Punchbugg, LLC, is an online marketplace that allows third-party vendors (each a “Provider” and collectively “Providers”) to offer errand and chore services (“Services”) to customers of such services (“Customers”). As a subscriber to this site, either as a Provider or Customer, you hereby acknowledge that (i) you are aged eighteen (18) years or older; (ii) any Services will be performed by independent Providers that are not affiliated with Punchbugg; (iii) Punchbugg does not control and is not responsible for the content submitted by Providers or Customers through its platform and you may be exposed to content that is inaccurate, misleading, or offensive; (iv) any dealing, exchange of data or funds, or other interaction between a Customer and a Provider, including payment for and delivery or fulfillment of Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between such Customer and Provider; (v) Punchbugg has no control over and no duty to take action regarding any interactions or dealings you have with anyone on this platform, including, but not limited to the provision of Services; and (vi) Punchbugg is not responsible for the accessibility or unavailability of any Provider or for a Customer’s satisfactory interactions or dealings with any Provider. Punchbugg does not endorse and is not responsible or liable, indirectly or directly, for any content, data, advertising, goods or services available or unavailable from, or through, any Provider or Customer, or the use and reliance thereof. You should conduct whatever investigation that you deem necessary or appropriate before entering into any engagement with a Customer or Provider, as applicable.
Punchbugg makes no representations or warranties of any kind, express, implied, statutory or other, with respect to ANY CUSTOMER, PROVIDER OR Services and you hereby waive, release and discharge Punchbugg from any and all claims or liability related to SUCH CUSTOMER, PROVIDER OR Services (including the specific services provided, or any property damage, injury or death resulting therefrom).
Limitation of Liability: IN NO EVENT SHALL PUNCHBUGG BE LIABLE TO CUSTOMER OR PROVIDER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PUNCHBUGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN ADDITION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF PUNCHBUGG ARISING OUT OF OR RELATED TO YOUR USE OF THIS APPLICATION, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL OF THE AMOUNTS PAID TO PUNCHBUGG BY YOU IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Indemnification: You shall indemnify, defend and hold harmless Punchbugg and its members, employees, agents, subcontractors, successors and assigns (each, including Punchbugg, a “Punchbugg Indemnitee”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees (collectively, “Losses”), incurred by a Punchbugg Indemnitee to the extent that such Losses arise out of or relate to: (i) a breach by you of any representation, warranty, covenant or obligation under our Terms and Conditions; (ii) the negligent acts or omissions of you; or (iii) any Services (including the specific services provided, or any property damage, injury or death resulting therefrom).