This website, located at uniform resource locator www.clrtouch.com (the "Site"), is provided by ClrTouch, Inc. ("ClrTouch," "we," "our," or "us") to the person accessing this Site ("you," "your").
1. You Agree to These Terms by Using this Site
Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. ClrTouch may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a writing signed by ClrTouch.
If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately.
2. Permitted Use of the Site
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing ClrTouch or its services and products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this Site for any other purpose.
3. User Submitted Content
The Site may, from time to time offer interactive features that allow users to submit content to the Site. ClrTouch does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, ClrTouch is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, ClrTouch reserves the right to block or remove communications or materials that it determines to be unacceptable to ClrTouch in its sole discretion.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ClrTouch employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
4. Notice; Electronic Communications
When you visit this site or send e-mails to ClrTouch, 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 satisfy any legal requirement that such communications be in writing.
5. Privacy
ClrTouch's Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by ClrTouch in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.
6. Typographical Errors
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, ClrTouch reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ClrTouch shall issue a credit to your credit card account in the amount of the incorrect price.
7. Disclaimer - Warranty
This site, its content, materials and products on this site are provided "as is." To the fullest extent permissible pursuant to applicable law, ClrTouch HEREBY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
ClrTouch does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ClrTouch does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless ClrTouch, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
9. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER IDENTROPY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Third-Party Links
In an attempt to provide increased value to our visitors, ClrTouch may link to sites operated by third parties. However, even if the third party is affiliated with ClrTouch, ClrTouch has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of ClrTouch. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, ClrTouch specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
ClrTouch does not endorse the content, or any products or services available, on such sites. Nonetheless, ClrTouch seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
11. Trademarks
The following trademarks are our property: name and logo. These marks may not be used without our consent on any product or service, except our own.
12. Copyright
Copyright © 2011, ClrTouch, LLC. ALL RIGHTS RESERVED.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ClrTouch or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ClrTouch and protected by U.S. and international copyright laws. All software used on this site is the property of ClrTouch or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.
13. Copyright Complaints
ClrTouch respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at clrtouch@gmail.com.
14. Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
ClrTouch does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
15. Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Allegheny County, Pennsylvania, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
16. Assignment
ClrTouch may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
17. Questions and feedback
We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to clrtouch@gmail.com.Privacy Policy (Last updated 11.09.2011)
Your access to, and use of, this Site is subject to ClrTouch's Terms of Use. ClrTouch has created this Privacy Policy to explain what information we gather from you when you visit our Site, how we may use this information, and the security approaches we use to protect your information. This Privacy Policy is incorporated and made part of ClrTouch's Terms of Use.
By using this Site, you consent to the collection and use of your information by ClrTouch in accordance with this Privacy Policy. If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change.
1. What information do we collect?
We collect information from you when you register on the Site, place an order, respond to communication such as e-mail, or participate in another site feature.
When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site without providing such information.
We use IP addresses and session identifiers to analyze trends, to administer the site, to track user activities, to infer user interests, and to otherwise induce, deduce, and gather information about individual users and market segments.
Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our Site. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
2. How do we use your information?
We may use the information we collect from you when you register, purchase products, respond to a survey or marketing communication, surf the Site, or use certain other Site features in the following ways:
To personalize your Site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To allow us to better service you in responding to your customer service requests.
To quickly process your transactions.
To administer a promotion, survey or other Site feature.
3. Do we disclose the information we collect to outside parties?
We generally do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described herein. The term "outside parties" does not include website hosting partners and other parties who assist us in operating our Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. In the event that we sell our company, or otherwise transfer any assets of our company, we may provide your information to the purchaser so that you may continue the relationship or business with us and our products. We may also release your information when we believe release is appropriate to comply with the law, enforce our Site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
4. Correction/Updating Personal Information
You can correct or update your personally identifiable information by re-registering or by contacting us by electronic-mail clrtouch@gmail.com.
5. Do we use "cookies"?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We may contract with third-party service providers to assist us in better understanding our Site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Apple Safari or Google Chorme) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your Site experience more efficient and some of our services will not function properly.
6. Safeguarding Your Personal Information
ClrTouch follows generally accepted industry security standards to safeguard and help prevent unauthorized access, maintain data security and correctly use such Personal Information. However, no commercial method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, we cannot guarantee the absolute security of that information during its transmission or its storage in our systems.
7. Privacy and Third Party Links
This Privacy Policy applies solely to information collected by our Site, www.clrtouch.com. In an attempt to provide you with increased value, we may include third party links on our Site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these linked sites (including if a specific link does not work).
8. Online Policy Only
This Privacy Policy applies only to information collected through our Site and not to information collected offline.
9. Questions and feedback
We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to clrtouch@gmail.com.
10. Your California Privacy Rights
Under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2009 will receive information regarding 2008 sharing activities).
To obtain this information from ClrTouch please send an email message to clrtouch@gmail.com with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
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