Effective Date: August 19, 2025
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Punch Collective Inc. (“Punch Collective,” “we,” “us,” or “our”), a Michigan corporation with its principal place of business at 14200 Ironwood Dr NW, Grand Rapids, MI 49534.
By accessing, using, or participating in our website, services, or related offerings (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Services.
Eligibility
You represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction), have the legal capacity to enter into these Terms, and will use the Services in strict compliance with all applicable laws and regulations.
Permitted Use
You agree to use the Services solely for lawful purposes. You shall not:
- Copy, reproduce, distribute, modify, or create derivative works of any portion of the Services without prior written consent;
- Interfere with, disrupt, or compromise the integrity, functionality, or security of the Services;
- Use the Services for fraudulent, deceptive, or unlawful purposes;
- Circumvent, disable, or otherwise interfere with security features or access controls.
We reserve the right, in our sole discretion, to suspend, restrict, or terminate access to the Services for any violation of these Terms.
Intellectual Property Rights
All content, data, features, software, and materials made available through the Services are the sole and exclusive property of Punch Collective or its licensors. Nothing in these Terms shall be construed as granting any license or right to use any intellectual property of Punch Collective without our prior written authorization.
Accounts and Security
If you create an account, you are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. You agree to notify us immediately at info@punchcollective.com of any unauthorized use, breach of security, or compromise. We disclaim all liability for losses incurred due to your failure to safeguard account information.
Third-Party Services and Links
Our Services may reference or link to third-party websites or services. We do not endorse, control, or assume any responsibility for such third parties. Access to third-party services is at your own risk, and you release Punch Collective from any liability related to such use.
6. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PUNCH COLLECTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL PUNCH COLLECTIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU PAID TO PUNCH COLLECTIVE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless Punch Collective, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to:
- Your use or misuse of the Services;
- Your breach of these Terms or violation of applicable law;
- Any claim that your conduct infringes or misappropriates the rights of any third party.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to its conflict of law principles. Subject to the Arbitration provision below, the parties agree that the state and federal courts located in Kent County, Michigan, shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and you consent to personal jurisdiction and venue in those courts.
10. Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any aspect of the relationship between you and Punch Collective, whether sounding in contract, tort, statute, or otherwise, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Grand Rapids, Michigan, before a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
11. Modifications
We reserve the right to amend or update these Terms at any time in our sole discretion. Any modifications will be effective immediately upon posting to our website with an updated “Effective Date.” Continued use of the Services constitutes your acceptance of any modifications.
12. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
13. Entire Agreement
These Terms, together with any additional agreements or policies referenced herein, constitute the entire agreement between you and Punch Collective with respect to the subject matter and supersede all prior or contemporaneous understandings.
14. Contact Information
If you have any questions about these Terms, please contact us at:
Punch Collective Inc.
14200 Ironwood Dr NW
Grand Rapids, MI 49534
Email: info@punchcollective.com