Touchpoint TERMS OF SERVICE
LAST REVISED: Jan 10, 2018
Acknowledgment and Acceptance of Terms of Service
Certain, Inc. through its Touchpoint division (“Touchpoint”, “we” or “us”) provides certain services (described below) in conjunction with our clients on or through our co-branded or private-labeled iOS app, Android app and our mobile site, (together with any related websites and mobile services operated by Touchpoint, the "Service" or the “Touchpoint Service”). By using our Service, you agree to the following terms and conditions (the "Terms of Service"). These Terms of Service comprise the entire agreement between you and Touchpoint and supersede all prior agreements between the parties regarding the subject matter contained herein. In addition, when using particular services on or through the Service, you shall be subject to any posted policies and guidelines applicable to such services, including any terms or conditions applicable to services provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service. If you do not understand or agree with these Terms of Service, please do not use the Service or the Touchpoint Service (as defined below). If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at firstname.lastname@example.org. BY COMPLETING THE REGISTRATION PROCESS OR USING ANY OF PART OF THE Touchpoint SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Touchpoint as long as you adhere to these Terms of Service.
The Service comprises a conference, reunion, event or gathering iOS app, Android app and mobile web site, often co-branded or private-labeled with our clients who are putting on the conference, reunion, event or gathering (“Clients”). The Service provides among other things, logistics information, event schedules, messages and subject to our Clients’ specifications, may provide news, links to third party sites, attendee information, sponsor or exhibitor information and/or advertisements and messages, and the ability to allow attendees to communicate or post comments or pictures through Twitter and other third party services (together with the Service, the "Touchpoint Service"). These Terms of Service apply to the Touchpoint Service. All content and services made available through the Service that were not made available as of the "Last Revised" date above, shall automatically be deemed to be part of the Touchpoint Service when first made available through the Service.
Use of the Touchpoint Service is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service.
License to Use and Access the Touchpoint Service
Touchpoint grants you a limited license to access and make use of the Touchpoint Service for the specific conference, reunion, event or gathering and with the exception of associated posted tweets, photos or other communication or documents expressly permitted by our Clients and Touchpoint, not to modify it, or any portion of it, except with Touchpoint’s express written consent. The foregoing license does not include any resale of this Service or its contents; any derivative use of this Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Service or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes other than as a useful tool for the specific conference, reunion, event or gathering without Touchpoint’s express written consent. Use of the Touchpoint Service that constitutes abuse shall be determined by Touchpoint, in its sole discretion.
Accuracy and Availability of the Touchpoint Service
Touchpoint and its Clients attempt to be as accurate as possible in representing and conveying the specific conference, reunion, event or gathering information. In most cases, our Client will be supplying and inputting the underlying conference, reunion, event or gathering information through the Touchpoint website. Touchpoint does not warrant that the conference, reunion, event or gathering information and other content on this Service are accurate, complete, reliable, current, or error-free. The Touchpoint Service relies on the availability of Wi-Fi and/or cellular networks to allow access to the content on the Service. Touchpoint does not warrant that either Wi-Fi networks or cellular networks will be available nor performing to any specifications or expectations.
Links to Third Party Sites
The Touchpoint Service may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You understand that you may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.
Your Contact with Advertisers or Third Party Vendors
Third parties other than Touchpoint may provide services, advertise, or sell products on this Service. In addition, we provide links to the sites of certain other third parties. Your dealings with advertisers and third party vendors found on or through the Touchpoint Service, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Touchpoint does not make any representations or warranties with respect to any goods or Websites that may be obtained from such third parties, and you agree that Touchpoint will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Service or the actions of such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Touchpoint has no control and which will govern your rights and obligations with respect to the use of those such third party’s product, services or Websites.
Touchpoint and its affiliates attempt to be as accurate as possible. However, Touchpoint does not warrant that product descriptions and other content on this Service is accurate, complete, reliable, current, or error-free.
Transactions with Organizations or Individuals
Touchpoint shall not be liable for your interactions with any organizations and/or individuals found on or through the Touchpoint Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Touchpoint reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the Touchpoint Service.
Restriction on Use of Content
You acknowledge that the Touchpoint Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify (with the exception of specific event-associated tweets, photos, or other communication or documents expressly permitted by our Clients and Touchpoint that you may post) rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Touchpoint Service, including the Content.
All trademarks appearing on the Touchpoint Service are trademarks of their respective owners. Our partners and Clients may also have additional proprietary rights in the content which they make available through the Touchpoint Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Touchpoint Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Materials Submitted Through the Touchpoint Service
You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, documents, links or any other materials ("Materials") that are transmitted, posted, or distributed by you through the Touchpoint Service, including, but not limited to, the contents of your tweets, email communications, information, documents, photos or images posted by you to the Service. All Materials posted by you, are your sole responsibility. By posting Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.
Touchpoint does not control the Materials posted by our Clients or users such as yourself via the Touchpoint Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials. By using the Touchpoint Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Touchpoint be liable in any way for any Materials posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Materials or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the Touchpoint Service. You agree that if you post any Materials through the Touchpoint Service, you automatically grant to Touchpoint, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Materials to other users of the Touchpoint Service and to third parties with whom Touchpoint has a relationship for the specific conference, reunion, event or gathering. You also grant Touchpoint the right to authorize the downloading and printing in whole or in part of any Materials that you post to the Touchpoint Service.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the Touchpoint Service or otherwise stored in connection with the Touchpoint Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Touchpoint Service, and the circumstances surrounding the transmission thereof, to (a) any third party in order to operate the Touchpoint Service, (b) comply with applicable laws, (c) respond to governmental inquiries or requests, (d) comply with valid legal process, (e) protect the rights, privacy, safety or property of Touchpoint, the Service visitors or the public, (f) permit us to pursue available remedies or limit the damages that we may sustain, and/or (g) enforce these Terms of Service.
Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on Materials.
In addition, we have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Touchpoint Service. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK.
Community Standards and Conduct
You acknowledge that all Materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Materials originated.
You agree not to post, transmit, or otherwise make available, through or in connection with the Touchpoint Service:
- Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
- Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
You agree not to:
- Use the Touchpoint Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Touchpoint Service.
- Harm minors in any way.
- Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Touchpoint Service or the servers or networks used to make the Touchpoint Service available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Touchpoint Service, including without limitation by hacking or defacing any portion of the Touchpoint Service; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Touchpoint Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Use the Touchpoint Service to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone’s intellectual property rights, or is otherwise offensive or inappropriate as determined in Touchpoint’s sole discretion.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Touchpoint Service any directory of Touchpoint’s users or usage information or any portion thereof other than in the context of your use of the Touchpoint Service as permitted under these Terms of Service.
- Attempt to gain unauthorized access to the Touchpoint Service, other accounts, computer systems or networks connected to the Touchpoint Service, through password mining or any other means.
- Remove any copyright, trademark or other proprietary rights notice from the Touchpoint Service or Content or Materials originating from the Touchpoint Service.
- Frame or mirror any part of the Touchpoint Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Touchpoint Service.
- Create a database by systematically downloading and storing content from the Touchpoint Service.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from the Touchpoint Service or reproduce or circumvent the navigational structure or presentation of the Touchpoint Service.
- Engage in any other conduct which, in Touchpoint’s sole discretion, is considered inappropriate, unauthorized or objectionable.
In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Touchpoint Service.
Further, you acknowledge that you are responsible for obtaining or providing any mobile or other devices, necessary to access the Touchpoint Service, and paying all charges related thereto.
You must not use any feature of the Touchpoint Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement that is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Touchpoint. If you use any feature of the Touchpoint Service for the purpose of sending Spam, Touchpoint reserves the right to immediately terminate your access to the Touchpoint Service and to seek appropriate legal recourse, as necessary. Please note that by using the Touchpoint Service you are consenting to receive any advertising messages on the iPhone app or mobile website that Touchpoint or our Clients may approve, and that these messages do not constitute Spam. By using the Service you are giving your permission for Touchpoint, our Clients or our Clients’ sponsors or exhibitors to contact you in conjunction with the specific conference, reunion, event or gathering and that such contact does not constitute Spam.
You agree to indemnify, defend and hold harmless Touchpoint, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) your use of the Touchpoint Service, including, but not limited to, all content therein and any products or services obtained by you through the Touchpoint Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the Touchpoint Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation.
DISCLAIMERS AND RELEASE FOR EVENTS AND OTHER FEATURES
YOUR PARTICIPATION IN ANY EVENT OR OTHER FEATURE OF THE Touchpoint SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. BY USING Touchpoint YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF OUTINGS AND ACTIVITIES. Touchpoint HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING Touchpoint, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY EVENT, PARTICIPATION IN ANY FEATURE OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE Touchpoint FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS Touchpoint, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS, OR OTHER FEATURES OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Touchpoint SERVICE IS AT YOUR SOLE RISK. THE Touchpoint SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Touchpoint EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE Touchpoint SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE Touchpoint SERVICE. Touchpoint MAKES NO WARRANTY THAT THE Touchpoint SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE Touchpoint SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Touchpoint MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Touchpoint SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Touchpoint SERVICE OR THAT DEFECTS IN THE Touchpoint SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT Touchpoint DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE Touchpoint SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO Touchpoint FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. Touchpoint ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE Touchpoint SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE Touchpoint SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE Touchpoint SERVICE. Touchpoint MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE Touchpoint SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE Touchpoint SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Touchpoint OR THROUGH THE Touchpoint SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT Touchpoint SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Touchpoint HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE Touchpoint SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH Touchpoint OR A THIRD PARTY THROUGH THE USE OF THE Touchpoint SERVICE; OR (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE Touchpoint SERVICE OR RELIANCE ON SUCH INFORMATION. YOU SPECIFICALLY AGREE THAT Touchpoint IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE Touchpoint SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Modification of the Touchpoint Service
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Touchpoint Service, including, but not limited to restricting the time the Touchpoint Service are available, and/or (b) offer opportunities to some or all users of the Touchpoint Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Touchpoint Service, in whole or in part, or of any service, content or feature offered through the Touchpoint Service.
The Service is controlled and operated by Touchpoint from the United States, and is not intended to subject Touchpoint to the laws or jurisdiction of any territory other than that of the United States. Touchpoint does not represent or warrant that the Touchpoint Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Governing Law and Other Miscellaneous Terms
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Touchpoint. These Terms of Service shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in the State of North Carolina and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the Touchpoint Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Touchpoint to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Touchpoint may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Touchpoint's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and Touchpoint relating to the subject matter herein and may not be modified by you. These Terms of Service will inure to the benefit of Touchpoint’s successors, assigns and licensees. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Modifications to These Terms of Service
Touchpoint reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Service. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Service.