Terms of Service
By accessing or using our Services, you agree to be bound by these Terms. These Terms constitute a binding legal agreement between New Touch Digital Inc. (“Company”, “we”, “us”, “our”) and you (“User”), as a user of our Services. If you have been authorized to and are assisting another person apply for and/or use our Services, these Terms constitute a legally binding agreement between both the helper and the person being helped and Company.
IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OR CANNOT BE BOUND BY THESE TERMS, THEN YOU MAY NOT ACCESS, BROWSE OR USE OUR SERVICES. WE DO NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE, VIEW OR USE THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. BY ACCESSING OR USING OUR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS.
At any time or for any reason, we reserve the right to modify, replace, update or change any of these Terms. Any changes, revisions or modifications to these Terms shall become effective upon posting by the Company on the Site, the App, or by sending you an email or other notification. It is your responsibility to check these Terms for changes. By continuing to use the Services, you agree to accept all such changes, revisions or modifications to the Terms. If you want to terminate your account after having accepted the Terms, please contact Customer Support at email@example.com and we will verify and complete your request.
1. How The Terms of Service Apply
These Terms apply to you, the User, and all users of our Services. Your access to and use of our Services is expressly conditioned on your acceptance of and compliance with these Terms. If you do not agree with these Terms, you are not authorized to access or use any portion of the Services in any manner or for any purpose.
Your use of any Services with which we may be affiliated may be subject to additional terms, including those terms and conditions provided by a third-party. If you do not agree with any of these additional terms and conditions, you are not authorized to use the Services subject to those additional terms.
In order to receive our Services, you must register as described below in the section entitled User Registration And Setting Up A User Account (“Registration”). The Services are available only to individuals who have been authorized by New Touch Digital Inc. to register. Authorization to register and have an account to utilize our services will be provided along with a registration code from New Touch Digital prior to registration.
You represent and warrant that you have the right, authority and capacity to enter into these Terms. In addition, you represent and warrant that (1) all registration information that you submit or that is submitted on your behalf is complete, accurate and truthful, and (2) in the event that you allow a third-party to assist you in providing any information, you have reviewed and confirmed that all registration information is complete, accurate and truthful prior to its submission to us.
New Touch Digital may, in its sole discretion, refuse to offer the Services to any person or entity at any time for any reason unless prohibited by law, and the right to access the Services is revoked in such jurisdictions. New Touch Digital reserves the right to change, modify, replace, suspend, or discontinue the Services or any element thereof (including without limitation, the availability of any function, feature, or content) at any time and for any reason. Company is not and will not be liable to you for any such change, modification, replacement, suspension or discontinuation of your ability to access and use the Services. We may also set limits on certain functions or features and services or restrict your access to parts or all of the Services without notice or liability.
2. Our Services
As part of the Services, we monitor movement, health and wellness information for individuals being clinically evaluated for or clinically diagnosed with a movement disorder. Our Services may include the following:
The ability to capture, create, upload, transmit, display and access your movement, health, and wellness information through our Services.
The ability to access your information which may be integrated with authorized third-party partners (e.g., Apple and Google).
Access to other information about New Touch Digital, our products, or our services through websites we own and operate, including, without limitation, www.newtouchdigital.com, and any other functions, features, content, or applications offered by Company.
The ability to communicate with Company personnel (e.g. Customer Support Team) while you access and use our Services.
You may use the App and/or Site to access the New Touch Digital Program. In order to access and use the App, you must download it from a mobile application provider such as the Apple App Store or Google Play (“Mobile App Provider”). You acknowledge and agree that: (i) these Terms are entered into between you and New Touch Digital and not with the Mobile App Provider; (ii) that New Touch Digital is solely responsible for the App (not the Mobile App Provider); (iii) the Mobile App Provider has no obligation to provide any maintenance of or support services for the App; (iv) the Mobile App Provider is not responsible for addressing any claims you have or the claims of any third- party relating to the App or your possession and use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirements, and (c) claims arising under consumer protection or similar legislation; (vi) you must also comply with all applicable third- party terms of service when using the Services; (v) in the event of any third-party claim that the App or your possession and use of that Mobile App infringes that third-party’s intellectual property rights, New Touch Digital will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
3. No Medical Advice
THE SERVICES DO NOT INCLUDE ANY MEDICAL ADVICE, OPINION, OR TREATMENT BY NEW TOUCH DIGITAL. ANY CONTENT PROVIDED OR ACCESSED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY OUR PERSONNEL, IS FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ENABLE REGISTERED USERS TO ACCESS DIGITAL CONTENT RELATED TO HEALTH, WELLNESS AND MOVEMENT MONITORING INFORMATION. WHILE THE SERVICES PROVIDE INFORMATION, COMPANY CANNOT AND DOES NOT DIAGNOSE YOUR HEALTH CONDITIONS OR OTHERWISE PROVIDE YOU WITH ANY MEDICAL ADVICE, OPINION OR TREATMENT. THIS CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL FOR PERSONAL MEDICAL ATTENTION AND ADVICE IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION OR BEFORE TAKING ANY DRUG, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED PROVIDED THROUGH THE SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
THE SERVICES ARE NOT INTENDED TO BE AND DO NOT CONSTITUTE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICES ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. AT ALL TIMES SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION OR THE USE OF ANY MEDICATION OR MEDICAL DEVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED THROUGH OUR SERVICES. TO THE EXTENT YOU RECEIVE MEDICAL CARE IN CONJUNCTION WITH OR AS A DURING THE TIME YOU USE OUR SERVICES, YOUR TREATING MEDICAL PROFESSIONAL IS RESPONSIBLE FOR RECEIVING YOUR INFORMED CONSENT FOR ANY MEDICAL DIAGNOSIS OR TREATMENT. THE DIAGNOSIS OR TREATMENT FROM MEDICAL PROFESSIONALS IS SEPARATE FROM AND UNRELATED TO THE SERVICES PROVIDED BY COMPANY. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PARTICULAR DRUG, DEVICE OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN IN CONNECTION WITH OR, DURING THE USR OR AS A RESULT OF USING THE SERVICES.
MEDICAL PROFESSIONALS EMPLOYED BY OR AFFILIATED WITH COMPANY ARE IN NO WAY RESPONSIBLE FOR YOUR MEDICAL CARE AND HAVE NO LEGAL RESPONSIBILITY FOR ANY PROBLEMS ASSOCIATED WITH YOUR HEALTH.
4. No Emergency Services
THE SITE, THE APP AND THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. DO NOT ATTEMPT TO COMMUNICATE WITH OR ENGAGE EMERGENCY MEDICAL PERSONNEL OR ACCESS EMERGENCY CARE THROUGH THE SITE, THE APP OR OUR SERVICES. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY MEDICAL FACILITY.
5. Privacy and Your Personal Information
6. Rules and Conduct
As a condition of using the Services, you agree not to use the Services for any purpose that is prohibited by these Terms or by applicable law. The Services (including, without limitation, any Content or User Submissions, both defined below in the Terms) are provided only for your own personal, non-commercial, limited use in accordance with these Terms. You are responsible for all of your activity in connection with the Services. For purposes of these Terms, the term “Content” includes, without limitation, any information, advertisements, advice, suggestions, videos, audio clips, materials, data (about you received through the Services or from a third-party), text, photographs, images, software, art, computer code, graphics, logos, charts, graphs, button icons and interactive features generated, provided, or otherwise made accessible by or to Company or its partners on or through the Services.
You shall not, and shall not permit any third-party to, directly or indirectly (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, objectionable, obscene, offensive, or profane;
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
constitutes unauthorized or unsolicited advertising e-mail or content;
impersonates any person or entity, including any employee, agent, or representative of Company; or
involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains software viruses, malicious script, or any other computer codes, files, or programs that are designed or intended to disrupt, damage, corrupt, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to obtain unauthorized access to any system, account, data, password or other information of Company or any third-party.
Additionally, you shall not: (a) conduct any activity or action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large data, communications, or processing load on Company’s (or its third-party providers’) technology infrastructure; (b) circumvent any measures Company implemented or may implement to prevent or restrict access to the Services; (c) interfere or attempt to interfere with the Services or any activities conducted on the Services; (d) spam or send any form of unsolicited advertising, communications, messages on the Services; or (e) use manual or automated software, devices, or other processes to “crawl”, “index” or “spider” our Site, App, Program, or Services.
You shall not: (a) decompile, disassemble, decipher, reverse engineer or by any means attempt to derive any source code or related algorithms of any part of the Site, App, or Service, unless such restriction is prohibited by law; (b) translate, amend, or otherwise create derivative works of any part of the Services; or (c) copy, convey, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
Company reserves the right to remove any User provided content from the Site, the App or the Services at any time for any reason (including, but not limited to, upon receipt of claims or allegations from a third-party or authorities relating to such Content or if Company is concerned that you may have violated these Terms), or for no reason at all.
7. User Registration and Setting Up A User Account
To use the New Touch Digital Program, you are required to register with Company and select a user account name (“Account ID”) and password. When registering you shall and must provide Company with accurate, complete, and current registration information and you shall maintain and promptly update any changes to your information. Failure to do so constitutes a breach of these Terms, which may result in the termination of your account.
There are a few items that must be strictly followed when establishing your unique Account ID. Specifically, you shall not (a) select or use as an Account ID a name of someone else with the intent to impersonate that person; (b) select or use as an Account ID a name that Company deems to be inappropriate, offensive, objectionable, vulgar or obscene. In its sole discretion Company reserves the right to refuse registration of or cancel an Account ID. Access to your account and use of your Account ID is intended for your exclusive use only. You are solely responsible for selecting your Account ID and for activity that occurs under your account. You are responsible for setting your account password and maintaining its confidentiality. You will immediately notify Company by e-mail of any unauthorized use of your password or account or any other security breach of which you become aware at firstname.lastname@example.org.
As a condition of using our Services (i.e. Site, App and/or Program), you will be required to provide Company with a valid email address and phone number when you register. You must have access and use of the email address and phone number you provide. As part of the Services, we will send you communications which may include email, text messages, voice calls and/or push notifications. By providing your contact information or otherwise participating in the Services you acknowledge and agree that we may send you communications as needed, in our sole discretion, as related to your use of and participation in our Services. You agree to receive notices, agreements, disclosures and other communications that we are required to give to you in electronic form and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in written form. Your consent to receive notices, agreements, disclosures and communications in electronic form includes (i) any notice, record or other type of communication or information that is provided to you in connection with your registration in our Services, (ii) all communications and disclosures relating to your use of or participation in our Services and, (iii) any communications and disclosures relating to discontinuation or termination in your Services, and (iv) all communications and disclosures relating to the Services that we are required by law or these Terms to provide to you. Electronic communications sent to you will be deemed to have been provided on the date that we sent the electronic communication to you.
With the exception of our Site and App, you are responsible for obtaining, installing, maintaining and operating any and all software, and hardware (collectively, “Systems”) necessary for you to access and use our Services. You are also responsible to maintain Internet services and/or any wireless services (the “Connections”) necessary for Systems to properly operate. In addition, you must utilize and maintain current browser software, antivirus software, and appropriate Internet security software. By accepting the Terms you affirm your consent to these Terms. Your affirmation demonstrates that you can access information that we send to you through electronic communications and confirm that you are able to access and use the Site, App, and the Services and receive electronic communications from us.
When you use our Services, you understand and agree to the following:
There are security risks associated with using open networks such as those introduced through your Connections, and you hereby expressly assume such risks. Additionally, your data may be corrupted, you may encounter data transmission errors and your internet access may not available.
You are fully responsible for the security of the Systems used to access the Services and for Connections and receipt of information using such Systems.
You have made your own independent evaluation of the safety and adequacy of the Connections and Systems, and are satisfied with that evaluation.
We are not responsible for any errors or problems that arise from the improper functioning or failure of the Connections or the Systems.
BY SENDING ANY INFORMATION TO US ELECTRONICALLY, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT MESSAGE, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND RESULTING DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF ITS TRANSMISSION.
8. User Fees
Company presently does not charge a fee for use of Services. Company reserves the right, at its sole discretion, to require payment of ongoing use of Services and/or certain functions or features of the Services provided.
9. Third-Party Providers
Third-Party Providers and Third-Party Websites are not under Company’s control, and Company is not responsible or liable for the content, availability, security, reliability, functions, features, accuracy, legality, services, materials or any other aspect of Third-Party Providers and Third-Party Websites. Company provides materials from Third-Party Providers and links to Third-Party Websites for the User’s convenience. You understand that Company does not have control over the content and performance of any Third-Party Providers, and therefore Company is not responsible for the content and/or performance of any such Third-Party Websites. The integration, inclusion, or availability of content or links from Third-Party Providers in the Site, App, Program or any elements of Services provided by Company does not imply endorsement or recommendation by Company or any association with the third-party website’s operators. Company does not accept any responsibility for technical, software, hardware, network, security or other failures or for unauthorized access of user transmissions by any third-parties.
COMPANY HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY THIRD-PARTY PROVIDER. YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO A THIRD-PARTY, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD-PARTY MATERIALS AND THIRD-PARTY WEBSITES.
10. Company, Content, Intellectual Property
The Site, App, Program and Services along with any and all Content are protected under United States and international intellectual property, copyright, trademark, patent, trade secret and other laws. The Site, App, Program, the Services and the Content are the exclusive property of Company. You agree to respect and abide by all copyright notices, Company instructions indicated and restrictions contained in any Content found on the Services. You may not reproduce, transmit, sell, license, rent, modify, distribute, copy, publicly display, publish, adapt, or create derivative works from, or otherwise improperly use the Services or any Content or third-party submissions or other proprietary rights not owned by you without the express written consent of Company or respective owners.
Copying or storing of any Content for anything other than personal, noncommercial use in accordance with these Terms is expressly prohibited without prior written permission from Company. You acknowledge that all Content accessed by you using the Services is accessed at your own risk and that you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services.
Subject to your agreement and compliance with our Terms (along with any additional terms and conditions we may institute) you are granted a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to enter our Site, download, install and use the App, Program, and Services. All rights in and to the Site, App, Program, and the Services not expressly granted in these Terms are hereby reserved and retained by Company.
New Touch Digital Inc. and the Spiral logo (the “Company Marks”) are trademarks or registered trademarks of New Touch Digital Inc. Other trademarks, service marks, graphics and logos appearing on the Site, App, Program or Services may be the property of a third-party (the “Third-Party Marks”). Neither your use of the Site, App, Program or the Services nor these Terms grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the Company Marks or any Third-Party Marks.
11. User Submissions
You may provide the Company (via our Site, App, and/or Services, or through third-party websites, software, apps, tools or other resources), with information and content including, without limitation, personal health information, movement data, wellness and fitness information, activity tracking, food tracking, location information, sleep data, videos, audio clips, written comments, photographs, data, text, software, scripts, graphics or other data and/or information related to the App, Site, and/or Services, including without limitation any feedback or recommendations for improvements, enhancements, or error corrections (collectively, “User Submissions”). You represent and warrant to us that (i) you own all rights, and title to your User Submissions or are properly authorized to grant the rights provided to Company herein and (ii) that doing so will not violate any law or infringe upon or violate the rights of any entity.
By providing you with the ability to post and distribute User Submissions through the Site, App, and/or Services, Company does not assume any obligation or liability relating to any User Submissions or activity related thereto, nor does Company endorse any such User Submissions. Company cannot guarantee the authenticity of any data which users may provide through the Site, App, and/or Services. Company is under no obligation to review, edit or control User Submissions and will not be responsible or liable in any way for User Submissions. Company may, however, at any time and without prior notice, expunge, screen, remove, edit, or block any User Submission that is judged by Company to violate these Terms or is otherwise objectionable or inappropriate. You acknowledge that all of your User Submissions are the sole responsibility of you, the person who made such User Submissions. This means that you are entirely responsible for all User Submissions that you upload, post, share, transmit or otherwise display to the Site, App and/or the Services. We do not control the User Submissions uploaded, posted, shared, transmitted or otherwise displayed on our App, Site, and/or Services by others; therefore, we do not guarantee the accuracy, integrity or quality of such User Submissions. Although we reserve the right, Company has no obligation to monitor the Site, App, Services, or User Submissions. By using the Site, App, and/or Services, you understand and agree that you may be exposed to User Submissions that you may find offensive or objectionable. Company may edit, modify, suspend or remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from a third-party or authorities relating to such User Submission, in order to comply with applicable laws or failure to adhere to community standards and conduct guidelines set forth in these Terms or otherwise established by Company), or for no reason at all. COMPANY DISCLAIMS ANY ACTUAL OR IMPLIED DUTY TO MONITOR USER SUBMISSIONS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY USER SUBMISSIONS OR OTHER DATA OR INFORMATION PROVIDED THROUGH THE SITE, APP, AND/OR SERVICES.
It is the responsibility of each user to provide current and accurate information, and Company does not, and cannot, investigate information contained in member public profiles or guarantee its accuracy. Company presumes that information contained in each user public profile is accurate and current. COMPANY DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY AND CURRENCY OF INFORMATION FOR ANY USER AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY USERS IN CONNECTION WITH THEIR USE OF THE SITE, APP, AND/OR SERVICES.
12. Termination Of User Account
If you wish to terminate your account at any time, follow the instructions on the Site or App or contact our customer support team at email@example.com. Company may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture, destruction and loss of all information associated with your account. Upon termination of your right to use our Services, including the Site, App, Program or our termination of the Services, all licenses, rights and other privileges granted to you by these Terms will immediately cease and terminate.
Any and all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. No Warranty
THE SITE, APP, PROGRAM AND SERVICE ALONG WITH ALL MATERIALS AND CONTENT PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.
COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, APP, SERVICE, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE SITE, APP, SERVICE, OR THE AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER ANY INFORMATION AVAILABLE ON OR TRANSMITTED BY THE SERVICE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SITE, APP, AND/OR SERVICE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, AVAILABLE, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THE RESULTS OF USING THE SITE, APP, AND/OR SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE; AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, APP, AND/OR SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE, APP, AND/OR SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY’S SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, APP, AND/OR SERVICE, YOUR INTERACTION WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE, APP, AND/OR SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE, APP, AND/OR SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITE, APP, AND/OR SERVICE, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR PERSONAL COMPUTER, MOBILE PHONE, OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE, APP, AND/OR SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE, APP, AND/OR SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
THE TERMS AND NO WARRANT DECLARATION HEREIN APPLY TO THE FULLEST EXTENT PERMITTED UNDER LAW. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnification of Company
You defend, indemnify, and hold harmless Company and each of its employees, partners, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, which may arise from or relate to: (a) your use and/or misuse of, or access to, the Services and your submissions to Company of any information or data; (b) your violation of these Terms; (c) your violation or alleged violation of any applicable international or domestic federal, state or local laws and/or regulations; or (d) infringement or alleged infringement by you (or any third-party using your account) of any intellectual property or other right of any entity. You agree to assist and cooperate with Company in asserting any available defenses should Company assume defense of any matter otherwise subject to indemnification by you.
15. Limitation of Liability
IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APP, SITE, AND/OR SERVICE OR ANY CONTENT OR MATERIALS ON THE APP, SITE, AND/OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL CONSTRUCT, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF A THIRD-PARTY; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES.
THE MAXIMUM LIABILITY OF COMPANY TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT DIRECTLY PAID BY YOU, IF ANY, FOR ACCESSING OUR SITE, APP, AND/OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE TERMS AND THE SITE, APP, AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT THESE LIMITATIONS. SOME LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU LEGALLY RESIDE IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT LEGALLY PERMITTED. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND COMPANY. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
16. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the District of Columbia, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms or use of Company Services shall be finally settled by binding arbitration in Washington, District of Columbia, in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with appropriate experience in resolving intellectual property and commercial contract disputes, who shall be selected from a list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS.
The prevailing party in the arbitration is entitled to receive reimbursement of reasonable expenses (including reasonable attorneys’ fees and other legal expenses) incurred. Judgment upon a award rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement. Notwithstanding the foregoing, each party shall have the right to institute an action in a court with jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. The parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the District of Columbia. Use of the Services is not permitted in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this Section.
A printed version of these Terms and of any notice given in electronic form shall be admissible in legal, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. Domestic (United States) & International Use
Company makes available the use of Services with the jurisdiction of the United States. If you access the Services from other locations outside the United States, you do so at your own initiative and risk and are responsible for compliance with local laws.
18. Amendment, Integration and Severability
Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.
20. Digital Millennium Copyright Act (“DMCA”) Policy
As Required by the Digital Millennium Copyright Act (“DMCA”), Company maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to our Site and/or App. All notices should be addressed to the contact person specified below, Company agent for notice of claimed infringement:
Contact for Notification of Claimed Infringement:
New Touch Digital, Inc.
3124 Dumbarton Street NW
Washington, DC 20007
Email Address: firstname.lastname@example.org
You may contact our agent for notice of claimed infringement and we will promptly investigate those complaints. If the material posted are believed by us to violate any applicable law, we will remove or disable access to the material in question and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) accurate description of the infringing material and information sufficient for us to locate the alleged material; (iii) contact information for you, including your mailing address, telephone number and/or e-mail address at which we may contact you; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person legally authorized to act on the copyright owner's behalf along with documentation validating the legal authority. Failure to include each of the listed items may result in the delay of the processing of your complaint.
21. Contact Us
You may contact Company at the following address:
New Touch Digital, Inc.
3124 Dumbarton Street NW
Washington, D.C. 20007
Updated July 2018