Touch Point Worldwide, Inc. Terms & Conditions of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR SERVICES. THEY APPLY TO ALL USERS OF THE SITE, REGARDLESS OF WHETHER THEY CREATE AN ACCOUNT.
Changing Your Information
You are responsible for ensuring that information you provide in connection with any account you create on the Site or Services is accurate and up to date. You may change or edit your information on our Services by logging into your registered account.
Provision of Services
You agree and acknowledge that TPW is entitled to modify, improve or discontinue any of its services at its discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that we are entitled to provide services to you through subsidiaries, affiliated entities, or third-party service providers.
Ownership of Site Content
Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio materials, along with the layout and design of the Site or Services and all documentation, data, services, features, products and other content at the Site or Services(collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, TPW. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner.
Use of Site Content
Subject to and conditioned on your continued compliance with these Terms and all other terms and conditions that we may provide to you from time to time, TPW grants you a personal, limited, non-exclusive, non-assignable, non-transferable, non-sublicenseable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
Reservation of Rights
All rights not expressly granted by TPW herein are reserved. Nothing on the Site or Services or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party, or may be construed to mean that TPW has the authority to grant any license on behalf of any third party.
TPW trademarks, including the trademarks “berify.io,” “Touch Point Worldwide, Inc.” our logo, all page headers, graphics, images, symbols, trade names and other TPW marks found at the Site are the proprietary property of TPW (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of TPW.
Third Party Trademarks
The trademarks of third parties may also appear on the Site or Services from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the these trademarks, nor may anything be construed to mean that TPW has authority to grant any right or license on behalf of any third-party trademark owner.
Restrictions, Limitations and Conditions of Use
Any unauthorized use of our Site, Services or Site Content for any purpose is prohibited. Your rights to this Site and Services are given on the condition that you use them in accordance with these Terms. You may not use the Services for any unlawful purpose and you may not, unless otherwise agreed by us:
access, solicit, collect or use any personally identifying information about any other users of the Services or anyone else, except as expressly permitted under these Terms or any other agreement you or your organization may have with us;
restrict or inhibit others from using the Services;
transmit to or introduce at the Site or Services any viruses, harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble or modify any Site or Services source or object code or any software or other services or processes accessible through any portion of the Site or Site Content (to the extent such restriction is permitted under applicable law);
submit, upload, email or otherwise transmit any content or other materials, to or through the Services that: a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others; or (c) has an advertising, political marketing, promotional or other commercial purpose;
engage in any activities that interfere with another user’s access to the Services or the proper operation of the Site or Services; or
distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Site or Services in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands.
TPW has no obligation to monitor your interaction with the Services, but reserves the right to review or monitor them, if permitted, in its sole discretion.
Some of the features on the Service may require or permit you to register for an account through an online registration process. When you register for an account, you will select login credentials and you agree that: You will not use a username (or e-mail address) used by someone else that impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity or that is offensive. You will provide true, accurate, current and complete registration information about your company or organization during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password. We will not be liable for any loss or damage (of any kind and under any legal theory) to your employer or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it, or its benefits all in our sole discretion, for any reason, and without advance notice or liability.
Links to Other Sites
Contest, Sweepstakes and Other Promotions
From time to time, TPW may conduct promotions on or through the Services, including without limitation, contests, rewards, sweepstakes and other promotions (“Promotions”). Each Promotion may have jurisdictional limitations, additional terms and/or rules of participations (“Promotion Rules”), which will be posted on the Services or otherwise made available to you. The Promotion Rules for each Promotion in which you participate are deemed incorporated into and form a part of these Terms. It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine your participation requirements.
Disclaimer, Limitation of Liability, and Indemnification
The materials, Site Content and services offered on the Site and through the Services are provided “AS IS” and without warranties or conditions of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, conditions and other terms, express, implied, statutory or otherwise, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. We do not warrant that the use of the Site or Services will be uninterrupted or error-free, that defects will be corrected, or that the Site, Services or the server(s) that make it available or any advertised or hyperlinked site are free of viruses or other harmful components or that the Site, Services, server(s), or advertised or Linked Sites will be accessible at all times. We do not warrant or make any representations, conditions or other terms regarding the use of the Site or Services or any information contained therein, including Site Content, with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access the Site. To the extent that applicable law may not allow the exclusion of implied warranties or conditions, the above exclusions may not apply to you.
In the event that a court finds the above disclaimer of direct damages to be unenforceable, in no event will TPW’s total aggregate liability for all damages, including without limitation all claims, losses, liabilities, costs and expenses (including legal fees and expenses) to you related to the Site, Services, or Site Content, or these Terms, exceed the lesser of (a) the direct damages suffered by you, and (b) $50.
Documents, information, graphics and other materials appearing on the Site or Services may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, graphics or other materials is at your own risk.
You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors (the “TPW Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to the maximum extent permitted by the applicable laws of your jurisdiction of residence. None of the TPW Parties will be liable to you under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You hereby agree to indemnify the TPW Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from your use of the Site, Services or any breach of these Terms by you.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state or country of residence. Certain jurisdictions have heightened consumer protection laws that may make certain portions of these Terms inapplicable to you. For example, if you are a New Jersey consumer, certain provisions do not limit or waive your rights as a consumer under New Jersey law. The provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction. No provision of these Terms shall limit or waive your rights as a consumer under the law of your state or country of residence. In any event, TPW reserves all rights, defenses and permissible limitations under the law of your state or country of residence.
Ability to Accept Terms
You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Site is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Site or Services.
Choice of Law and Forum
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the dispute resolution and arbitration provisions set forth below, you hereby consent and submit to the person jurisdiction of the state and federal courts located in California. If any provision of these terms 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. Any waiver of any provision of these Terms must be in writing signed by an authorized representative of TPW to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION LAWS OF YOUR STATE OR JURISDICTION OF RESIDENCE.
Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver In order to expedite and control the cost of disputes, you and TPW agree that any legal or equitable claim relating to the use of this Site or interaction with the Services (referred to as a “Claim”) will be resolved as follows:
1. Informal Resolution:
You and TPW will first attempt to resolve any Claim informally. In the event that any dispute between us and you arises out of or relates to: (i) these Terms; (ii) the Site or Services; or (iii) the purchase of any products from this Site, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to firstname.lastname@example.org.
1.Formal Resolution by Arbitration / Class Action Waiver.
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms, your use of the Site or Services, or the purchase of any products from this Site or Services, or the determination of the scope or applicability of arbitration shall be governed as set forth below.
If you and TPW cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and TPW understand and agree that all processes, such as a court action or administrative proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and TPW each agree to settle disputes (except certain small claims as set forth below) only by Arbitration.
ARBITRATION MEANS THAT YOU WAVE YOUR RIGHT TO A JURY TRIAL.
The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms as a court would. The Arbitration will be conduction under the American Arbitration Association Consumer Arbitration Rules (referred to as the “AAA Rules”) and under the rules set forth in these Terms. If there is a conflict between AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. You may, in Arbitration seek any and all remedies otherwise available to you pursuant to the law of the governing jurisdiction. If you decide to initiate Arbitration, TPW agrees to pay the Arbitration initiation fee and any additional required deposit required by AAA to initiate your Arbitration. You and TPW agree to pay the costs of the Arbitration proceedings provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the AAA Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with AAA Rules. The arbitration will be held at a location in your home town area if possible, unless you and TPW both agree to another location or telephonic Arbitration. To initiate Arbitration, you or TPW. must do the following things:
Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can file a Demand for Arbitration at https://www.adr.org/.
Send one copy of the Demand for Arbitration to the other party.
Special rules in the Arbitration Proceeding.
Except for errors of law, the arbitrator’s decision is final and binding on all parties and may be enforced in any court that has jurisdiction.
Neither you nor TPW shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity.
THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and TPW agree that the AAA Class Action Rules do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court in lieu of Arbitration.
Limited Time to File Claims
You agree that you will assert any Claim arising out of your use of any TPW Site or Services or the purchase of any product from this Site or Services within one (1) year after the Claim arises, or such claim will be barred.
Severability and Enforceability
If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.
We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Site or Services for any reason or for no reason whatsoever, including improper use of the Site or Services or failure to comply with these Terms, and to take any other action we deem appropriate.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to TPW through the Site or Services are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Steward shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
Terms Applicable if Accessing Services through an Android Device
If you are accessing or using the Site or Services through an Android device, you acknowledge that Google Inc.’s Terms of Service (see: https://www.google.com/intl/en/policies/terms/) are incorporated herein by reference, and you agree to be bound thereto.
Terms Applicable if Accessing Services through Apple iOS
If you are accessing or using the Site or Services through an Apple device, the following applicable additional terms and conditions are applicable to you and are incorporated into the Terms by reference:
(i) To the extent that you are accessing the Site or Services through an Apple device, you acknowledge that these Terms are entered into between you and TPW, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) The license granted to you under these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Service.
(iii) You acknowledge that TPW, and not Apple, is responsible for providing the Site and Services and Site Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Site or Services.
(v) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Site or Services.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and TPW, TPW and not Apple is responsible for addressing any claims you may have relating to the Site or Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Site or Services fail to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Site or Services infringes on a third-party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(ix) When using the Site or Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with them.
Changes to Terms
We may revise these Terms at any time, with or without notice, by updating this page or notifying you of the changes, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Site or Services following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Site or Services, including your access to it. Unless explicitly stated, any new features will be subject to these Terms.
TPW’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.
We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.
If you have any questions or comments on the Site or Services or become aware of misuse of them by any person, please contact us at: email@example.com.
Exclusions and Limitations; Consumer Protection Notice
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction of residence. If you are a New Jersey consumer, the terms of Sections entitledDisclaimer, Limitation of Liability,Indemnification; Unauthorized Dealers and Resellers; Links to Other Sites; Choice of Law and Forum; Limited Time to File Claims; Severability and Enforceability;and Geographic Limitations do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, TPW reserves all rights, defenses and permissible limitations under the law of your state of residence. Notwithstanding the foregoing, nothing in this Section shall modify the subsection: “Formal Resolution by Arbitration / Class Action Waiver” of the Section titled “Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver”.
These Terms constitute the entire and exclusive agreement between you and TPW regarding the Site, Services and their use, and supersedes all other agreements, understandings and communications, if any, whether oral or written.
If you have any questions regarding these Terms or your use of our Site, please contact us at by e-mail at firstname.lastname@example.org.