Disclaimer


 

General

The information contained on this Site relates to WebInnovex information, products and services. It also includes information, data and keys developed by other parties.

 

The content of this Site is protected by copyright law. Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under copyright law, no part may be reproduced or reused for any commercial purposes whatsoever without the prior written permission of the copyright owner.  You may use material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

 

Terms and Conditions – General

Welcome to XPunch! WebInnovex provides the XPunch service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.  You agree to continue to be bound by these terms. We will give you notice of changes by publishing revised terms and conditions in this Site - we will not separately notify you of these changes.  You can review the most current version of the TOS at any time at by returning to this Disclaimer page. Please note that other WebInnovex services, outside of XPunch, are governed by a different TOS.

 

The XPunch Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the XPunch Web Site constitutes your agreement to all such terms, conditions, and notices.

 

This Agreement is between WebInnovex Inc. ("WebInnovex") and you ("you" or "Customer"), as an authorized user of XPunch Services, and governs the terms and conditions of your use of XPunch Services. The TOS, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by WebInnovex (collectively, the "Agreement") constitute the entire agreement between you and WebInnovex and govern your use of the XPunch Service (also known as the “Service”), superseding any prior agreements between you and WebInnovex or XPunch (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other WebInnovex services, third-party content or third-party software. The TOS and the relationship between you and WebInnovex shall be governed by the laws of the Province of Quebec without regard to its conflict of law provisions. You and WebInnovex agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Montreal, Quebec. The failure of WebInnovex to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

The XPunch Web Site is made up of various Web sites and Web pages operated by WebInnovex Inc., Montreal, Quebec, Canada or its affiliates (collectively, the "XPunch Web Sites"). This Terms of Use and Notices apply to the XPunch Web Sites and does not apply to the content of third parties.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WebInnovex Inc. as a result of this agreement or use of the XPunch Web Sites/Services. You agree to indemnify and hold WebInnovex, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use the XPunch Sites/Services

 

Professional Advice

The information provided on this site does not constitute business, medical or other professional advice, and is subject to change.  Information obtained from this Site should not be used as a substitute for consultation with competent professional advisers. Before making any decision or taking any action, you should consult professional advisers with expertise in your area of interest.

 

Correctness of Information

All information provided is believed to be accurate and reliable. We will make changes, updates and deletions as required and make every effort to ensure the accuracy and quality of the information provided. However, WebInnovex cannot guarantee the timeliness, correctness or completeness of information, nor do we assume responsibility for any errors and are not liable for any damages of any kind resulting from the use of, or reliance on, the information contained herein.  No warranty of any kind is given, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.  In no event will WebInnovex be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

 

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

Documents specified above do not include the design or layout of the XPunch Web site or any other WebInnovex owned, operated, licensed or controlled site. Elements of XPunch Web Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any WebInnovex Web site may be copied or retransmitted unless expressly permitted by WebInnovex.

 

WEBINNOVEX AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

 

Continuity of Service

WebInnovex reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WebInnovex shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.  The user assumes the risks of verifying any materials used or relied on, and the risk that service may be intermittent. 

 

Communication

Communications made through this electronic mail and message system shall in no way be deemed to constitute legal notice to WebInnovex or any of its agencies, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against WebInnovex or any of its agencies, officers, employees, agents, or representatives, where notice to the WebInnovex is required by any federal, provincial or local laws, rules, or regulations.

 

“Off Site” Links

Due diligence is performed to ensure "Off Site" links are valid and appropriate but when selecting an "Off Site" link you are leaving the XPunch Web site. A link does not imply an endorsement of a site; likewise, not linking to a particular site does not imply lack of endorsement.  The content of and/or views expressed on "Off Site" web pages and links are strictly those of the external agency, organization or business. WebInnovex bears no responsibility for the information, graphics or links.  The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. WebInnovex reserves the right to accept or deny any requests for off site links.

 

Links from or to web sites outside the Site are meant for convenience only. Linking to any other site is at your sole risk and WebInnovex will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and WebInnovex is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

 

WebInnovex specifically disavows legal responsibility for what a user may find on another site, or for personal opinions of individuals posted on any site, whether or not operated by WebInnovex.

 

Description of Service

XPunch currently provides users with access to time-management services (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new XPunch resources, shall be subject to the TOS.  In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access.  In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

 

Registration Obligations

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WebInnovex has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WebInnovex has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also understand and agree that the service may include certain communications from WebInnovex or XPunch, such as service announcements, administrative messages and the XPunch Newsletter, and that these communications are considered part of XPunch membership and you may not be able to opt out of receiving them.

 

Payment of Fees.

WebInnovex offers its Service, as described on the XPunch website (xpunch.com) and as published within the Service, for monthly or annual fees (the "Fees") which you will pay to WebInnovex by authorized credit card. The Fees applicable for the Service are available at www.xpunch.com and as published within the Service. WebInnovex reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email or the Service's internal messaging system). In the event you cancel the Service, WebInnovex will not refund any Fees already paid by you.

 

In the case of automatic payments, your XPunch account will be considered delinquent if your credit card company or our third-party payment supplier refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. WebInnovex may impose a charge to restore archived data from delinquent accounts.

 

If you believe WebInnovex has billed you incorrectly, you must contact WebInnovex no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to XPunch's Customer Support department (support@webinnovex.com).

 

WebInnovex may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by WebInnovex thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.

 

Trial Offers, Coupons, Credits and Special Offers.

WebInnovex reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with the XPunch Enterprise Edition entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer. At the end of the trial period, You must extend your subscription by purchasing a service Plan that meets your needs in order to continue the Service.  If You wish to terminate the trial and do not wish to subscribe to a plan, You simply need to let your subscription lapse, without purchasing a plan.

 

 

WebInnovex Privacy Policy

Pursuant to WebInnovex’s privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, governmental request, to enforce the TOS, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. For more information, please see our full privacy policy at:  http://xpunch.com/Privacy.htm

 

Monitoring

WebInnovex has no obligation to monitor the use of the Service by members. You acknowledge and agree that WebInnovex reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Service constitutes consent to such monitoring.

 

Termination

You agree that WebInnovex, in its sole discretion, may terminate your password, the XPunch site, use of the Service or use of any other WebInnovex service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if WebInnovex believes that you have violated or acted inconsistently with the letter or spirit of the TOS. WebInnovex may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that WebInnovex may immediately deactivate or delete your XPunch access and all related information and files in your XPunch portfolio and/or bar any further access to such files or the Service. Further, you agree that WebInnovex shall not be liable to you or any third-party for any termination of your access to the Service.

 

Advertisements and Promotions

WebInnovex runs advertisements and promotions on XPunch website pages. By subscribing to the Service, you agree that XPunch has the right to run such advertisements and promotions. The manner, mode and extent of advertising by WebInnovex on the XPunch Web Sites is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WebInnovex shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 

WebInnovex Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WebInnovex or advertisers, 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.

 

WebInnovex grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software, if any, on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WebInnovex for use in accessing the Service.

 

All content and software (if any) that is made available to view and/or download in connection with the XPunch Site/Services, excluding content and/or software that may be made available by end-users through a Communication Service, Software is owned by and is the copyrighted work of WebInnovex Inc. and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

 

For any Software not accompanied by a license agreement, WebInnovex Inc. hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular XPunch Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

 

Copyright and Trademark Notices

All contents of the XPunch Web Site are: Copyright © 2003 WebInnovex Inc. and/or its suppliers, Montreal, Quebec, Canada. All rights reserved.

 

TRADEMARKS. WebInnovex, XPunch, XPunch Logo, and/or other WebInnovex products and services referenced herein may also be either trademarks or registered trademarks of WebInnovex in the United States, Canada and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBINNOVEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WORKMANLIKE EFFORT AND NON-INFRINGEMENT.

(b) WEBINNOVEX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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, AND (V) ANY ERRORS IN THE SOFTWARE OR SERVICE 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 THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBINNOVEX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL WEBINNOVEX'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBINNOVEX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBINNOVEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE XPUNCH SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE XPUNCH SITES/SERVICES AND TO THE INFORMATION THEREIN.

 

 

 

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Notice

Notices to you may be made via either the Service's internal messaging system, email, or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

 

Member Account, Password, and Security

The XPunch Web Sites may require you to open an account where you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify WebInnovex immediately of any unauthorized use of your account or any other breach of security. XPunch will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by XPunch or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

 

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any WebInnovex server, or the network(s) connected to any WebInnovex server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any XPunch Sites/Services, other accounts, computer systems or networks connected to any WebInnovex server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

 

Minors

If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; and (c) the consequences of any use of the Service by such Minor. Children under the age of 13 should not register for any Service hereunder. At various places on the Service, we may ask whether users are under the age of 18 or 13. WebInnovex relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.

 

Materials Provided to WebInnovex

WebInnovex is pleased to hear from users and welcomes your comments regarding XPunch and other WebInnovex programs and services. WebInnovex's longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by WebInnovex’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they shall be deemed, and shall remain, the property of WebInnovex, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to WebInnovex and that you own or otherwise control all of the rights to your Comments as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Comments. Disclosure, submission, or offer of any Comments shall constitute an assignment to WebInnovex of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. WebInnovex, its affiliated companies and necessary sublicensees may edit, reformat, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to WebInnovex and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. WebInnovex is and shall be under no obligation to: (1) maintain any of your or any user's Comments in confidence; (2) to pay to you or any user any compensation for any Comments; (3) post or use any Comment you may provide; or (4) to respond to any of your or any other user's Comments.

 

Violations

Please report any violations of the TOS to support@webinnovex.com . 

 

© 2003 WebInnovex Inc.