Terms Of Service

Introduction
General
Restrictions on Use of Material
Trademark Information
Fees & Payments
Registration and Account Creation
Responsibility for Password and Membership
Non-Transferability of Membership
Membership Renewals and Cancellation
Privacy
Community Conduct and Guidelines
Submissions
Parental or Guardian Permission
Links
Sponsors, Third Parties, and Advertisers
Disclaimers of Warranties
Limited Liability
Indemnification
Choice of Law and Forum
Refusal or Termination of Service
Entire Agreement
Severability

Introduction

By using the TouchProActive website you agree to the Terms of Service. Please read them carefully. We reserve the right, in our sole discretion, to change, modify, add or remove portions of the Terms of Service at any time. Please check periodically for changes to them. Significant changes will be posted on the Announcements message board. By using this website after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to the Terms of Service, you should not use our website and, if applicable, you should arrange to cancel your membership with us.

General

By using the TouchProActive website, you agree to be legally bound and to comply with the Terms of Service. If at any time you do not abide by the Terms of Service, we reserve the right, if applicable, to invalidate your password, and terminate your membership and/or access to this website. You agree that TouchProActive may without prior notice or liability, discontinue, or modify any aspect of the site, including, (a) restricting the time the website is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any member's right to use the website without prior notice. If you do not comply with the provisions of the Terms of Service, except as we may periodically provide otherwise, you agree that we may immediately inactivate your membership, delete all related information and files, and bar any further access to such information and/or files, or to our website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our website.

Periodically, we may add additional Terms of Service relating to specific content, activities or features. Additional Terms of Service may be placed so as to be viewed in connection with the specific content, activities, or features and shall be identified as such. You understand and agree that such additions are hereby incorporated by reference into these Terms of Service.

Restrictions on Use

You agree to use TouchProActive only for your personal noncommercial use and benefit, not for resale or other transfer to any other party. You may not use TouchProActive or its content for any illegal purpose or in any manner inconsistent with these Terms of Service.

You do not obtain any ownership interest in content downloaded to your computer. Unless specified herein, content may be not be reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of its respective owner. You may not add, delete, distort, or otherwise modify the content on this site.
Any unauthorized attempt to modify any material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.

Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

Trademark Information

You acknowledge that the content of this website namely, logos, trademarks, images, articles, text, messages, feedback, graphics, photographs, artwork, audio clips, video clips, software, and other materials ("Content") is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. TouchProActive logos, product and service names are trademarks of TouchProActive. All other trademarks appearing on the site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that TouchProActive is a news and information site and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. TouchProActive will enforce its intellectual property rights to the fullest extent of the law.

Fees & Payments

TouchProActive will charge you a fee to become an annual member. In order to use the Service you will be required to register and create an account. Subject to promotional codes applicable at that time, you agree to pay all fees and charges, including applicable taxes, incurred through your account, at the rates in effect for the billing period in which such fees and charges are incurred. TouchProActive reserves the right to change the amount of, or basis for determining, any (or no) Fees, and to institute new Fees, effective upon prior notice to you.

In order to set up a paid membership with TouchProActive you must provide TouchProActive with valid credit card information. By submitting such credit card information, you give TouchProActive permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. All other Fees (including renewal fees) will be charged at the time they are incurred.

Registration and account creation

As part of the registration and account creation process required to obtain access to this website, you will provide TouchProActive with certain registration information, all of which must be accurate and updated. If any of your registration information changes, you agree in accordance with these Terms of Service to update such information in the "My Profile" area of the website. On submission of your registration information, TouchProActive will email you a personal password. This password and the email address you used to submit your registration information will give you access to the website.

Responsibility for Password and Membership

You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your TouchProActive membership including, but not limited to, use of your membership by any person authorized by you to use your email address and password. In the event of any known or suspected unauthorized use of your user account you must notify us immediately. You agree to bring to our attention knowledge or suspicion of any breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activity that occurs under your membership.

Non-Transferability of Membership

Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void.

Membership Renewals and Cancellation

You may cancel your membership and receive a full refund on the unused portion of your membership, if you make your cancellation and refund request to admin@touchproactive.com.

Privacy

We are committed to protecting your privacy. Please review our Privacy Policy, which is incorporated into these Terms of Service by this reference.

Community Conduct and Guidelines

You alone are responsible for the content of all messages, information and material transmitted by you to or on this website, and any consequences thereof. TouchProActive reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines:

Any use by you of any other member's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. TouchProActive is to be used by you for your personal use only. Commercial uses of the website are strictly prohibited unless prior written consent from TouchProActive has been granted.

You agree that you will not use the website for chain letters or survey solicitations, junk mail, "spamming," commercial or noncommercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.

You further agree not to use the website to send or post on discussion boards or any place on the TouchProActive website, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a discussion board as determined by TouchProActive in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the website. TouchProActive reserves the right to delete any such material from the website. We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of TouchProActive. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use the website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Your use of this website (including the Discussion Boards, Chat Rooms and Private Messages) depends on your compliance with the community standards and guidelines above. We may restrict or terminate use of all or a portion of this website and/or take any appropriate measures to enforce these community standards and guidelines if violations are brought to our attention.

All communications through the website, with the exception of Private Messages and private Chat Rooms, but including and not limited to, public chat and discussion board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this website for adherence to the community standards and guidelines or for any other purpose. You acknowledge that we are acting as a passive conduit for such communication and we are not liability for any messages or activities in any part of the website. Although we reserve the right to remove, without notice, any posting for any reason, we have no obligation to delete postings that you may find objectionable or offensive.

Submissions

Any comments or materials sent by you to TouchProActive regarding the site, including without limitation, questions, information, photos, video, text, graphics, messages, feedback, suggestions, articles, stories about yourself, criticisms or the like ("Submissions") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the submission is "not for publication" and contains "private and proprietary" information that may not be distributed. TouchProActive shall have no obligation of any kind with respect to such Submissions and will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Submissions without limitation or restriction. TouchProActive is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to TouchProActive for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.

Parental or Guardian Permission

Some of the Content on this Website may not be appropriate for children. Children under the age of 13 are not permitted to use this website.

Links

These Terms of Service apply only to this website. TouchProActive may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that because TouchProActive has no control over such external sites and resources, we are not responsible for their availability, and do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, or other materials therein. You further acknowledge and agree that TouchProActive 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 your use of or reliance on any such content, goods or services available on or through any such site or resource.

Sponsors, Third Parties, and Advertisers

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through this website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that TouchProActive shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.

Disclaimers of Warranties

IT IS IMPORTANT THAT YOU NOTE THE FOLLOWING:
THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TOUCHPROACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

TOUCHPROACTIVE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF PRODUCT, CONTENT, MATERIALS AND OTHER INFORMATION CREATED BY TOUCHPROACTIVE OR BY THIRD PARTIES. TOUCHPROACTIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOUCHPROACTIVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

Limited Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOUCHPROACTIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOUCHPROACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE LINKED TO THE SITE (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification

You agree to indemnify, defend and hold TouchProActive harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.

Choice of Law and Forum

The laws of the State of California will govern this Agreement. The laws of the State of California will govern any dispute arising from the terms of this agreement or breach of this agreement and you agree to personal jurisdiction by the state and federal courts sitting in San Francisco, California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.

Refusal or Termination of Service

TouchProActive reserves the right to refuse or terminate service to any user for noncompliance with these Terms and Conditions.

Entire Agreement

This Agreement and any other terms and conditions of service on http://www.touchproactive.com constitute the entire agreement between you and TouchProActive and govern your use of the Service.

Severability

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.