Please read this agreement carefully. By using the website and its related services, products, and software (collectively, the “Site”), you agree to be bound by these terms (“Terms and Conditions”), whether or not you are a registered user of our Site. You also accept the Terms and Conditions when you create an account or log in to the Site. Additional or separate terms may apply to your interactions with other third-party websites, and to your use of individual services or features available on the Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms and Conditions, the provisions of these Terms and Conditions will govern. This policy is effective as of June 27, 2017.
For the purposes of these Terms and Conditions, the following terms are defined as:
- The term “computer” means a hardware system (whether physical or virtual) with a storage device capable of running the software.
- References to “TouchSuite”, “www.TouchSuite.com”, “our,” “we,” or “us” refer to TouchSuite®, and its affiliates.
We may make changes to the Site and the Terms and Conditions. It is your responsibility to review the Terms and Conditions for updates or changes. If you do not agree with the Terms and Conditions, do not use or access (or continue to access) the Site and terminate your account. These Terms and Conditions apply to each visitor, user, and anyone who accesses the Site (“User(s)”).
Site User Obligations
By downloading, accessing, or using the Site in order to view our information and materials, use the Service, or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via a registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. These Terms and Conditions are also expressly made subject to any applicable export laws, orders, restrictions, or regulations.
Errors on Our Site
We try to be as accurate as possible. However, we do not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary from those offered in our stores.
Proprietary Rights
All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may use the Site and the Content only for noncommercial, personal use. You must retain all copyright, trademark and other proprietary notices contained in any Site material you use, and you may not modify or alter the material, copy or post the material on any network computer, or broadcast the material in any media.
Unless we separately give you permission, you may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
The TouchSuite® logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by TouchSuite and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Reviews, Comments, Communications, and Other User-Generated Content
You may interact with the Site and TouchSuite in numerous ways, including Reviews and Ratings, Questions and Answers, and e-mail communication. You hereby grant TouchSuite a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content.
When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Feedback and Submissions
TouchSuite welcomes your feedback and suggestions about our products or Services. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to TouchSuite, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to TouchSuite and enable TouchSuite to use such feedback. In addition, any feedback received will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for TouchSuite to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
Disclaimers and Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY TOUCHSUITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Indemnity
You agree to defend, indemnify, and hold harmless TouchSuite and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms and Conditions.
Links to Third-Party Websites
The Site may contain links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. TouchSuite does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the TouchSuite Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The Terms and Conditions and privacy policy of any Third-Party Site may differ substantially from the Terms and Conditions. Please review the Terms and Conditions for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
Export
Certain software or other materials (“Software”) that you may obtain through the Site may be further subject to export controls. You will comply with all applicable export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restrictions or regulations.
Security
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We have no responsibility for any activities that occur under your account and password. You may use the Site only for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities on the Site, are prohibited. We cannot guarantee that unauthorized third parties will not use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You may not violate or attempt to violate the security of the Site, including but, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of TouchSuite, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms and Conditions. You may not use any device, software, routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.
Applicable Law
These Terms and Conditions have been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Florida, U.S.A. as applied to agreements entered into and completely performed in the State of Florida. You and TouchSuite each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the County of Palm Beach, Florida for any disputes between us under or arising out of these Terms and Conditions. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms and Conditions and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim you might have against TouchSuite must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and Conditions and is hereby disclaimed. A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact TouchSuite via the contact information at the end of this agreement if you wish to receive a printed copy of these Terms and Conditions.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
Miscellaneous
You acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable injury to TouchSuite, such injury would not be quantifiable in monetary damages, and TouchSuite would not have an adequate remedy at law. You therefore agree that TouchSuite shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that TouchSuite post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to TouchSuite to enforce any provision of these Terms and Conditions. The parties agree that this agreement is for the benefit of the parties hereto as well as TouchSuite licensors. Accordingly, this agreement is personal to you, and you may not assign your rights or obligations to any other person or entity without TouchSuite’s prior written consent. Failure by TouchSuite to insist on strict performance of any of the terms and conditions of this agreement will not operate as a waiver by TouchSuite of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in these Terms and Conditions is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. Headings herein are for convenience only.
CONTACT US
If you have any concerns regarding TouchSuite, your use of the site, or these terms and conditions, please contact us with a detailed description at:
E-mail: info@TouchSuite.com
TouchSuite®
1081 Holland Drive
Boca Raton, Florida 33487