Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND
CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO
THE PRODUCTS. BY USING THIS WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE
TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS.
USE THIS WEB SITE OR THE PRODUCTS. Cross Digits Technologies, Inc. ("Client
Touch") provides small businesses and organizations with (i) a variety of tools
and resources to collect visitor email addresses and to create, launch, and
manage online email campaigns (the "Email Marketing Product") and (ii) a variety
of related offerings, including email archiving and premium image hosting
services. The Email Marketing Product and any related offerings are referred to
in these Terms and Conditions of Use as the "Products"). ClientTouch.com’s
Products may not be used for the sending of unsolicited email (sometimes called
"spam"). See our
Anti-Spam Policy, which is incorporated into these Terms and
Conditions of Use by reference.
The following are the terms and conditions of Use for access to this web site
and use of the Products. By clicking the ‘I accept’ button on the sign-up page,
by logging in to your ClientTouch.com account or by accessing the ClientTouch.com
services via any API interface, you accept these terms and conditions of Use.
1. Copyright and Trademark Information
Copyright © 1996-2009 Cross Digits Technologies, Inc. All Rights Reserved.
This web site, and the information which it contains, is the property of Client
Touch and its affiliates and licensors, and is protected from unauthorized
copying and dissemination by United States copyright law, trademark law,
international conventions and other intellectual property laws. By way of
example only, and not as a limitation, "ClientTouch.com" and the ClientTouch.com
logo are registered trademarks of Cross Digits Technologies, Inc. under the
applicable laws of the United States and/or other countries. Other ClientTouch.com
product or service names or logos appearing in this Site are either trademarks
or registered trademarks of Cross Digits Technologies, Inc. and/or its
affiliates. The absence of a product or service name or logo from this list does
not constitute a waiver of ClientTouch.com’s trademark or other intellectual
property rights concerning that name or logo.
2. Representations and Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement (as
defined in Section 3 below), you hereby represent, acknowledge and agree that:
• The Products may not be used for the sending of unsolicited email (sometimes
called "spam").
• The Products may only be used for lawful purposes.
• The Email Marketing Product will be subject to monthly subscription fees once
you have completed your free trial period or have exceeded the free subscriber
limit. The Email Marketing Product may also be subject to per message and
overage charges. For more information on fees, see Section 4 below and the Fee
Schedule.
• You agree you will not access or otherwise use third party mailing lists or
otherwise prepare or distribute unsolicited email, in connection with the
Products.
• You agree to import, access or otherwise use only lists for which all listed
parties have consented to receive correspondence from you ("Permission Based
Lists") in connection with your use of the Products. Mere agreement of a person
or entity to participate in a survey is not consent to receive correspondence
from you. For respondents to your surveys, consent to receive other
correspondence is evidenced by the respondent opting into the "Join My Mailing
List" link in the course of responding to your survey. You hereby covenant that
you shall not use any other lists in connection with your use of the Products.
• You acknowledge and agree that not all email messages sent through use of the
Products will be received by their intended recipients.
• Every email message sent by you in connection with the Products must contain
the ClientTouch.com "unsubscribe" link that allows the recipient to remove
themselves from your mailing list.
• You will comply with the restrictions on content of email messages and
activities using the Products as set forth or referenced in this Agreement.
• You acknowledge and agree that you are the sole or designated "sender" (as
such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under
such act) of any email message sent by you using the Products.
• You agree that the "from" line of any email message sent by you using the
Products will accurately and in a non-deceptive manner identify your
organization, your product or your service.
• You agree that the "subject" line of any email message sent by you using the
Products will not contain any deceptive or misleading content regarding the
overall subject matter of the email message.
• You agree to include in any email message sent by you using the Products your
valid physical address, which may be a valid post office box meeting the
registration requirements established by the United States Postal Service.
• You agree that in any email message sent by you using the Products you will
not include any incentives (e.g., coupons, discounts, awards) that encourage a
recipient to forward the email message to another recipient.
• You will adopt and maintain the
Privacy Policy , which may be modified by
ClientTouch.com from time to time.
• If you are accessing or using the Products through a third party service or
web site ("Third Party Service"), you will abide by these Terms and Conditions
of Use regardless of anything to the contrary in your agreement with such third
party. You shall not use such Third Party Service to avoid the restrictions set
forth in these Terms and Conditions of Use.
3. Products and Support
The Products are provided subject to these Terms and Conditions of Use, as they
may be amended by ClientTouch.com, and any guidelines, rules or operating policies
that ClientTouch.com may establish and post from time to time (collectively, the
"Agreement"), including without limitation ClientTouch.com’s customer Privacy
Policy, as linked from all email generated from ClientTouch.com or otherwise
furnished to you (the "Policy") (unless otherwise stated, all references to the
Agreement shall include the Policy). By posting updated versions of the
Agreement on the constantcontact.com website, or otherwise providing notice to
you, ClientTouch.com may modify the terms of the Agreement and may discontinue or
revise any or all other aspects of the Products in its sole discretion. Except
as otherwise provided in the Agreement, all such changes shall become effective
upon the posting of the revised Agreement on the Product or at the Client
Touch’s website. The Products are available only to persons who can form
legally binding contracts under applicable law. Without limiting the foregoing,
the Products are not available to individuals under the age of 18. If you do not
qualify, you are not permitted to use the Products. If you are using the
Products in your capacity as an employee, you must have the ability to bind your
employer by your use of the Product. You must complete the registration form on
the ClientTouch.com sign up web page in order to use the Products. You will need
to register separately for the Email Marketing Product. You shall provide true,
accurate, current, and complete information about yourself as requested in the
registration form. You may from time to time provide ClientTouch.com’s service
personnel with remote access to your computers and other systems for the purpose
of troubleshooting issues that arise in your use of the Products. You hereby
waive any claim for damages from any problems that may arise from such access,
including without limitation any disruption or damage caused by ClientTouch.com or
its personnel.
If you are accessing or using the Products through a Third Party Service, you
agree and acknowledge that ClientTouch.com is not responsible or liable for any
actions of such third party or for any aspect or result of such Third Party
Service. You use such Third Party Service at your own risk. You further agree
and acknowledge that ClientTouch.com may terminate such Third Party Service’s
ability to interact with the Products at any time, with or without notice, and
in ClientTouch.com’s sole discretion, with no liability to you or the third party.
4. Free Trial; Fees and Payment
4.1 Fees for Email Marketing Product.
For the Email Marketing Product, once you have completed your free
trial period or you have exceeded the free subscriber limit, you will be subject
to monthly subscription fees in accordance with the
Fee schedule and related
information (the "Fee Schedule"). The Fees are based on the highest number of
subscribers or contacts in your account at any time during the previous month.
For purposes of this Agreement, each unique email address will count as one
subscriber or contact. In addition, if you have more than 50,000 subscribers or
contacts in your account, per message fees will be incurred when the number of
messages you send in a month exceeds four times the maximum number of
subscribers or contacts allowed in your current pricing tier. You will be
required to submit payment monthly in advance for the Email Marketing Product
(unless you have already provided payment or means of payment, such as credit
card information) and may purchase, in advance, a monthly subscription for the
Email Marketing Product. Access to the Email Marketing Product will be disabled
until payment is received. Fees will be billed monthly or your pre-paid account
will be debited monthly for the Email Marketing Product, even if you are not
actively using the Email Marketing Product. If selected by you, you will also be
billed for premium image hosting and email archiving services.
4.2 Fee Schedule; Discounts. You are responsible for reviewing the
Fee Schedule from time to time and remaining aware of the
fees charged by ClientTouch.com. The Fee Schedule, including subscriber levels,
survey response levels and prices, is subject to change at any time in Client
Touch’s sole discretion. ClientTouch.com will use good faith efforts to notify
you via email prior to the effectiveness of any change to the Fee Schedule. If
you receive special discounts through a marketing partner, those discounts may
not be available if you cease to continue to be a customer of the marketing
partner, in which case ClientTouch.com’s standard rates will apply. ClientTouch.com
may rely on information provided by the applicable marketing partner, if any,
with respect to the status of your account. Repeated uploading and removing of
unique email addresses in an attempt to circumvent ClientTouch.com’s Fee Schedule
and billing procedures is prohibited.
4.3 Payment. Payment for Products will be made by a valid credit card accepted by ClientTouch.com. Checks will be accepted for
prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the
monthly payment option is selected or if you have previously provided your
credit card for payment, you hereby authorize ClientTouch.com to charge your
credit card for such amounts on a regular monthly basis beginning at the end of
your free trial period and continuing until such time as your account is
terminated. If ClientTouch.com is for any reason unable to effect automatic
payment via your credit card, ClientTouch.com will attempt to notify you via email
and your ClientTouch.com account will be disabled until payment is received.
Amounts paid for the Products are not refundable.
5. Email, Permission Practices, Image Hosting & Prohibited Content
5.1 Subscriber Opt Out. Every email message sent in connection with the Products must contain an "unsubscribe" link that
allows subscribers to remove themselves from your mailing list and a link to the
then current
Privacy Policy. Each such link must remain operational for a period
of thirty (30) days after the date on which you send the message, and must be in
form and substance satisfactory to ClientTouch.com. You acknowledge and agree that
you will not remove, disable or attempt to remove or disable either link. You
shall monitor and process unsubscribe requests received by you directly within
10 days of submission, and update the email addresses to which messages are sent
through your ClientTouch.com account. Under the CAN-SPAM Act of 2003, you
acknowledge that you are responsible for maintaining and honoring the list of
unsubscribed requests following termination of your account and this Agreement.
5.2 Permission Practices. You agree to import, access, or otherwise use only Permission Based Lists in connection with your
use of the Products. You hereby covenant that you shall not use any other lists
in connection with your use of the Products. If you have used the ClientTouch.com
feature that allows you to request a recipient to confirm that you have his or
her permission to send emails to him or her, and such recipient has not
responded or does not respond affirmatively to such request for confirmation,
you agree that you shall not send emails to that recipient. Without limiting the
foregoing, you agree that you shall not utilize the Product to send any
commercial electronic mail message (as that term is defined in the CAN-SPAM Act
of 2003) to any person who has opted out or otherwise objected to receiving such
messages from you or another sender on whose behalf you may be acting. You
cannot mail to distribution lists, newsgroups, or spam or unsolicited email
addresses. You cannot copy a ClientTouch.com template or any other features or
functionality from the Products and use them for any purpose other than sending
email messages from the Products. Emails that you send through the Product may
generate spam complaints from recipients. As a matter of privacy, ClientTouch.com
cannot share with you the email addresses of those who complain about your email
campaign. You are responsible for ensuring that your email campaigns do not
generate a number of spam complaints in excess of industry norms. ClientTouch.com,
in its sole discretion, shall determine whether your level of spam complaints is
within industry norms, and its determination shall be final, binding and
conclusive for all purposes under this Agreement. ClientTouch.com will terminate
your use of its Products if ClientTouch.com determines that your level of spam
complaints is higher than industry norms.
5.3 Footers. For every email message sent in connection with the Products, you acknowledge and agree that ClientTouch.com may
add an identifying footer stating "Email Marketing by ClientTouch.com," "Powered
by ClientTouch.com" or a similar message.
5.4 Images. Images hosted by ClientTouch.com on ClientTouch.com controlled servers may only be used in connection with the
Products and for no other purpose whatsoever. To the extent you use images
provided by ClientTouch.com, ClientTouch.com hereby grants to you a limited,
non-exclusive, non-transferable sublicense to use the images in an unaltered
state solely in connection with your use of the Products.
5.5 Prohibited Content. ClientTouch.com prohibits the use of the Products or web site by any person or entity that:
• Provides, sells or offers to sell any of the following products or content (or
services related to the same): pornography or illicitly pornographic sexual
products, including but not limited to magazines, video and software; escort
services; illegal goods; illegal drugs; illegal drug contraband; pirated
computer programs; instructions on how to assemble or otherwise make bombs,
grenades or other weapons.
• Displays or markets material that exploits children, or otherwise exploits
children under 18 years of age.
• Provides, sells or offers products, services or content frequently associated
with unsolicited commercial email, a.k.a. spam, such as online and direct
pharmaceutical sales, including but not limited to health and sexual well-being
products, work at home businesses, credit or finance management, including but
not limited to credit repair and debt relief offerings and stock and trading
tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party
lists, and odds making and betting/gambling services, including but not limited
to poker, casino games, horse and dog racing and college and pro sporting
events.
• Provides material that is grossly offensive, including blatant expressions of
bigotry, prejudice, racism, hatred or excessive profanity or post any obscene,
lewd, lascivious, filthy, excessively violent, harassing or otherwise
objectionable content.
• Posts or discloses any personally identifying information or private
information about children without their consent (or their parents’ consent in
the case of a minor).
• Sells or promotes any products or services that are unlawful in the location
at which the content is posted or received.
• Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
• Promotes, solicits or participates in pyramid schemes or multi-level channel
and/or network marketing (MLM) businesses, including but not limited to personal
work-at-home offers promoting "get rich quick", "build your wealth" and
"financial independence" offerings.
• Engages in any libelous, defamatory, scandalous, threatening, harassing
activity.
• Posts any content that advocates, promotes or otherwise encourages violence
against any governments, organizations, groups or individuals or which provides
instruction, nformation or assistance in causing or carrying out such violence.
• Provides content, including images, of authors, artists, photographers or
others without the express written consent of the content owner.
5.6 Right to Disable Access. ClientTouch.com, at its own discretion, may
immediately disable your access to the Products without refund if ClientTouch.com
believes in its sole discretion that you have violated any of the policies
listed above or elsewhere in this Agreement.
6. ClientTouch.com Feedback
You agree that you are responsible for your own use of the ClientTouch.com
Feedback, for any posts you make, and for any consequences thereof. You agree
that you will use the ClientTouch.com Feedback in compliance with all applicable
local, state, national, and international laws, rules and regulations, including
any laws regarding the transmission of technical data exported from your country
of residence and all United States export control laws. You agree to abide by
the
ClientTouch.com Feedback Terms and Conditions of Use and the rules and
restrictions therein. The
ClientTouch.com Feedback Terms and Conditions of Use are
incorporated by reference into this Agreement. ClientTouch.com may, in its sole
discretion, modify or revise the ClientTouch.com Feedback Terms and Conditions of
Use at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including the ClientTouch.com Feedback Terms
and Conditions of Use may result in immediate termination of this Agreement, and
may subject you to state and federal penalties and other legal consequences.
ClientTouch.com reserves the right, but shall have no obligation, to investigate
your use of the ClientTouch.com Feedback in order to (a) determine whether a
violation of the Agreement has occurred or (b) comply with any applicable law,
regulation, legal process or governmental request. Much of the content of the
ClientTouch.com Feedback, including the contents of specific postings, profiles,
blogs, images and videos, is provided by and is the sole responsibility of the
person or people who made such postings. ClientTouch.com does not regularly
monitor the content of the ClientTouch.com Feedback, so please review the Client
Touch Feedback Terms and Conditions of Use for acceptable behavior in the
ClientTouch.com Feedback. The ClientTouch.com Feedback is intended to provide Client
Touch customers with the opportunity to exchange useful information. Client
Touch does not edit any postings, and does not pre-screen or review every
posting. You agree that ClientTouch.com is not responsible for the content of any
postings in the ClientTouch.com Feedback and has no duty to correct any erroneous
statements on any part of the ClientTouch.com Feedback.
7. Restrictions and Responsibilities
7.1 No Rights in Software. This is an Agreement for services and access to
this web site, and you are not granted a license to any software by this
Agreement. You will not, directly or indirectly, reverse engineer, decompile,
disassemble, or otherwise attempt to discover the source code, object code, or
underlying structure, ideas, or algorithms of, or found at or through the
Products or any software, documentation, or data related to the Products
("Software"); remove any proprietary notices or labels from the Products or any
Software, modify, translate, or create derivative works based on the Products or
any Software; or copy, distribute, pledge, assign, or otherwise transfer or
encumber rights to the Products or any Software.
Unless you are an authorized reseller of the Products, you may not display,
copy, reproduce, or distribute the Software, any component thereof, any
documentation provided in connection with the Products or the Software, or any
content, including but not limited to newsletters, distributed to you by Client
Touch in connection with the Products. Violation of these restrictions may
result in the termination of this Agreement.
7.2 Permitted Use of the Products. The Products shall be used for your
internal business (which includes civic or charitable) purposes only, and you
shall not use the Products or any Software for timesharing or service-bureau
purposes or otherwise for the benefit of a third party. If you are using the
Products in any jurisdiction which restricts the ability of a software provider
to restrict your right to reverse engineer, decompile, disassemble, or otherwise
attempt to discover the source code, object code, or underlying structure,
ideas, or algorithms of the Software or Products, then you hereby covenant that,
prior to engaging in such activities, you will first request that ClientTouch.com
perform such work at its standard professional services rates. ClientTouch.com can
then decide either: (i) to perform the work in order to achieve such
interoperability and charge its then standard rates for such work to you; or
(ii) to permit you to reverse engineer parts of the Software in order to obtain
such source code, but only to the extent necessary to achieve such
interoperability or (iii) provide you with the information that you need
regarding the Software for the purpose for which applicable law permits you to
engage in such activities despite a contractual prohibition on such activities.
7.3 Compliance with Laws; Monitoring. You shall use the Products only in
compliance with this Agreement, the federal
CAN-SPAM Act of 2003 and regulations
thereunder and all other applicable U.S., state, local and international laws
(including but not limited to policies and laws related to spamming, privacy,
obscenity, or defamation, copyright and trademark infringement and child
protective email address registry laws). Although ClientTouch.com has no
obligation to monitor the content provided by you or your use of the Products,
ClientTouch.com may do so and may block any email messages, remove any such
content or prohibit any use of the Products that ClientTouch.com believes may be
(or is alleged to be) in violation of the foregoing.
7.4 Indemnification. You hereby agree to defend, indemnify and hold
harmless ClientTouch.com and its business partners, third-party suppliers and
providers, licensors, officers, directors, employees, distributors and agents
against any damages, losses, liabilities, settlements, and expenses (including
without limitation costs and reasonable attorneys' fees) in connection with any
claim or action that (i) arises from any alleged breach of this Agreement, (ii)
arises from the content or effects of any messages you distribute using the
Products or (iii) arises from your activities or postings on the ClientTouch.com
Feedback, (iv)otherwise arises from or relates to your use of the Products. In
addition, you acknowledge and agree that ClientTouch.com has the right to seek
damages when you use the Products for unlawful purposes, in an unlawful manner,
and/or in a manner inconsistent with the terms of this Agreement, and that such
damages may include, without limitation, direct, indirect, special, incidental,
cover, reliance and/or consequential damages.
7.5 Your Information. In using the varied features of the Products, you
may provide information about yourself or your employer (such as name, contact
information, or other registration information) to ClientTouch.com. ClientTouch.com
may use this information and any technical information about your use of the
Products to tailor its presentations to you, facilitate your movement through
the Product, or communicate separately with you. If you accessed the Products as
a result of solicitation by a marketing partner of ClientTouch.com, ClientTouch.com
may share your information with the marketing partner and the marketing partner
may share related information with ClientTouch.com. Except as described above.
ClientTouch.com will not provide your information, including your contact and
account information, to third parties who you have not authorized to receive
such information, except(i) as required by law or court order, including without
limitation judicial process and law enforcement, or in the good-faith belief
that such action is necessary to comply with law or a court order or (ii) if
your ClientTouch.com account was terminated from due to unsolicited commercial
email being sent from your ClientTouch.com account. ClientTouch.com will never sell
or rent your contact lists to anyone without your permission and acknowledges
your ownership right in your contact lists. In the event ClientTouch.com amends or
revises the policy described in the immediately preceding sentence, it will
provide advance notice of such amendment or revision.
7.6 Intellectual Property Rights in Your Content. You agree that you
will not upload or transmit any contact lists, communications or content of any
type to this web site or in connection with the Products that infringe,
misappropriate or violate any rights of any party. By submitting ideas,
concepts, inventions, or content to this web site or using them in connection
with the Products, you agree that such submission is non-confidential for all
purposes. If you make any such submission, you agree that you will not send or
transmit to ClientTouch.com or to any third party using the Products, any
communication or content that infringes or violates any rights of any party. If
you submit any business information, ideas, concepts or inventions or content to
ClientTouch.com by email, you agree such submission is non-confidential for all
purposes. If you make any submission to this web site or if you submit any
business information, idea, concept or invention to ClientTouch.com by email, you
automatically grant—or warrant that the owner of such content or intellectual
property has expressly granted— ClientTouch.com a non-exclusive, royalty-free,
perpetual, irrevocable, worldwide license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute, perform, and display
such content in any manner.
8. Termination
You may terminate this Agreement at any time by calling ClientTouch.com
Customer Support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE
FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND CLIENTTOUCH.COM IS NOT
RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS
AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR
FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
ClientTouch.com may terminate this Agreement or the Products, disable your account
or put your account on inactive status, in each case at any time with or without
cause, and with or without notice. ClientTouch.com shall have no liability to you
or any third party because of such termination or action.
ClientTouch.com may delete any of your archived data within 30 days after the date
of termination. After termination, you shall process all unsubscribe requests
within 30 days of your last email campaign. ClientTouch.com will provide upon
request the list of unsubscribe requests from your account. Under the CAN-SPAM
Act of 2003, you acknowledge that you are responsible for maintaining and
honoring the list of unsubscribed requests following termination of your account
and this Agreement. All sections of this Agreement that by their nature should
survive termination will survive termination, including, without limitation,
ownership, warranty disclaimers and limitations of liability.
If your account is classified (at ClientTouch.com’s sole discretion) as inactive
for over 120 days, ClientTouch.com has the right to permanently delete your
subscriber data. ClientTouch.com will use good faith efforts to contact you via
email prior to taking any permanent removal actions.
9. Warranty Disclaimer;Remedies
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS,
INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR
SOLE RISK. CLIENTTOUCH.COM DOES NOT WARRANT THAT THE PRODUCTS WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS"
AND CLIENTTOUCH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the
Products shall be for ClientTouch.com to use commercially reasonable efforts to
adjust or repair the Products.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CLIENTTOUCH.COM OR
ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION
PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES,
DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS
"CLIENTTOUCH.COM") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES,
WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL
DAMAGES, EVEN IF CLIENTTOUCH.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT,
NOTWITHSTANDING THE FOREGOING, CLIENTTOUCH.COM PORFESSIONAL IS FOUND LIABLE TO YOU
FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF CLIENTTOUCH.COM TO YOU ARISING IN
CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE
PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM,
LESS ANY DAMAGES PREVIOUSLY PAID BY CLIENTTOUCH.COM TO YOU IN THAT TWELVE (12)
MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
APPLY TO YOU.
11. Restricted Persons; Export of Products or Technical Data
You hereby warrant that you are not a Restricted Person. For purposes of this
Agreement, you are a Restricted Person if you or any officer, director, or
controlling shareholder of the entity on behalf of which you are using the
Products is (1) a national of or an entity existing under the laws of Cuba,
Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited
from engaging in transactions, as may be determined from time to time by the
U.S. Treasury Department; (2) designated as a Specially Designated National or
institution of primary money laundering concern by the U.S. Treasury Department;
(3) listed on the Denied Persons List or Entity List by the U.S. Commerce
Department; (4) engaged in nuclear, missile, chemical or biological weapons
activities to which U.S. persons may not contribute without a U.S. Government
license; or (5) owned, controlled, or acting on behalf of a Restricted Person.
If you become a Restricted Person during the term of this Agreement, you shall
notify ClientTouch.com within twenty-four (24) hours, and ClientTouch.com shall have
the right to terminate any further obligations to you, effective immediately and
with no further liability to you, but without prejudice to your outstanding
obligations to ClientTouch.com.
You agree that you shall not utilize the Products to conduct or facilitate any
transaction with any Restricted Person, except as may be expressly authorized in
advance in writing by the U.S. Government. You may not remove or export from the
United States or allow the export or re-export of the Products, or any direct
product thereof, including technical data, in violation of any restrictions,
laws, or regulations of the United States or any other applicable country.
12. Links to Third-Party Web Sites
This web site may contain links to non- ClientTouch.com web sites. These
links are provided to you as a convenience, and ClientTouch.com is not responsible
for the content of any linked web site. Any non- ClientTouch.com web site accessed
from this web site is independent from ClientTouch.com, and ClientTouch.com has no
control over the content of that web site. In addition, a link to any non-
ClientTouch.com web site does not imply that ClientTouch.com endorses or accepts any
responsibility for the content or use of such web site.
13. 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 ClientTouch.com of that
third party or of any product or service provided by a third party.
14. Notice and Take Down Procedures;Copyright Agent
If you believe any materials accessible on or from this web site or the Products infringe your
copyright, you may request removal of those materials (or access thereto) from
this web site by contacting ClientTouch.com’s copyright agent (identified below)
and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed.
Please describe the work, and where possible include a copy or the location
(e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its
location. Please describe the material, and provide us with its URL or any other
pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) email address.
4. A statement that you have a good faith belief that the complained of use of
the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and
indicating that "under penalty of perjury," you are the copyright owner or are
authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or
authorized representative.
ClientTouch.com’s agent for copyright issues relating to this web site is as
follows: Deepak Shroff Compliance Manager Cross Digits Technologies, Inc. 4175 N
Rancho Dr. Ste 110 Las Vegas, NV 89130 Phone: (702) 505-9418 Fax: (781) 472-8101
Email:
compliance@clienttouch.com
In an effort to protect the rights of copyright owners, ClientTouch.com maintains
a policy for the termination, in appropriate circumstances, of subscribers and
account holders of this web site who are repeat infringers.
15. Open Positions on Career Pages
ClientTouch.com may list open employment positions on this web site. Any such
postings are for informational purposes only and are subject to change without
notice. You should not construe any information on this web site or made
available through this web site as an offer for employment. Nor should you
construe anything on this web site as a promotion or solicitation for employment
not authorized by the laws and regulations of your locale.
16. Username and Password
You are responsible for maintaining the security of your account,
passwords, and files. ClientTouch.com will accept the instructions of any
individual who claims to be authorized to direct changes to your account so long
as such person presents your username and password on-line, by email or by
phone, or through a Third Party Service, if any, through which you access the
Products. ClientTouch.com has no knowledge of your organizational structure, if
you are registering for the Products as an entity, or your personal
relationships, if you are a person. ClientTouch.com shall not be responsible for
the actions of any individuals who misuse or misappropriate your contact lists
or other assets using your username and password.
17. Forward-Looking Statements
You acknowledge that this web site contains "forward-looking statements"
within the meaning of the Private Securities Litigation Reform Act of 1995
regarding ClientTouch.com. These forward-looking statements regarding Client
Touch are made as of the date they were first issued and were based on current
expectations, estimates, forecasts and projections as well as the beliefs and
assumptions of ClientTouch.com management. Words such as "expect," "anticipate,"
"should," "believe," "hope," "target," "project," "goals," "estimate,"
"potential," "predict," "may," "will," "might," "could," "intend," variations of
these terms or the negative of these terms and similar expressions are intended
to identify these forward-looking statements. Forward-looking statements are
subject to a number of risks and uncertainties, many of which involve factors or
circumstances that are beyond ClientTouch.com’s control. ClientTouch.com’s actual
results could differ materially from those stated or implied in forward-looking
statements due to a number of factors, including those risk factors contained in
documents that may be filed by ClientTouch.com from time to time with the
Securities and Exchange Commission, including but not limited to ClientTouch.com’s
Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. Past performance
is not necessarily indicative of future results. ClientTouch.com undertakes no
intention or obligation to update or revise any forward-looking statements,
whether as a result of new information, future events or otherwise.
18. Miscellaneous
18.1 If any provision of the Agreement is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force and effect
and enforceable.
18.2 ClientTouch.com and you agree that this Agreement is the complete and
exclusive statement of the mutual understanding of the parties and supersedes
and cancels all previous written and oral agreements, communications, and other
understandings relating to the subject matter of this Agreement, and that all
waivers and modifications must be in a writing signed by both parties, except as
otherwise provided herein. No delay or omission by either party in exercising
any right or remedy under this Agreement or existing at law or equity shall be
considered a waiver of such right or remedy.
18.3 No agency, partnership, joint venture, or employment is created as a
result of the Agreement, and you do not have any authority of any kind to bind
ClientTouch.com in any respect whatsoever.
18.4 In any action or proceeding to enforce rights under the Agreement,
the prevailing party will be entitled to recover its costs and attorneys' fees.
18.5 The Agreement shall be governed by the laws of the Commonwealth of
Nevada, USA without regard to its choice or law or conflict of law provisions.
All legal actions in connection with the Agreement shall be brought in the state
or federal courts located in Clark County, Nevada.
Additional Information
If you have any questions about the rights and restrictions above, please
contact ClientTouch.com by email at
info@clienttouch.com.
Copyright ©1996-2009,Cross Digits Technologies, Inc. All Rights Reserved.
Revised November 2008