Terms of Use - TouchBase Mail

Terms of Use

Thanks for trusting TouchBase to send your emails. As a company, we believe in simplicity, transparency, and integrity, and TouchBase as a service is designed to operate with these principles in mind. TouchBase is a service operated by GuestServe Inc., a federally incorporated Canadian company (“TouchBase,” “we,” or “us”) through the www.touchbasemail.com website. Please carefully read and become familiar with these terms of use (“Terms,” “Terms of Use,” or “Agreement”). They are important. They represent a contract between you, the website user, and us, GuestServe Inc. regarding how you can use TouchBase and TouchBase services (“Services”). Let us know if you have any questions about our Terms and we’ll happily answer them.

About You

While we think the meaning of the word “you” is pretty obvious, our lawyers made us specify that the term “you” when used from here on refers to you, an existing or potential customer visiting the Website—whether you’re visiting on behalf of yourself personally or on behalf of a company or other entity. If you’re visiting the site or using the TouchBase services personally, you’re agreeing to these terms on behalf of yourself, your successors, and your assigns. If you’re visiting the site or using the TouchBase services on behalf of a company or entity, you’re representing and warranting that you are authorized to act on behalf of and bind the company or entity you’re acting on behalf of to these Terms and any further agreement with us.

About Us

GuestServe Inc. is a Canadian corporation, registered to do business in Canada. We own and operate the www.touchbasemail.com domain (we’ll refer to it as the “Website” from now on). This Website is provided for the sole purpose of providing you and others like you with the ability to use the TouchBase service to manage, send, and monitor your email newsletters (the “Services”). We operate under the “TouchBase” trademark in the United States, Canada, Dominican Republic, Panama, and in select other jurisdictions globally. And we love what we do. ☺

Acceptance of the Terms

By entering the www.touchbasemail.com website, signing up for a trial period or service contract with us, or submitting a request for the same, you agree to these Terms of Use.

In order to use this Website, you must agree without modification to all of the terms, conditions, and notices below (collectively, the “Agreement”). By accessing or using this Website in any way, you agree to be legally bound by the Agreement. You agree that this Agreement shall apply to all interactions or transactions with us through the Website or otherwise. Please read this Agreement carefully. If you do not accept all of these terms and conditions as written, please do not use this Website or our Services.

Make sure you return to this page from time to time to review the most current version of the Agreement. We reserve the right to change or modify this Agreement without prior notice at any time, and your continued access or use of this Website indicates your acceptance of any updated or modified Agreement.

The written communications between you and us are in electronic form. You consent to receive communications from us in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Your Privacy

Your privacy is very important to us. We designed our privacy policy (“Privacy Policy”) to make important disclosures about how we collect, use, and protect your personal data. We encourage you to read the Privacy Policy to help make informed decisions about using our Website and Services. The Privacy Policy is incorporated herein by reference and is available here.

Permitted Activities and Conditions of Use

Permitted Activities

You may create an account with TouchBase to manage, send, and monitor email campaigns to be sent to individuals.

You may direct others to the Website for the Permitted Activities subject to the Conditions of Use listed in this section. You may direct others to the Website by sharing hyperlinks (“links”) to pages on our Website or the link to our Website itself, whether via email, social media outlets, your personal website or blog, electronic message, text message, or otherwise. Of course, as long as you maintain an active account with TouchBase, you may make use of the Services to send your commercial communications.

However, you may not do any of the above for a malicious purpose, nor may you make use of such links for a commercial purpose. You may not post links to our Website or re-post content from our Website on a website aggregator or for any other commercial purpose.

Conditions of Use

We reserve and retain the right to deny access to anyone to this Website and the Services at our sole discretion, at any time and for any reason, including, but not limited to, for violating this Agreement.

Certain Conditions Placed on Your Use of the Site

Your use of this Website is conditioned on your warranting the following:

You are at least 18 years of age;
You possess the authority to create a binding legal obligation for yourself and/or the entity or company you’re representing;
You will use this Website in accordance with this Agreement;
You will only use this Website to complete legitimate transactions with TouchBase that adhere to these terms as well as any and all terms of the relevant transaction;
You will comply with applicable laws regulating the sending of email communications to third parties, including, but not limited to, the CAN-SPAM act or any other applicable anti-spam legislation that may apply, including, but not limited to, the CASL;
You will comply with other applicable laws and regulations including, without limitation and only by way of example, HIPAA, EU Data Privacy Laws, state privacy laws, the Equal Credit Opportunity Act, Fair Credit Reporting Act, Federal Trade Commission Act, Securities and Exchange Commission regulations, and any and all other laws that may apply to your use of our Services;
You have the legal authority to provide any and all information that you submit to the Website, any such information is only about yourself and/or the entity you are authorized to represent, and all information supplied by you on this Website is true, accurate, current and complete; and
If you have a TouchBase.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

Prohibited Activities

The infrastructure used to provide the content and information on this Website, as well as the content and information itself, is proprietary to us or our Merchants and providers. You may do any of the Permitted Activities outlined in the “Permitted Activities” section above. However, you agree not to otherwise reproduce, re-use, alter, transmit, display, sell or re-sell any information, products, or services acquired through this Website. You agree not to republish any information from this website for any commercial purpose.

Additionally, you agree not to:

Use the Services to send undesired commercial messages (commonly referred to as “spam”);
Use the Services to send or attempt to send emails to email addresses that you have purchased or rented from a third party;
Use the Services to send email to addresses on behalf of a third party;
Use the Services to send email containing pornography, defamatory statements, or hate messages;
Make any speculative, false, or fraudulent purchase or any purchase in anticipation of demand;
Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
Deep-link to any portion of this Website for any purpose without our express written permission;
“Frame,” “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
Create multiple accounts using multiple email addresses.

Your Account

You will need to register by creating an account on TouchBaseMail.com (an “Account”). You can create an Account through either of the following methods: (1) registering directly through our Website, creating personalized log-in information (“Log-in Information”) or (2) by allowing a TouchBase application to connect you to TouchBase.com via your Facebook profile. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. Access to the Website is not authorized by any other person or entity using your Log-in Information and you are responsible for preventing such unauthorized use.

TouchBase relies on the Log-in Information to know whether users accessing the Website are authorized to do so. If someone accesses the Website using Log-in Information that we have issued to you, we will rely on that Log-in Information and will assume that access has been made by you. You are solely responsible for any and all access to and use of the Website by persons using your Log-in Information. Please notify us immediately if you become aware that your Log-in Information is being used without authorization.

Availability of Services

We reserve the right, in our sole discretion, to exclude or otherwise limit the provision of our Services, the Website or any other product or service. TouchBase does not represent or warrant that any product or service promoted on the Website will be available for purchase or use by any particular person. Any attempt by you to use the Services in a manner that conflicts with these Terms or applicable law may subject your Account to termination. Whether actions take constitute an attempt to violate our rules or applicable law shall be determined at our sole discretion.

Reviews, Comments, and Other Submissions to Us

We like hearing from you. However, please recognize that by submitting anything to us by electronic mail, postings on this Website, or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant us and our subsidiaries and corporate affiliates (collectively, the “TouchBase Companies”) and the affiliated, co-branded and/or linked website partners through whom we provide Services (collectively, the “TouchBase Affiliates”), a nonexclusive, royalty-free, perpetual, irrevocable and fully transferable right to do the following with any Submissions: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.

You acknowledge that the TouchBase Companies may choose to attribute your comments or reviews to you (for example, by listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with the public or any third parties. You further grant the TouchBase Companies the right to pursue at law any person or entity that violates your or the TouchBase Companies’ rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

You acknowledge that TouchBase may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

TouchBase’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

Pricing and Taxes

Pricing

We offer a range of contract packages with special benefits as well as no-commitment, per-use options as more fully described on our Website. You acknowledge and agree that the service fees related to the use of our Services are fees paid in the way of a fee for services and not for the purchase of goods. We may change our pricing at any time in our sole discretion. If you have an existing agreement with us, we will of course honor the terms of that agreement, including any right to extend the terms.

Taxes

In some cases, TouchBase may collect taxes for remittance to applicable taxing authorities. Taxability and the appropriate tax rate vary greatly by location. You are solely responsible for any taxes that may apply to your purchase of the Services.

Liability Disclaimer

THERE MAY BE ERRORS OR INACCURACIES IN THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE, INCLUDING PRICING ERRORS. TOUCHBASE DOES NOT GUARANTEE THE ACCURACY OF INFORMATION ON THE WEBSITE, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF ALL OFFERS DISPLAYED ON THIS WEBSITE. IN ADDITION, TOUCHBASE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS OR OTHER ERRORS ON OUR WEBSITE.

TOUCHBASE IS AN EMAIL MARKETING RESOURCE THAT THIRD PARTIES MAY USE TO SEND THEIR COMMERCIAL AND NON-COMMERCIAL EMAIL MESSAGES. TOUCHBASE DOES NOT MODERATE OR CONTROL THE CONTENT OF ANY EMAIL MESSAGES. TOUCHBASE ALSO MAKES NO GUARANTEES ABOUT THE AVAILABILITY OR QUALITY OF SPECIFIC PRODUCTS AND SERVICES. TOUCHBASE MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.

TOUCHBASE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TOUCHBASE DISCLAIMS ALL WARRANTIES THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM TOUCHBASE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOUCHBASE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THIRD PARTIES MAKING USE OF THE TOUCHBASE SERVICES OFFERED THROUGH THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF TOUCHBASE. TOUCHBASE IS NOT LIABLE FOR THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL ACTS OF ANY SUCH MERCHANTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM ANY ACTION OF ANY THIRD PARTY. TOUCHBASE HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL TOUCHBASE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TOUCHBASE AND/OR TOUCHBASE’S RESPECTIVE THIRD PARTY SERVICE USERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the limitation above, TouchBase is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of TouchBase will in no event exceed, in the aggregate, the greater of (a) the money paid for TouchBase Service(s) through this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of TouchBase and TouchBase’ agents and affiliates.

Indemnification

You agree to defend, indemnify, and hold harmless TouchBase and any of TouchBase’s officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

your breach of this Agreement or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of this Website.

Links To Other Sites

This Website may contain hyperlinks to websites operated by parties other than TouchBase. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our including hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Software Available on TouchBase’s Website

Any software that is made available to download from this Website (“Software”) is the copyrighted work of TouchBase or the third party as noted. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the TouchBase and/or our respective Merchants, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Bank and Credit Card Fees

Some banks and credit cards impose fees for international transactions. If you are purchasing Services from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for services purchased on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your purchase, please contact your bank.

Copyright and Trademark Notices

All contents of this Website are: © 2016 TouchBase, LLC. All rights reserved. TouchBase is not responsible for content on websites operated by parties other than TouchBase, TouchBaseMail.com, TouchBase, LLC and the TouchBase logo are either registered trademarks or trademarks of TouchBase in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of any infringement of our brand, please let us know by e-mailing us at copyright@touchbasemail.com. We only address messages concerning brand infringement at this email address.

Claims of Copyright Infringement

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to us by any of the following methods: email to copyright@touchbasemail.com, by mail to the address below or by phone at the number below:

GuestServe Inc.
Attn: IP/TouchBase Trademark Counsel
PO Box 1537, 4 Queen Street, St. Catharines, Ontario L2R 7J9

Phone: 905.684.3692

We will review and address all notices that comply with the above requirements.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

General

This Website is operated by a Canadian entity and this Agreement is governed by the laws of Canada. You hereby consent to the exclusive jurisdiction and venue of courts in Canada, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and the TouchBase Companies as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TouchBase with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and TouchBase with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

Service Help

For quick answers to your questions or ways to contact us, visit the Contact Us link on our website or call us at 905.684.3692. Or you can write to us at:

Attn: Customer Service, TouchBase
PO Box 1537, 4 Queen Street, St. Catharines, Ontario L2R 7J9

August 23, 2016