A “Device” is any computer used to access the Services, including without limitation a computer, laptop, mobile phone, tablet or other consumer electronic device. You acknowledge that by your use of the Services you are authorizing Double Down Software LLC to collect and store data that you transmit from your Device for the purposes of delivering the Services. Other than as set forth in the warranty section below, you agree that Double Down Software LLC has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the services.
Our Services offer software applications and online storage of client data for use in conjunction with those applications. Double Down Software LLC uses several types of software: the first type provides computer, laptop, tablet, mobile phone, or other consumer electronic device system information to Double Down Software LLC which helps us to identify, diagnose, improve, and resolve any problems that you have encountered and/or problems that may arise in the future which pertain to and/or the successful performance and/or delivery of the Services, the second type of software stores client data and files you transmit between your Devices and servers managed or maintained by Double Down Software LLC. By using our Services, you are giving express permission to Double Down Software LLC to download, upload, capture, transfer, process, transmit, store, use, and provide the software and storage services described above (the “Double Down Software LLC Software”) for the purpose of delivering the Services. You are responsible for and Double Down Software LLC has no liability for securing and backing up your computer, laptop, tablet, mobile phone, or other consumer electronic device data or settings, all information stored on your computer, laptop, tablet, mobile phone or other consumer electronic device and all software on your computer, laptop, tablet, mobile phone, or other consumer electronic device.
THE TRANSMISSION, STORAGE, VIEWING, AND RETRIEVAL OF DATA AND FILES THROUGH THE WORLD WIDE WEB, INTERNET, OR ONLINE SERVICE, IS SUBJECT TO A VARIETY OF CONDITIONS THAT MAKE SUCH TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL POTENTIALLY UNRELIABLE. DOUBLE DOWN SOFTWARE LLC WILL MAKE ITS BEST EFFORTS TO SECURE AND MAINTAIN CUSTOMER DATA, HOWEVER DOUBLE DOWN SOFTWARE LLC DOES NOT GUARANTEE DATA STORAGE SERVICES OR GUARANTEE CUSTOMER DATA. YOU ARE SOLELY AND ULTIMATELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR COMPUTER, LAPTOP, MOBILE PHONE, TABLET, OR OTHER CONSUMER ELECTRONIC DEVICE BEFORE USING OR WHILE USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT DOUBLE DOWN SOFTWARE LLC OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES OR USE OF SERVICES.
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DOUBLE DOWN SOFTWARE LLC DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, VIRUS-FREE, OR SUCCESSFUL IN DELIVERING THE SERVICES. DOUBLE DOWN SOFTWARE LLC MAKES NO WARRANTY THAT THE SERVICES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD, OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In order to use certain Services, we may require that You register. During the registration process, You may be asked to designate, or we may designate for You, a user name and password. While we use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to us will be free from unauthorized intrusion. You understand that no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, you hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files you store in Your Account. We advise frequent changes to the Account password for better security. You are responsible for maintaining the confidentiality of any password or account information You receive from Double Down Software LLC, and are responsible for all activities that occur using that password or other account information. You must notify Double Down Software LLC immediately upon learning of any unauthorized disclosure or use of Your password or other account information. Double Down Software LLC has no liability for any unauthorized use of the Services under Your account or on Your Devices.
The fee for the Services will be charged directly on Your credit card, Apple, or Google Play account, and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes. You authorize a recurring monthly, annual charge, or a one-time charge as indicated by published standard plans or a customized quote provided for your specific use, in exchange for use of the Services and/or application. You also agree that the enrollment for the next service period is automatic and paid in advance. If we are unable to execute any applicable charges due to credit card denial or for any other reason, you will be notified via email. In case of non-action by the users or account holder, the account may be canceled. We may delay Account cancellation related to non-payment for the Services and provide a grace period of up to sixty (60) days from the due date to allow for the customer to arrange payment; however this will be done at our sole discretion. If the account is cancelled for any reason, we are not required to keep any user data and will promptly remove it.
The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions.
Your use of the Services is only for personal or commercial purposes, and not for resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the Services (“Content”) unless: (1) You use the Content solely for informational purposes; (2) Double Down Software LLC’ trademarks and copyright symbol and statement set forth on each page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content. The rights granted to You in connection with the Services constitute a license and not a transfer of title. Double Down Software LLC reserves the right to revoke the authorization to view, download and print the Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from Double Down Software LLC Except as expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Content from the Services in whole or in part without the prior written permission of Double Down Software LLC. Any rights not expressly granted herein are reserved by Double Down Software LLC.
You shall not: (a) “mirror” any Content on the Site on any other server without Double Down Software LLC’ prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of Double Down Software LLC or its customers or its suppliers, including but not limited to interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system.
We reserve the right, for any reason, in our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to You or to any third party for doing so.
All comments, feedback, information (other than your personally identifiable information or billing information) or materials submitted to Double Down Software LLC (“Submissions”) shall be considered non-confidential and Double Down Software LLC’ property. By providing such Submissions to Double Down Software LLC, You agree to assign to Double Down Software LLC, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Double Down Software LLC shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Submissions that You provide, and that You have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Any or all Submissions You provide in connection with the Services may be purged periodically in Double Down Software LLC’ sole discretion.
Double Down Software LLC may, from time to time, offer promotions to residents of other countries. You agree to comply with all applicable laws and regulations, including without limitation, the United States Department of Commerce. You represent and warrant that You are not on the United States’ prohibited party list and not located in or a national resident of any country on the United States’ prohibited country list.
Double Down Software LLC respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Double Down Software LLC is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If You make use of the Services, Software or Content, other than as expressly provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.
Double Down Software LLC, www.itimepunch.com, all Double Down Software LLC product names, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of Double Down Software LLC. Such trademarks, service marks and trade names may be registered in the United States and internationally. Nothing on the Site should be construed to grant any license or right to use any Double Down Software LLC marks without the written consent of Double Down Software LLC. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of Double Down Software LLC and its products, or (2) an endorsement of the company or its products by Double Down Software LLC.
This Site may contain hyperlinks to Web sites that are not controlled by Double Down Software LLC. Double Down Software LLC is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites. You may not provide any type of link to the Site without the express written permission of Double Down Software LLC. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
Your dealings with other entities promoted on or through the Services, 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 other entity. You agree that Double Down Software LLC 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 promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by Double Down Software LLC.
DOUBLE DOWN SOFTWARE LLC RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, DOUBLE DOWN SOFTWARE LLC WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION DOUBLE DOWN SOFTWARE LLC MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD DOUBLE DOWN SOFTWARE LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS.
IN NO EVENT SHALL DOUBLE DOWN SOFTWARE LLC, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR COMPUTER AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF DOUBLE DOWN SOFTWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF DOUBLE DOWN SOFTWARE LLC TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00.
The substantive laws of the State of Florida, United States of America, without reference to any conflicts of law principles that would require the application of the laws of any other jurisdiction, shall govern these Terms. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any action or proceeding arising from or relating to the Services shall be subject to the exclusive jurisdiction of the state or federal courts in Broward County, Florida, United States of America, and You expressly agree to submit to the personal and exclusive jurisdiction and venue of these courts. Notwithstanding the foregoing, Double Down Software LLC may bring an action to protect or enforce its intellectual property rights in any applicable jurisdiction.
These Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of the Terms is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect any other provision of the Terms.