This License Agreement (“Agreement”) is a legal agreement between the person, company or organization (“you” or “user”) that has downloaded the TouchChat mobile software application (“Application”) and Prentke Romich Company, doing business as PRC-Saltillo, (collectively, “PRC-Saltillo”, “we,” “us” or “our”). This Agreement governs your use of the Application you have chosen to download for use on your mobile device (“Device”). By downloading or using the Application, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you should not install, or shall immediately un-install, the Application, and you shall have no right to use it.
Both we and you acknowledge that this Agreement is between us and you, and that Apple, Inc. (“Apple”) is not a party to this Agreement. We are solely responsible for the content of the Application.
The Application does not require sign-in, log-in, or any information to operate. The Application only collects information that is voluntarily provided if you choose to create an account. If you choose to create an account, the information provided should be that of the Device owner. Accounts can be created or accessed at https://accounts.prc-saltillo.com.
PRC-Saltillo does not collect any data containing your Protected Health Information. Protected Health Information is defined as any information about health status, provision of health care, or payment for health care. The only data sharing options for users of the Application are through the use of additional optional on-line subscription services provided by PRC-Saltillo to be used in conjunction with the Application, such as Realize and iShare.
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy located at https://www.prc-saltillo.com/privacy-policy. Our Privacy Policy is incorporated into this Agreement by this reference.
To facilitate product support, product development and improvement as well as other services to you, you agree that PRC-Saltillo or other third parties authorized by PRC-Saltillo may use cookies, web beacons and other analytic technologies to collect, use, store and transmit non-personally identifiable technical and related information regarding your Device, including unique device I.D., IP address, geo-location, device make and model, operating system, software and applications, including application usage data. In addition, such parties may collect, store, use and transmit non-personally identifiable session data, browser identifiers, carrier information as well as online and Application usage metrics, statistics or analytics.
You acknowledge that we have the right to restrict access to, terminate and/or otherwise modify the Application for any reason, including but not limited to a breach of any provision the terms of use for our Website or this Agreement. On termination, you must destroy all copies of the Application and any information or data downloaded from the application to your Device.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE APPLICATION IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER PRC-SALTILLO, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
YOUR DOWNLOAD AND USE OF THE APPLICATION IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
NEITHER PRC-SALTILLO, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO FAILURE TO CONFORM WITH A WARRANTY MADE UNDER THIS AGREEMENT (IF ANY), WILL BE PRC-SALTILLO’S SOLE RESPONSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE APPLICATION; OR (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM USE OF THE APPLICATION, OR ANY DEFECT THEREIN. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH THE APPLICATION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE APPLICATION.
You may not use the Application in contravention of any federal, state or other applicable laws. Without limiting the foregoing, the Application may be subject to United States export control laws, and you agree to comply strictly with all such laws which are now or hereafter in effect. In particular, but without limitation, you may not export or re-export the Application: (a) into any United States embargoed countries or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United Sates Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear or chemical or biological weapons.
Apple is a third-party beneficiary to this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement with respect to the Application.
We, and not Apple, are responsible for addressing any questions, comments or claims relating to the Application and/or your use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. If you have any comments or questions, please contact PRC-Saltillo at:
PRC-Saltillo
1022 Heyl Road
Wooster, OH 44691
Attn: Customer Service
E-mail: info@touchchatapp.com
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of the Application, your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Application or this Agreement shall be filed only in the state or federal courts located in or having jurisdiction over Wayne County in the State of Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Our failure to require performance of any provision or part of any provision shall not affect our right to require or enforce performance at any time thereafter, nor shall a waiver of a breach of any provision of this Agreement by any user operate or be construed as a waiver of any subsequent breach by you or any other user.
Use of any applications that contain or provide access to 3rd party symbol sets (including the Tobii Dynavox PCS® symbol library, the News2You SymbolStix® symbol library, or METACOM symbols hereinafter SYMBOLS) or any part thereof, is governed by the following provisions in addition to the rest of the terms and conditions of this Agreement.
The SYMBOLS accessed with this Device may be not be used to create materials in print or electronic form, whether for communication or instruction, except by a single user in conjunction with use of this Device.
PCS symbols may be distributed solely in Boardmaker file formats designated with a”.bm2”, “.zip”, or “.zbp” file extension. SymbolStix symbols may be distributed for personal use only when a SymbolStix Prime subscription is purchased. Distribution of any content or materials using SYMBOLS in other formats (e.g. .pdf or PDF, .ppt or PowerPoint, .doc or WORD, or similar software formats used to display and/or transmit text and/or images) is not permitted.
METACOM Symbole © Annette Kitzinger. Reproductions for the automated analysis of METACOM symbols for information retrieval (text and data mining) are not permitted and remain reserved to the copyright holder.
Users of this Device may not rent, lease, or lend SYMBOLS, or provide them to any online service or commercial hosting services. Users may not sublicense, assign or transfer any rights to the SYMBOLS, or authorize all or any portion of the SYMBOLS to which the user has access to be copied onto any computer or other device.
In any action or proceeding brought to enforce any provision of this Agreement, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.