Effective Date: March 21, 2014.
Welcome to TouchBase! By using the www.touchbase-technologies.com web site and its subdomains (the “Website”), including without limitation our on-line platform (“Platform”) available via our Website that enables our clients to utilize next generation ‘smart’ business cards (“TouchBase Cards”) and related on-line networking functionality via our Platform (collectively, our TouchBase Cards and services available through the Platform and Website, referred to herein as the “Services”), you indicate your unconditional acceptance of the following Terms of Service on your own behalf and on behalf of any organization you represent. Throughout these Terms of Service, “you” or “your” refer to you and the organization, if any, that you represent. Please read these Terms of Service carefully, as they may have changed since your last visit. We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to www.touchbase-technologies.com/terms; provided that such changes shall not apply to any fee-bearing subscriptions to the Services which are then in effect until the expiration or termination of such subscription. These Terms of Service apply to all TouchBase Technologies Inc.’s services and features unless otherwise indicated.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND TOUCHBASE. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND TOUCHBASE ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 20 “AGREEMENT TO ARBITRATE”).
1. Scope of Service.
TouchBase Technologies, Inc. (“TouchBase” “our” or “we”) maintains the Website and Platform, and provides Services, as a service to the user community that visits the Website subject to these Terms of Service and to purchasers of TouchBase Cards through our Services.
You are responsible for obtaining any equipment and Internet service necessary to access our Services and Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Services and/or Services, for some or all users, from time to time. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Acknowledgement to Receive Email or Push Notifications. As a user of TouchBase, you agree to receive emails from us regarding our Services. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners. You may opt-out from receiving our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
3. Purchase of TouchBase Cards.
Ordering and Delivery. Registered Clients may order certain quantities of TouchBase Cards through the Website from time to time. We will ship the TouchBase Cards to the address you provide in the course of ordering such TouchBase Cards. You shall be responsible for shipping costs unless otherwise provided on the Website with respect to your order.
Returns. For thirty (30) days from delivery, we warrant that the TouchBase Cards will conform to specifications set forth on our Website at the time you order the TouchBase Cards. You acknowledge that you are solely responsible for any typographical errors or other mistakes in any of the User Content you provide for the TouchBase Cards. You must return any non-conforming TouchBase Cards within thirty (30) days of your receipt; no returns will be accepted after that date.
Purchase Price. The purchase prices for the TouchBase Cards shall be as set forth on the Website at the time of your order. Those purchase prices are in addition to any subscription fees that may apply to our Services from time to time.
4. User Content.
Submitted Content. Our Service enables Clients to load additional information onto our Platform which can be made accessible to recipients of your TouchBase Card. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the Service. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Services. If you choose to provide information or User Content to use, register for or participate in a service, event, or promotion on our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
Ownership of Content. TouchBase does not claim ownership of any User Content. By submitting such User Content, however, You hereby grant TouchBase the right to copy, store and make that User Content available to the scope of recipients that you designate in connection with your use of our Website and our Services. When you make available the User Content to a select group of other users of our Website or Services, you provide all such recipients a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use that User Content. TouchBase cannot use the User Content for any purpose without your permission.
User Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the submission and use of your User Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.
Monitoring. We have the right, but not the obligation, to monitor User Content submitted to our Services, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted through our Services. Without limiting the foregoing, we have the right to remove any material that TouchBase, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the User Content that you post to our Services.
Required Disclosures. You acknowledge and agree that TouchBase may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms of Service; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms of Service; and/or (d) protect the rights, property, or personal safety of TouchBase, its representatives and/or agents, its users or the public.
Ownership of Content on our Website and Platform. All information, text, images, audio, video, data, links, software, or other material which is not posted, uploaded or otherwise provided by you (“TouchBase Content”) is the property of TouchBase or its licensors (who may be other users of our Services). TouchBase Content is protected by copyright, trademark, patent, trade secret and other rights of TouchBase and its licensors, and, as between you and TouchBase, TouchBase retains all rights in the TouchBase Content and the Service, provided that, you have a non-transferable, non-sublicensable, non-exclusive, revocable, and limited right to access and use the Services and TouchBase Content solely for your use of the Services, subject to these Terms of Service.
Proprietary Markings; No Other Licenses. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying TouchBase Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the TouchBase Content. Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or TouchBase Content or trademarks, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Services. The service marks and trademarks of TouchBase, including without limitation “TouchBase” and the TouchBase logos, are service marks owned by TouchBase Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
TouchBase Content Provided “AS IS”. The TouchBase Content may contain typographical errors, other inadvertent errors, or inaccuracies. TouchBase reserves the right to make changes to document names and content, descriptions or specification, or other information, without obligation to issue any notice of such changes.
Permitted Use of TouchBase Content. You may view, copy, download, and print TouchBase Content that is made available to you on our Website or through our Services, subject to the following conditions:
You may only use the TouchBase Content for your internal business purposes in compliance with all laws and regulations that apply to you. You may not resell or use the Services to provide services to any third party. You may not reproduce or transmit any part of our Services or its TouchBase Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
You may not modify, alter, or prepare derivative works based on the TouchBase Content, or distribute copies of or publicly distribute, perform or display the TouchBase Content, including without limitation by posting the TouchBase Content on any network computer or distributing the TouchBase Content on or in any media.
You may not remove copyright, trademark, and other proprietary notices from the TouchBase Content.
Nothing contained within our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any TouchBase Content displayed on our Services, except: (a) as expressly permitted by these Terms of Service; or (b) with TouchBase’s prior written permission or the permission of the third party that owns the trademark or copyright of the TouchBase Content displayed on our Services.
6. Copyright Infringement; Notice and Take Down Procedures
If you believe that any content on our Services infringes your copyright, you may request that such content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
identification of the content that you believe to be infringing and its location, including a description of the content, and its Website location or other pertinent information that will help TouchBase to locate such content;
your name, address, telephone number and email address;
a statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in your claim is accurate; and
a statement that “under penalty of perjury,” You declare that You are the lawful copyright owner or are authorized to act on the owner’s behalf.
TouchBase’s agent for copyright issues relating to our Services is: Sai To Yeung (email: firstname.lastname@example.org). In an effort to protect the rights of copyright owners, TouchBase maintains a policy for the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
7. Advertising Affiliate Programs; Product Descriptions; Third Party Links.
We do not currently sell third-party products or services through our Website, but may do so in the future. We may, however, provide certain information or descriptions about products or services (collectively “Product Descriptions”) that we prepare or that we obtain from independent third parties, such as from third party vendors. We do not warrant that Product Descriptions or any prices that are referenced are accurate, complete, reliable, current or error-free. You agree that TouchBase is not liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Product Descriptions or other TouchBase Content, or for any decision made or action taken by you relying upon the Product Descriptions or other TouchBase Content.
Our Services may provide you with the ability to link to external sites, or download content from third party sites, from time to time. Such external links on our Services will lead to other websites, including advertised products or content sold or otherwise made available by outside vendors and companies. We provide any such links as a convenience to you. We are not liable for the content, goods, services, advertising, or other materials found on any external websites. Although we may display ads and may have an affiliate referral relationship with third parties, we do not own or control outside companies selling products accessed through our Services, and are not responsible or liable for their company policies or the quality of their merchandise or services. Before buying anything, users are advised to carefully investigate the individual company policies of all online purchases that they intend to make. Any logo of an third party used on the Website is a trademark of such third party or its affiliates.
In no event shall any reference to any third party or third party product, content or service be construed as an approval or endorsement by TouchBase of that third party or of any product, content or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website.
By using our Services, you agree to indemnify, hold harmless and defend TouchBase from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services, or any of your users use of the Services, and User Content that you submit for use in connection with the Services.
9. Prohibited Conduct.
By accessing our Services or any portion of our Platform, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services or any related chat room or online discussion forum to:
Transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by TouchBase.
Submit User Content you know is false, misleading, untruthful, or inaccurate.
Engage in commercial activities on our Services or using our Services without TouchBase’s prior approval.
Use a name or language that TouchBase, in its sole discretion, deems offensive.
Utilize any automated means, including without limitation web spidering, to obtain content from this Website.
Post defamatory statements or hateful or racially or ethnically objectionable User Content.
Post User Content which infringes another's copyright, trademark or trade secret.
Post unsolicited advertising or unlawfully promote products or services.
Harass, threaten or intentionally embarrass or cause distress to another person or entity.
Impersonate another person.
Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
Exploit children under 18 years of age.
Engage in disruptive activity such as sending multiple messages in an effort to monopolize any forum made available through the Services.
Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
Obtain unauthorized access to any computer system through the Website.
Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
Solicit personal information from children under 13 years of age.
Violate any federal, state, local, or international law or regulation.
Encourage conduct that would constitute a criminal or civil offense.
10. Subscriptions; Payments.
Subscription and Fees. We may make available the Services, including TouchBase Cards, for free or for a fee from time to time. We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. If you purchase TouchBase Cards or any other Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay TouchBase directly or via its third party payment processing service provider. You also agree to pay the applicable fees for such TouchBase Cards or other Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes. You may cancel your subscription as provided on the Website from time to time. We may refuse to renew any subscription.
Payment. You agree that TouchBase may charge your payment method for any services, subscriptions or products you purchase and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TOUCHBASE WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR SERVICES FROM TIME TO TIME. Prices for TouchBase Cards and other products and services offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
Refunds. Other than an expressly set forth on our Services as updated from time to time, TouchBase has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by TouchBase, in each case in TouchBase’s sole discretion.
11. Disclaimer of Warranty.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any TouchBase Content, TouchBase Cards or our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services.
USE OF THE SERVICES, TOUCHBASE CARDS AND ANY TOUCHBASE CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE WEBSITE, THE TOUCHBASE CONTENT, TOUCHBASE CARDS, AND ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE OR SERVICES ARE PROVIDED “AS IS” AND MAY BE BASED IN PART ON CONTENT PROVIDED BY USERS AND THIRD PARTIES, WHICH ARE NOT VERIFIED BY TOUCHBASE, AND THAT ANY RESUME OR OTHER CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR TOUCHBASE CARDS IS AT YOUR SOLE RISK AND DISCRETION. TOUCHBASE AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE WEBSITE, TOUCHBASE CARDS OR OTHER SERVICES. WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TOUCHBASE DOES NOT WARRANT THAT: (I) THE TOUCHBASE CONTENT AND INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER TOUCHBASE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS. TOUCHBASE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
12. Limitation of Liability.
Disclaimer. IN NO EVENT SHALL TOUCHBASE BE LIABLE TO ANY USER OF OUR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limitation. TOUCHBASE’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT, CUMULATIVELY BETWEEN YOU AND TOUCHBASE, SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO TOUCHBASE FOR THE SERVICES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
Waiver of Class Action. ANY CLAIMS BROUGHT BY YOU OR TOUCHBASE MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Disputes; Release.
Neither TouchBase nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Service. TouchBase expressly disclaims any liability or claims that may arise between users of our Services or between users of our Services and third party vendors. You are solely responsible for your interactions with all other users and for your interactions with third party vendors and any disputes that arise from those interactions with other users or third party vendors. TouchBase may monitor disputes between users, but is not obligated to monitor, mediate, or resolve such disputes.
Because TouchBase is not responsible for or involved in any contact between users or between users and third party vendors, in the event that you have a dispute with one or more users or third party vendors, you hereby release TouchBase (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
14. No Implied Endorsements.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by TouchBase of that third party or of any product or service provided by a third party. Likewise, a link to any non- TouchBase website does not imply that we endorse or accept any responsibility for the content or use of such a website. TouchBase does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through our Services and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
This Services are intended to serve a general audience and does not provide specific features or services targeted at children under age 18. We do not knowingly solicit personal information regarding children under age 18.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
16. Jurisdictional Issues.
We may terminate any user’s access to our Services, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services.
You may terminate your account at any time by ceasing all use of the Service. TouchBase will have no obligation to provide a refund of any amounts previously paid to TouchBase. Upon termination of your account under these Terms of Service, all license rights granted by you to TouchBase shall survive termination. Even after your right to use the Service is terminated or suspended, these Terms of Service will remain enforceable against you.
18. Unsolicited Ideas and Feedback.
While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the property of TouchBase and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) TouchBase may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for TouchBase to review your unsolicited ideas; and (5) TouchBase has no obligation to keep any unsolicited ideas confidential.
19. Governing Law.
These Terms, and any dispute between you and TouchBase, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration. Unless you and we agree otherwise, in the event that Section 2 of the Federal Arbitration Act is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the TouchBase must be resolved exclusively by a state or federal court located in the Commonwealth of Massachusetts, except that you or we are permitted to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure. Except for such small claims court exceptions, you and TouchBase agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Massachusetts for the purpose of litigating all such claims or disputes. You and TouchBase agree to waive trial by jury in any court proceeding.
20. Agreement to Arbitrate.
You may opt out of this Agreement To Arbitrate. If You do so, neither You nor TouchBase can require the other to participate in an arbitration proceeding. To opt out, You must notify TouchBase in writing within 30 days of the date that You first became subject to this arbitration provision. The opt-out notice must state that You do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your TouchBase account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way You can opt out of the Agreement To Arbitrate. You must use this address to opt out:
TouchBase Technologies Inc. ATTN: Arbitration Opt-out. 64 Bay State Rd. Boston, MA 02215
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against TouchBase prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms of Service, such termination shall not be effective until 30 days after the version of these Terms of Service not containing the arbitration procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against TouchBase prior to the effective date of removal.
This Arbitration section will survive the termination of Your relationship with TouchBase.
Jurisdictional Issues. TouchBase makes no representations that information on our Services is appropriate or available for use outside the United States. If you choose to access our Services from outside the United States, you do so on your own initiative and at your own risk and you agree and acknowledge that you are responsible for complying with all applicable United States laws as well as your local laws and regulations. If you transact business through our Services with a party that is located outside the United States, You agree and acknowledge that you do so voluntarily, that you are responsible for complying with all applicable United States laws as well as any local laws and regulations that may impact your transaction, and you understand that TouchBase disclaims all responsibility related to such transaction.
Severability. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Entire Agreement. These Terms of Service constitute the entire agreement between, or, as appropriate, among, the Parties relating to the subject matter herein. TouchBase may, at TouchBase’s sole discretion, revise these Terms of Service at any time by updating this posting and providing reasonable notice to you.
Additional Information. If you have any questions about these Terms of Service, please contact TouchBase at email@example.com.
Copyright © 2014, TouchBase Technologies, Inc. All Rights Reserved.
Effective Date: March 21, 2014.
Welcome to Touchbase!
Notice of Information We Collect And How We Use It
Our primary purpose in collecting Personal Information (as defined below) is to provide you with a smooth, efficient, and customized experience using our Services. This allows us to provide services and features that most likely meet your needs, and to customize our Services to improve your experience. "Personal Information" means information that specifically identifies an individual (such as a name, address, or e-mail address, etc.) or other information about that individual that is directly linked to Personal Information. Personal Information does not include "aggregate" information, which is data we collect about the use of our Services You can choose not to provide us with certain information, but by doing so, you may not be able to take advantage of many of our features and functionality. For us to provide you with Touchbase Cards, we will collect and store the types of Personal Information generally expected to be included in business cards, and other more extensive Personal Information necessary for you to register for our Services and to provide content you wish to provide in order to utilize the other functionality of our Services. We use Personal Information to deliver the Services to you, to improve the delivery of our Services, including advertising, and to develop analytics and aggregated data that allow us and our partners to improve our Services and correspond with you.
We also collect and store non-personally identifiable information that is automatically generated when you use the Services. We use this information to do internal research on the nature of our users to better understand, protect and serve you and our clients generally.
In general, our collection and use of information is as follows:
Touchbase collects Personal Information you knowingly choose to submit to us during registration, such as your name, and email address, which we use for the following general purposes: identification and authentication of a user, production of Touchbase Cards when ordered, improvement to the Platform and Services, contact, research, and reporting of aggregated, anonymous data.
when you visit our Website or Platform, Touchbase automatically receives and records information on our server logs from your browser, including your IP address, cookies, and the pages you request. IP addresses are automatically reported by your browser each time you view a web page. Your IP address is stored by Touchbase when you register with Touchbase. IP addresses may be used for various research purposes, and/or delivering unique functionality to our service.
Touchbase may make public forums (Public Areas) available to you on our Services. You participate in these Public Areas with the acknowledgement that any information you share will be available to other users, including any Personal Information that you share in Public Areas. We may allow users to post content on the Services. If we make such a feature available, you post content at your own risk. We cannot control the actions of other users with whom you choose to share your information. Even after removal, copies of such content may remain viewable in cached and archived pages or if other users have copied or stored your content.
By using our Services, you indicate your consent for Touchbase and our affiliates to send cookies to your computer in order to uniquely identify your browser and improve the quality of our services; you may turn off cookies in your browser though, in doing so, some or all of our Services may not work. A “cookie” is a piece of alphanumeric data stored on a visitor’s hard drive that enables us to improve your access to our Website and identify repeat visitors to our Services. We use the non-personally identifiable information, such as your browser version, IP address, referring domains, pages visited, your mobile carrier, device and application IDs, the nature of your use of the Website and cookie information, to improve our Website delivery, including advertising, and to develop analytics and aggregated data that allow us and our partners to utilize our Service and reach out to you via our Services or otherwise. If you wish to restrict or block the cookies which are set by Touchbase, or by any other website, you can do this through your browser settings. The Help function within your browser should tell you how to do so. For information on how to delete cookies on the browser of your mobile phone as applicable you will need to refer to your handset manual.
Like many websites, we may automatically gather certain information about our Website traffic and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track users’ movements around the Website and to gather demographic information about our user base.
We may link this automatically collected data to Personal Information. IP addresses may be tied to Personal Information to troubleshoot access issues and ban users by IP from certain communities upon appropriate request.
We may use a third-party tracking service that uses log files and cookies, see below, to track non- Personal Information about visitors to the Website in the aggregate. This service captures usage and volume statistics as well as geographical location data to compile usage reports and maps for optimization and troubleshooting purposes.
Clear Gifs (Web Beacons/Web Bugs)
We may employ, and our third party advertising partners may employ, a software technology called clear gifs, also referred to as web beacons or web bugs, that help manage content on the Site by tracking what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We tie the information gathered by clear gifs to our customers’ personally identifiable information.
We use clear gifs in our HTML-based emails to let us know which emails recipients have opened. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Choice and Opt-out.”
Information We Collect To Respond To Your Choices and Requests
In order to use many of our Services, you must first complete the registration form and provide an user name and password (“Login Credentials”). During registration, you are required to complete the registration form and create a user name and password and are required to give truthful contact information (such as name and email address) in accordance with our Terms of Service as then in effect. We use this information to contact you about the Services in which you have expressed interest.
We may combine the information you submit under your account with information from other services or third parties in order to provide you with a better experience and to improve the quality of our Services. For certain services, we may give you the opportunity to opt out of combining such information.
Upon registering on our Website, a user profile may automatically be created for you. Any information you choose to display on your profile, including, without limitation, your profile name may be viewed by other users when you post in Public Areas.
If you purchase products or services through our Services, including without limitation Touchbase Cards, we request certain Personal Information from you on our transaction form. We may require you to provide contact information (such as name, email, and shipping address) and financial information (such as a credit card number, expiration date, and account number if paying through a third party payment processing service). We may use an outside payment processing company to bill or process payments for goods or services. These companies do not retain, share, store or use user financial information for any other purposes.
We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
Surveys or Contests
We may provide you the opportunity to participate in contests or surveys on our Services. If you participate, we will request certain Personal Information from you. The requested information typically includes contact information (such as name and mailing address) and demographic information.
We use this information to notify contest winners and award prizes, to monitor site traffic, or to personalize our Services (in the case of anonymous information collected in surveys).
Posting in Public Areas
If you choose to post information or messages in our Public Areas or leave feedback for other users, we will collect the information you post through our Services. When you submit a message in the Public Areas through the Services, certain information about your profile may also be associated with such message. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. We reserve the right to terminate the accounts of visitors who use these Services in a manner inconsistent with our Terms of Service.
When we use the phrase "public information", we mean the information you choose to disclose to other users of the Website, as well as information that is publicly available. By posting information in a Public Area, you are choosing to make your information public. Please note that, once you share information in a Public Area (including by providing a Touchbase Card to any third party), we cannot control how other users may copy or share such information, through the Website or otherwise, with third parties or use such information for other purposes.
Choosing to make your information public also means that this information:
can be associated with you (i.e., your name, profile picture, profile, username, etc.)
when others share information about you, they can also choose to make it public.
Upon registering on our Website, a user profile may automatically be created for you. Your profile name will be your first name and last initial unless otherwise set forth on the Website from time to time. You may select a profile photo to display with your profile information.
If you choose to post Content in our Public Areas or leave feedback for other users, we will collect the information you post through our Services. When you submit a message through the Services, certain information about your profile may also be associated with such message. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
When you send email or other communications to Touchbase, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services. When you send and receive messages we may collect and maintain information associated with those messages. We may also occasionally send you information on products, services, special deals, and promotions offered by us or one of our partners. You can sign up for these emails from us on our registration page.
Out of respect for your privacy, we present the option not to receive these types of communications. Please see the “Choice and Opt-out” section below.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the “Choice and Opt-out” section below.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, we might send you an email.
Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
ased upon the Personal Information you provide us, we may send you a welcoming email to verify your username and password. We will communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. You may contact customer service at firstname.lastname@example.org.
We may store information that we collect through cookies, log files, clear gifs, to create a “profile” of your preferences. We use this profile in order to provide promotions and marketing offers and to improve the content of the Services for you.
We may purchase marketing data from third parties and add it to our existing user database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our profiles of individual Users, we may tie User’s profile information to the personally identifiable information such third party has provided to us.
Conditions Under Which We Share Information
We may share aggregated demographic information about our user base with our partners. This information does not identify individual users. We do not link aggregate user data with Personal Information. We may use and publicize aggregate information in any manner that does not identify you, without your consent.
We may share aggregated data to improve the delivery of our Services, which may include advertising, to develop analytics, and to enable us and our partners to improve and promote our products and services.
We may collect and share Personal Information made available by users in Public Areas.
We may release your Personal Information to authorized agents who we contract with or are employed by us to perform tasks on our behalf and need to share information with them to provide products, services and offers to you. Unless we communicate with you differently, our authorized agents do not have the right to use any Personal Information we share with them beyond what is necessary to work with us. You hereby consent to our sharing your Personal Information for the above purposes.
We believe it is necessary to investigate potential violations of our Terms of Service, to enforce those Terms of Service, to comply with law or to protect ours or others rights, property, or safety.
Third Party Advertisers
Any ads appearing on our Services are delivered to users by our advertising partners. We share Website usage information about users with our advertising partners (if any) for the purpose of targeting our Internet banner advertisements, if any, on our Website.
For more information about our third-party advertisers, or to learn more about the choices available to you regarding this anonymous information, please contact email@example.com.
Third Party Social Network Sites
By connecting to our Services with a Third Party Social Networking Account, you authorize Touchbase and the third party social network service provider to share certain information about you with each other to enhance your use of each web site’s services. You can stop or start sharing of your information through the Services with third party social network service providers by using the privacy settings under the Account page. You can also avoid sharing your Personal Information with third party social networks by not using your Third Party Social Networking Account to login to our Services.
We reserve the right to disclose your Personal Information as required by law and when we believe that disclosure is necessary to protect our rights; to comply with a judicial proceeding, court order, or legal process served on us or the Website; or in connection with an actual or proposed corporate transaction or insolvency proceeding involving all or part of the business or asset to which the information pertains.
Choice and Opt-out
We provide you the opportunity to ‘opt-out’ of having your Personal Information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on your profile account page.
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at firstname.lastname@example.org.
California Residents - Your California Privacy Rights
Access to or Changing Your Information.
If your Personal Information changes, or if you no longer desire our Service, you may correct, update, delete or deactivate it by emailing our Customer Support at email@example.com or by contacting us by telephone or postal mail at the contact information listed below.
Please keep in mind that whenever you voluntarily make your Personal Information or other private information available for viewing by third parties online – for example on blogs, discussion forums, or other Public Areas or social networking websites – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Third party links
Information You Post to Other Sites or Provide to Others
Please keep in mind that whenever you voluntarily make your Personal Information or other private information available for viewing by third parties online - for example on blogs, discussion forums, or other community posting or social networking sites - or by providing your Touchbase Card to any third party - that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Our Services are not directed to people under 13 years of age. If you become aware that your child has provided us with Personal Information without your consent, please contact us at firstname.lastname@example.org. We do not knowingly collect Personal Information from children under 13. If we become aware that a child under 13 has provided us with Personal Information, we take steps to remove that information and terminate the applicable account.
Terms of Service
Please also visit our Terms of Service, when available, establishing the use, disclaimers, and limitations of liability governing the use of our Website.
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