Last Revised: August 19, 2020
ATTENTION: touchthefuture.us, walk2walk.org and touchthefuture-onthespot.us are each a wholly-owned entity of Touch the Future, Inc. ("TTF"). These Terms and Conditions of Use set forth the basis on which you are permitted to access and use any "TTF" websites (the "Websites" and each individually, a "Website"). Please read these terms and conditions of use carefully before using any of the Websites. By accessing and using the Websites in any way, including, without limitation, browsing the Websites, you agree to and are bound by the terms and conditions of use described herein. If you do not agree to all of the terms and conditions contained herein, do not use any of the Websites in any manner. These terms and conditions of use may be updated from time to time. Accordingly, you should check the date above that these terms and conditions of use were last revised and take notice of any changes.
OWNERSHIP OF INTELLECTUAL PROPERTY
All content included in the Websites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of "TTF" and protected by U.S. and international copyright, trademark and other intellectual property laws, and all such rights are hereby reserved. Permission is granted to electronically copy and print hard copy portions of the Websites for the sole purpose of placing an order on any of the Websites or using any Website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Websites is strictly prohibited. All trademarks, logos, service marks and trade names are proprietary to "TTF" or other respective owners that have granted that Website the right and license to use such intellectual property.
REGISTRATION, ACCOUNTS AND PASSWORDS
If you register and create an account on any of the Websites you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose, and (ii) all activities that occur under such password or account identifiers. You agree to notify "TTF" of: (i) any loss of your password or other account identifiers and (ii) any unauthorized use of your password or other account identifiers. "TTF" shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions of Use.
UNSOLICITED SUBMISSION POLICY
"TTF" does not accept or consider unsolicited ideas, suggestions, materials or other information (all of the foregoing being "Submissions"). The purpose for this policy is to avoid misunderstandings or disputes with respect to the origin of ideas, products, services and strategies of "TTF". Please do not send your unsolicited Submissions to "TTF" or anyone at "TTF". In the event that you disregard this policy and post, upload, input, provide, submit or otherwise make a Submission to "TTF", (i) you will be granting "TTF" and its affiliates permission to use your Submission in connection with the operation of its businesses (the "License"), including, without limitation, the right to copy, distribute, display, edit, reproduce, translate and reformat your Submission for both commercial and non-commercial purposes, (ii) you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, the rights necessary to grant the License, and (iii) any such Submissions will be considered non-confidential and non-proprietary communications. No compensation will be paid with respect to your Submission. "TTF" will not be subject to any obligation of confidence with respect to your Submission.
NO UNLAWFUL OR PROHIBITED USE
You may not use the Websites for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Websites in any manner that could damage, disable, overburden or otherwise impair any "TTF" server or the network(s) connected to any "TTF" server, or interfere with any other person's use and enjoyment of the Websites. You may not attempt to gain unauthorized access to the Websites or the computer systems or networks connected to any "TTF" server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Websites.
LINKS
Any links to third party websites are provided for your convenience only, and "TTF" makes no recommendation or endorsement as to such websites or the products or services offered thereon.
You may link to the Websites, unless notified otherwise in writing by "TTF". However, you may not frame the Websites in a manner that may cause confusion to "TTF" customers, nor may you interfere or attempt to interfere in any way with the operation of the Websites, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any website security features.
SPAM EMAIL AND POSTINGS
You agree that "TTF" would be irreparably harmed by the use, by you or others, of the Websites or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of the terms of use as provided herein, and that "TTF" is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). "TTF" reserves the right to block, filter or delete unsolicited email.
U.S. EXPORT ADMINISTRATION LAWS AND REGULATIONS
You acknowledge and agree that material on the Websites is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Websites, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
INDIVIDUAL EVENT NOTICE FOR WALK2WALK.ORG
Individuals who choose to establish and individual event on the walk2walk.org site are solely responsible for all event or personal insurance, liabilities, and legal requirements with all jurisdictions. This individual, organization, the participants, and any agents agree to hold harmless Touch the Future Inc, the sponsors, and any agents from all liabilities.
By establishing an individual event, you are responsible for all copyrights and validity of materials you post.
By establishing an event, you agree to provide a W9 and any other legally required information in order to receive payments from your fundraising event. You agree that you will receive 90% of the proceeds paid through the site less credit card fees and that "TTF" will charge a 10% administration fee with 5% of this fee going to the main Walk2Walk grant fund.
Walk2Walk PARTICIPANT NOTICE
Individuals who choose to participate in an event(s) on the walk2walk.org site are solely responsible for all insurance, liabilities, and legal requirements with all jurisdictions. The participants, and any agents agree to hold harmless Touch the Future Inc, the sponsors, and any agents from all liabilities related to participating in any events on the Walk2Walk.org site.
THEREFORE under the terms of this Agreement and sufficiency of which is hereby acknowledged, do hereby release and forever discharge Touch the Future Inc of Tucker, GA and Anderson SC Hereinafter the "Releasee") including their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following: Walk2Walk events, or other Touch the Future Inc programs, products, or services.
It is understood and agreed that this Agreement is made and received in full and complete settlement and satisfaction the causes of action, claims and demands mentioned herein; that this Release contains the entire Agreement between the parties; and that the terms of this Agreement are contractual and not merely a recital. Furthermore, this Release shall be binding upon the undersigned, and his respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the States of Georgia and South Carolina.
This release has been read and fully understood by the participant and has been explained to me and by submitting a registration or donation I acknowledge this as an electronic signature.
DISCLAIMER
THE CONTENT CONTAINED IN THE WEBSITES IS PROVIDED BY TOUCH THE FUTURE, INC. FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT.
ANY INFORMATION OR ADVICE PROVIDED THROUGH THE WEBSITES THAT IS RELATED TO SUPPORT OF TOUCH THE FUTURE, INC. SOFTWARE PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LICENSE AND SUPPORT AGREEMENT BETWEEN YOU AND TOUCH THE FUTURE INC., AND NOT TO THESE TERMS AND CONDITIONS OF USE. ANY MENTION IN THE WEBSITES OF NON-TOUCH THE FUTURE, INC. PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION.
LIMITATION ON LIABILITY
AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL TOUCH THE FUTURE, INC. OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITES OR ANY SITE LINKED TO THE WEBSITES, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITES; AND (ii) THE AGGREGATE LIABILITY OF TOUCH THE FUTURE, INC. OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND (iii) TOUCH THE FUTURE, INC. SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF TOUCH THE FUTURE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
NOTICES OF COPYRIGHT INFRINGEMENT
If you believe that material posted on any of the Websites infringes your copyright, you should provide notice of such infringement to the following person, who is "TTF" designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512):
Touch the Future, Inc.
100 Construction Way #8
Anderson, SC 29625, USA
admin@touchthefuture.us
ENTIRE AGREEMENT
These terms of use are the entire agreement between you and "TTF" in relation to your use of any of the Websites, and all other representations or discussions are hereby excluded from this agreement. If any part of these terms and conditions of use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. "TTF" failure to insist on or enforce strict performance of these terms and conditions of use shall not constitute a waiver of any breach or any future breaches thereof.
GOVERNING LAW AND JURISDICTION
The Websites are controlled and operated from within the United States, and Touch the Future Inc does not represent that the Websites are appropriate for use outside the United States. If you access any of the Websites from outside the United States, you are responsible for compliance with any applicable local law. Your use of any of the Websites shall be governed in all respects by the laws of the State of Georgia and State of South Carolina, USA, without regard to choice of law provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any proceeding directly or indirectly arising out of or relating to any of the Websites shall be in the state or federal courts located in Anderson County, South Carolina.
