The Terms constitute a legal agreement between a user ("You") and InTouch Project and govern all use of this website, including all content, information, and services provided on the website.
By accessing and using any and all functionalities of InTouch Project Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
InTouch Project may update these Terms at any time, with or without notice to you. Each time you access InTouch Project Services, you agree to be bound by the Terms then in effect. If you do not agree to these terms, please refrain from using this website.
Please review our Privacy Statement for a description of our privacy practices and an explanation of how InTouch Project may use any personal information InTouch Project collects through the InTouch Project Services.
Patents, Copyrights and Trademarks
The technology and content provided by InTouch Project Services are owned by or licensed to InTouch Project and protected by United States and international intellectual property laws. InTouch Project and its licensors retain all proprietary rights to that content and technology. The trademarks, service marks, trade names and logos appearing on this site are trademarks of InTouch Project and or its affiliates or licensors. Please visit our Copyright Statement for additional information.
By offering InTouch Project Services, InTouch Project provides you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use of the information and services provided by InTouch Project Services, strictly subject to and in accordance with these Terms. InTouch Project reserves the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice. Except for the limited license set forth in these Terms, InTouch Project does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
By accessing and using InTouch Project Services, you agree to the following restrictions:
- you will not use, intentionally or unintentionally any of the content, information, or services provided to you through the InTouch Project Services in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law. Please note that InTouch Project is not a consumer reporting agency, and you will not use any of the content, information, or services provided to you through the InTouch Project Services as a factor in establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family, or household purposes, for employment purposes, or for any other purpose authorized under section 1681b of the Fair Credit Reporting Act (15 U.S.C.A. § 1681b);
- you will not use the InTouch Project Services in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for InTouch Project Services;
- you will not interfere with any other party's use and enjoyment of InTouch Project Services, or of any of the content, information, or services provided by InTouch Project Services;
- to the extent that you are able to upload, post or otherwise transmit content using InTouch Project Services you will not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- you will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- you will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for InTouch Project Services, through password mining, hacking, or any other means;
- you will not seek to gain access to any materials or information through any means not intentionally made available by us;
- you will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, sell, or otherwise exploit InTouch Project Services, or any portion hereof without InTouch Project 's prior written consent, except that you may reproduce limited content from InTouch Project Services describing InTouch Project Services solely to educate users or potential users about InTouch Project Services;
- you will not use any framing techniques to enclose any portion of InTouch Project Services (including, but not limited to, images, text, page layout, and form) without InTouch Project 's prior written consent;
- you will not make any use of the trademarks, service marks, trade names, logos, data layout, data presentation and graphics of InTouch Project Services without InTouch Project 's prior written consent;
- you will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users;
- you will not use any robot, spider, other automatic software or device, or manual process to monitor or copy InTouch Project Services or the content or information InTouch Project Services without InTouch Project 's prior written consent;
- you will not collect any email addresses made available through InTouch Project Services for purposes of promotions or marketing campaigns;
- you will not distribute, on or through InTouch Project Services, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization without InTouch Project 's prior written permission; and
- you will not use or otherwise export or re-export InTouch Project Services, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY INTOUCH PROJECT PROVIDES INTOUCH PROJECT SERVICES "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
- WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS;
- WARRANTIES THAT ACCESS TO ANY PRODUCT WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE;
- WARRANTIES AS TO THE LIFE OF ANY URL OR THIRD-PARTY WEB SERVICE; AND
- WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, INTOUCH PROJECT.
BY ACCESSINGAND USING INTOUCH PROJECT SERVICES, YOU ACKNOWLEDGE THAT:
- PROVISION OF CONTENT AND SOFTWARE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA;
- THIS SITE, AND THE PRODUCTS AND SERVICES REFERENCED HEREIN MAY NOT SATISFY CUSTOMER REQUIREMENTS NOT EXPRESSLY STATED IN THE CUSTOMER AGREEMENT.
IN NO EVENT WILL INTOUCH PROJECT BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR:
- INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF INTOUCH PROJECT SERVICES, WHETHER OR NOT INTOUCH PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE;
- ANY CLAIM(S) RELATING IN ANY WAY TO CUSTOMER'S INABILITY OR FAILURE TO PERFORM RESEARCH OR OTHER WORK OR TO PERFORM SUCH RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY INTOUCH PROJECT;
- ANY DECISION MADE OR ACTION TAKEN BY CUSTOMER IN RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH INTOUCH PROJECT SERVICES.
This InTouch Project Services may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion through InTouch Project Services is accurate and complies with applicable laws. InTouch Project is not responsible for the illegality of, or any error or inaccuracy in, advertisers' or sponsors' materials, or for the acts or omissions of such advertisers or sponsors.
Links to Third Party Sites
The InTouch Project Services may provide links to other third-party World Wide Web sites or resources. InTouch Project makes no representations whatsoever about any other web site which you may access through this Site and InTouch Project Services. Because InTouch Project has no control over such sites and resources, you acknowledge and agree that InTouch Project is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. InTouch Project makes no representation or warranty as to any third party Content, products or services, and you agree that InTouch Project shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
Registration and Account Information
Use of InTouch Project Services (through either free access or paid subscription) may require you to register as a user and create an account. By registering and creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. You also expressly consent to the charges to be assessed in accordance with the payment plan selected during registration, using the payment method provided at the time of registration, to maintain your registration for the Intouch Project Services. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are also responsible for ensuring that your account password is non-obvious and sufficiently complex (i.e., using upper and lower case letters, numbers, and special characters). If you believe there has been unauthorized use, you must notify us immediately.
You acknowledge and agree that InTouch Project, in its sole discretion, may terminate your access to InTouch Project Services if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason, InTouch Project shall not be liable to you or any third party for termination of access to InTouch Project Services. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the InTouch Project Services.
You agree and acknowledge your understanding that the use of the InTouch Project Services is governed by the provisions of the Intellectual Property laws of the United States of America (Lanham Act, America Invents Act, Copyright Act) and breach of the Usage Restrictions provisions described herein constitutes a direct or contributory infringement of InTouch Project intellectual property rights.
You agree to indemnify, defend, and hold InTouch Project and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of New York, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Eastern or Southern Districts of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
Severability of Provisions
If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
If you have any questions about these Terms, or about the content, information, or services provided by InTouch Project, you may contact us using any of the methods described on our Home page.