LAST UPDATED: NOV 10, 2018
By using and/or registering to become a member of DuckPunk, you are stating that you understand and agree to be bound by the terms and conditions of this DuckPunk’s user agreement (the “agreement”). Please read this agreement. If you disagree with anything in this agreement, please do not use DuckPunk or any of the services provided in connection with DuckPunk. If you have any questions regarding this Agreement, please feel free to contact us.
To use DuckPunk and gain access to any protected content, you must purchase your own, personal membership subscription and register to become a member (“Member”). Only one person can be registered per membership. Memberships cannot be shared or combined. If a member is caught sharing their membership with other non-paying members, your membership account will be terminated.
As a Member, you will have access to various services to which non-Members do not have access. If you would like to register to become a Paid Member and gain full access to DuckPunk and all our software training classes, business reports and audio/video tutorials online, please do so.
Your personal username (i.e., eMail address) and password belong to you and cannot be shared with anyone. If you are found sharing your membership login information with other non-paying members, your membership account will be terminated.
When you complete the new Member registration process, you agree to: provide true, accurate, current and complete information as prompted by the registration form, maintain and update such information to keep it true, accurate, current and complete at all times, and that you are the age that you state.
If any information provided by you on the registration form is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to so believe, we have the right to suspend or terminate your membership and to refuse to provide you with any future membership. If we have reason to believe that you have registered someone other than yourself, we will cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right, in our sole discretion, to disclose any information you provided to us in connection with such registration.
DuckPunk makes a good faith effort to prohibit registration as a Member by, and will not knowingly connect or store personal information from, children under the age 18 as governed by law.
We reserve the right to modify or discontinue, temporarily or permanently, DuckPunk (or any part thereof) with or without notice. You agree that DuckPunk shall not be liable to you or to any third party for any such action.
“Lifetime Memberships” are defined as having membership access to DuckPunk for the “lifetime” this website stays open for business. If, for any reason, DuckPunk were to close tomorrow, that would “end” all “lifetime memberships.” Again, “lifetime” refers to the “lifetime” of our website (not a “human” life).
DuckPunk reserves the right to raise or lower any and all fees with regard to any monthly membership plans at its sole discretion to help offset costs of maintaining operations at DuckPunk.
In no event will you be charged for access to any section of DuckPunk, or as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have permission to access paid content or special training services offered by DuckPunk.
Please contact us for further information or questions about our Fees Policy.
“Lifetime Memberships” do not need to be cancelled; they last for the “lifetime” of this website.
If you have a monthly (or other package) membership subscription, you may cancel your membership at any time. Simply contact our office to submit your request to cancel your membership in writing. Also, if you paid through PayPal, you can login to your PalPal account and cancel the subscription payments within your PayPal account.
We will send you an eMail confirmation to the eMail address you supply us to inform you that your membership has been cancelled. See our REFUND POLICY below for information regarding refunds.
When you cancel your membership, your account will remain open until your paid monthly cycle expires. You will not be recharged at the end of your monthly billing cycle if you cancel before or within 3 days after your billing cycle is to occur.
Please contact us for further information or questions about our Cancellation Policy.
You have until 3 days after the date you initially register to become a paid Member of our site (or after your credit card is billed for your monthly cycle) to cancel and request a full refund. After 3 days, your membership is active and there are no refunds available.
This policy has only been adopted because of necessity. DuckPunk is always open to abuse by people who signup for our service, come inside and learn what they want within a short period of time and then request a full refund.
At DuckPunk, we make every effort to keep our clients and members happy. Refunds are only issued to the same eMail address and credit card they were originally purchased with.
Please contact our office for further information or questions about our Refund Policy.
PRODUCT RETURN POLICY
Regarding physical products, such as books, CDs, DVDs, and the like, there are no returns, unless defective or damaged during shipping. Item(s) returned for credit or exchange must be in new condition and in the original container as you received it from us.
DuckPunk ships all products via USPS or UPS Ground unless otherwise stated. We generally ship orders after payment processing is complete. If you have any questions about the status of an order, you can contact us online.
PRODUCT RETURN POLICY
DuckPunk offers a 30 day money-back guarantee on all books, CDs and home-study products, less a 10% restocking fee if those products are returned in resellable condition. You may exchange your product for another product of equal or less value with NO stocking fee. If you choose to exchange your product for another product, there is no refund or exchange available on the second product. THERE ARE NO REFUNDS ON SHIPPING, SOFTWARE OR TEMPLATE FORMS (including forms CDs or NCR forms included in a home study package) OR DIGITAL DOWNLOADS.
- Any request for a return must be made in writing through our convenient online form 30 calendar days from receipt.
- Before returning a product the customer must first obtain a Return Merchandise Authorization number (R.M.A.#) issued by DuckPunk. Contact us through our convenient online form and will issue you such number.
- All returns must display the R.M.A.# on the outside of the returned package. All returns must include the actual product in resalable condition with the forms CD seal unbroken. All packages must be sent back Return Receipt through the U.S. postal system or signature required through a recognized carrier (i.e. FedEx, UPS, DHL, etc.) within TEN (10) DAYS of the issuance of an RMA#. DuckPunk is not responsible, and will not issue a credit for any returned package lost in shipping and/or not received with 10 calendar days of the issued RMA#. The customer is responsible for all shipping costs, insurance (optional), tracking (optional) in returning the product. It is your responsibility to package the product well enough to avoid damage during shipping!
- Any item returned without an R.M.A.# will be refused and returned at the customer’s expense.
- The refund on an authorized return will be issued within 5 business days of receipt of the authorized returned product. No refund will be issued, regardless of receipt, on any unauthorized return.
Note: If returning an item(s) from outside the U.S., please contact your customs officials or taxing authorities to get the proper clearances to get the product back into your country without being liable for duties, fees or taxes on a repaired item(s). Please contact us online for further information or questions about our Product Return Policy.
Following are some basic rules that apply to DuckPunk and that you agree to follow. If you violate any of DuckPunk rules, or if we have reasonable grounds to so believe, we have the right to deny you access to DuckPunk, to suspend or terminate your membership and to refuse to provide you with any future membership.
You agree not to use DuckPunk to upload, store, post, eMail or otherwise transmit any: material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful, racist, bigoted or otherwise objectionable, material that you do not have a right to transmit under any law or under contractual or fiduciary relationships, material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted, or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Additionally, you agree not to: impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through DuckPunk; disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of DuckPunk are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges; interfere with or disrupt DuckPunk or servers or networks connected to DuckPunk, or disobey any requirements, procedures, policies or regulations of networks connected to DuckPunk; try to gain access to areas that are private to DuckPunk administrators or to other DuckPunk users; violate any applicable local, state, national, or international law or any regulation having the force of law; stalk or otherwise harass another; harm minors in any way, including, without limitation, to establish unlawful contact with minors (whether on or off DuckPunk); collect or harvest screen names; collect or store personal data about other users of DuckPunk; or solicit or attempt to discover a user’s password, screen name, or other registration information without the user’s express knowledge and consent; engage in or run raffles, lotteries, contests or sweepstakes; promote or provide instructions of information about how to engage in illegal conduct or commit illegal activities, promote physical harm or injury, or promote any illegal act; or store any information or use any Web page or directory you create for remote loading or as a door or signpost to another Web page, whether inside or outside DuckPunk.
You acknowledge that we do not prescreen material posted or transmitted on DuckPunk, but that we and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on DuckPunk, including but not limited to message board posts, profiles, and member-to-member messages. Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem is otherwise objectionable.
You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any material violates the right of third parties; or in our sole judgment, protect the rights, property, or personal safety of DuckPunk, its users and the public.
A Public Area (“Public Area”) of DuckPunk is any area where you may submit material (“Submissions”) for viewing by others or view Submissions of other DuckPunk users, such as profiles, forums, or award programs. In some of these areas, a Submission includes the name, ID, nickname, and/or other information that would be displayed with the submitted material, as applicable. You agree to use Public Areas in accordance with the Agreement and any policies for the Public Areas that are displayed on DuckPunk.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY DuckPunk AND HOLD IT HARMLESS FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public Area, you automatically grant DuckPunk the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also permit any other user of the DuckPunk Site to access, view, store, or reproduce the Submission for that user’s personal use.
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such site or location of its contents. DuckPunk shall not be responsible for any information, software, or links found at any other World Wide website, Internet location, or source of information, for your use of such information, or for eCommerce transactions conducted at or through any linked site or location.
DISCLAIMER OF WARRANTIES
You expressly agree that your use of DuckPunk, including, without limitation, any material and/or data developed by DuckPunk or by third parties (“information providers”), is at your sole risk. DuckPunk, and any content or materials available through DuckPunk, are provided on an “as is” and “as available” basis and without warranty of any kind, express, implied or statutory. DuckPunk and the information providers hereby expressly disclaim all such warranties including, without limitation, any implied warranties or merchantability, fitness for a particular use or purpose, title, or noninfringement, or any warranty as to results that may be obtained through the use of DuckPunk. DuckPunk does not represent or warrant that DuckPunk will function without interruption, that DuckPunk is error- or defect-free, that any such defects or errors will be corrected, or that DuckPunk and the server(s) that make DuckPunk available are free of viruses or other harmful components.
No advice or information, whether oral or written, that you obtain from DuckPunk or otherwise through your use of DuckPunk shall create any warranty on the part of DuckPunk or the information providers. Further, DuckPunk and the information providers do not warrant or represent that the use or the results of the use of any content or materials made available through DuckPunk or from third parties will be correct, accurate, timely, reliable or otherwise.
LIMITATIONS ON LIABILITY
In no event shall DuckPunk, the information providers or any other person or entity involved in creating or distributing DuckPunk be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability (including, without limitation, tort, including negligence and strict liability, breach of contract or breach of warranty), that result from your use or inability to use DuckPunk, any changes to DuckPunk or this agreement, unauthorized access to or alteration of your transmission of data, any material or data sent or received or not sent or received, or any transactions entered into through DuckPunk. DuckPunk is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
If you are dissatisfied with DuckPunk or the services, content or materials available on or through DuckPunk, your sole and exclusive remedy is to discontinue using DuckPunk.
The foregoing limitations on liability shall be applicable even if DuckPunk or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
ALLOCATION OF RISK
You agree that the disclaimer of warranties, limitations on liability, and indemnification provisions set forth in this agreement represent and agreed upon allocation of risk between you and DuckPunk and form an essential part of the basis of their bargain, without which DuckPunk would not enter into this agreement or provide DuckPunk.
OWNERSHIP OF MATERIALS
All contents of DuckPunk and all tutorial creations are copyrighted by DuckPunk as a collective work under the United States copyright laws. Except for material in the public domain, DuckPunk and its licensors hold copyrights to all content appearing on DuckPunk.
DuckPunk permits, without charge, the reproduction and distribution of DuckPunk material contained on DuckPunk for non-commercial educational and personal uses; provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright notice appearing on such materials and by DuckPunk’s URL (www.DuckPunk.net).
We retrain and reserve all rights to this information. Other reproduction, distribution, re-transmissions, modification, public display, and public performance of such materials is prohibited without the prior written consent of DuckPunk. To obtain such consent, please contact us.
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED
DuckPunk respects the intellectual property rights of others. Pursuant to Title 17 U.S.C.512, as amended by Title II of the Digital Millennium Copyright Act (“the Act”), DuckPunk has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act.
If you believe your copyrights are being infringed by a Member, please contact us.
The information requested by the Notice of Infringement Form substantively complies with 17 U.S.C. 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to to permit the service provider to contact the complaining party such as an address, telephone number, and if available, electronic e-mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
- Please provide a Notice of Infringement Form information each time you wish to report alleged acts of infringement.
- Please note that DuckPunk will terminate in appropriate circumstances the account of any Member who repeatedly posts infringing material on DuckPunk.
You agree to hold harmless DuckPunk and its Information Providers and any other person or entity involved in creating or distributing DuckPunk, as well as each of their respective affiliates and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys’ fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of Members, anyone using your account’s) use of, or conduct with respect to, DuckPunk.
MODIFICATION OF AGREEMENT
You agree that DuckPunk may change the terms and conditions of this Agreement, unilaterally, and at any time, by conspicuously posting notice of such change on DuckPunk for a period of five (5) consecutive days. Continued use of DuckPunk after such notice will constitute your acknowledgment and acceptance of the revised terms and condition.
Microsoft and Windows are registered trademarks of Microsoft Corporation in the U.S. and other countries. All other trademarks or registered trademarks are the property of their respective holders.
This Agreement contains the complete and final statement of the understanding between you and DuckPunk with respect to, and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and DuckPunk concerning, the subject matter of this Agreement.
If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.
The waiver by DuckPunk of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of DuckPunk to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of DuckPunk or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance.
All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, DuckPunk Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.
If you have any questions regarding our Terms Of Service, please contact us.