Terms Of Use

Thank you for visiting TouchChat's web site (“Site”). This website is offered to the User subject to your acceptance of the terms, conditions, and notices contained in these Terms of Use. These Terms of Use apply to your use of or visit to this website and all functions or features of this website, as well as all offers, sales, purchases and rentals of products or services available through this website. By accessing and using this website, the User signifies your agreement to and acceptance of these Terms of Use, as they may be modified from time to time by PRC-Saltillo.

Please review the following terms of use (“Terms of Use”) that govern your visit to our website and your use of our products, (collectively, “Use”). These Terms of Use together with our Privacy Policy, and any additional terms which might apply to certain products or services, govern your use of and explain the terms on which PRC provides access to the Site. Your Use constitutes your acceptance of, and agreement to follow and be bound by, these Terms of Use. This website belongs to PRC, and we reserve the right, at any time and from time to time, to modify, alter or update our website, policies and these Terms of Use. By using or attempting to use this website, you certify that you are a resident of the United States and are at least 18 years of age.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

PRC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT PRC MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY PRC) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL PRC, ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PRC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

PRC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PRC HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. PRC DOES NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PRC DISCLAIMS ANY LIABILITY RELATING THERETO.

You acknowledge that PRC has granted access to the Site relying upon the limitations of liability stated herein and that PRC would not have granted access in the absence of those limitations are an essential basis of the bargain between the parties.

WAIVER AND INDEMNITY

BY USING THE SITE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD PRC, ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY ACTION TAKEN BY PRC IN GOOD FAITH AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM PRC, ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PRC’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

THIRD-PARTY MATERIALS

Certain content and services available via the Site may include materials from third parties. PRC may provide links to third-party websites as a convenience to you. You agree that PRC is not responsible for examining or evaluating the content or accuracy of (and PRC does not warrant and will not have any liability or responsibility for) any third-party materials or websites, or for any other materials, products, or services of third parties. You understand that PRC cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this Site, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that PRC is not in any way responsible for any such use by you. You should carefully review the privacy statements and other terms of use of any linked third-party websites.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY

You acknowledge that PRC owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Site, and that you will not acquire any right, title, or interest in or to the Site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Site, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

GOVERNING LAW; JURISDICTION; VENUE; STATUTE OF LIMITATIONS

Your use of the Site shall be governed in all respects by the laws of the State of Ohio, without regard to choice of law provisions. You consent to the jurisdiction of the state and federal courts located in the State of Ohio (Common Pleas Court of Wayne County, Ohio or United States District Court for the Northern District of Ohio), for the resolution of any dispute arising hereunder. Any litigation shall be filed in the appropriate court of jurisdiction in the foregoing courts. Any cause of action or claim you may have with respect to the Site must be commenced within one year after the claim or cause of action arises. PRC’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

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