User Agreement/Disclaimer

Welcome to the Touch Medicine 4 Kids website (referred to as the “Website”).  The Website may include the purchase and use of digital content, which allows end-users to purchase a subscription and stream pre-recorded video content over the Internet for personal use, as well as online content (including content provided by Touch Medicine 4 Kids), resources, tools, products, services, communications and social networking features which may be accessed and used. All of the foregoing are collectively referred to as the “Services.”

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.

PRIVACY POLICY

The Company respects the privacy of its Service users.  Please refer to the Websites Privacy Policy below which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Service, you signify your agreement to this Privacy Policy.

REGISTERED USER REQUIREMENTS. You need to be at least 18 years old and a resident of the United States to register for and use the Service. By accessing and using the Website, you acknowledge to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Website and the Services are not available to users under the age of 18 and are void where prohibited by applicable law. If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from Touch Medicine 4 Kids.  You agree to notify us immediately of any unauthorized use of your password and/or account. Touch Medicine 4 Kids will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USER RESTRICTIONS. Your permission to use the Website is conditioned upon the following User Restrictions and Conduct Restrictions. We reserve the right to reject, remove or edit such content at any time without notice.   

You agree that you will not under any circumstances:

  1. post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  2. use the service for any unlawful purpose or for the promotion of illegal activities;
  3. use another user’s account without permission;
  4. provide false or inaccurate information when registering an account;

·           e)   interfere or attempt to interfere with the proper functioning of the Service;

  1. make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  2. harass or advocate harassment of another person;
  3. use offensive subject matter;
  4. solicit personal information from anyone under the age of eighteen (18);
  5. provide any telephone numbers, street addresses, last names or email addresses of anyone other than your own

LINKS TO OTHER SITES AND/OR MATERIALS. As part of the Service, Touch Medicine 4 Kids may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers.  Touch Medicine 4 Kids has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Touch Medicine 4 Kids, and Touch Medicine 4 Kids is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company.  If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT. Termination of Repeat Infringer Accounts.  Touch Medicine 4 Kids respects the intellectual property rights of others and requests that the users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Touch Medicine 4 Kids has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. Touch Medicine 4 Kids may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions. 

INTELLECTUAL PROPERTY.  You acknowledge and agree that the Website retains ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights.  Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

SUBSCRIPTION, FEES AND PAYMENT. Access to and use of the Services is subject to a subscription fee ("Fee"). The Fee is payable in U.S. dollars. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize Touch Medicine 4 Kids to charge your credit card for the then-applicable subscription fee. Touch Medicine 4 Kids reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Touch Medicine 4 Kids will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications.  If Touch Medicine 4 Kids is for any reason unable to effect automatic payment via your credit card, Touch Medicine 4 Kids will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying Touch Medicine 4 Kids of any changes to your credit card information and to update your information if your credit card has expired. Touch Medicine 4 Kids may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify Touch Medicine 4 Kids.  You agree to pay your account balance on time. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to touchmedicine4 kids@gmail.com. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.

HEALTH AND MEDICAL CONDITIONS. Some of the Site Content includes information and instruction relating to health in the construct of massage therapy.  You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.

  1. Before participating in any massage program or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider, in regards to yourself and your child. Touch Medicine 4 Kids is not a licensed medical care provider, is not rendering personal medical advice or treatment, and has no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
  2. The Website and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any massage program, and/or when using any massage products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
  3. You should never disregard medical advice or delay seeking it because of a statement you have read on the Website. The Website and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor. It is important that the Website and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may have any physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Website.
  4. You must always consult your doctor before beginning a massage program, particularly if you have a condition contraindicated to massage.

INTERNATIONAL USE. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Website. You acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

MODIFICATION OF TERMS OF USE. We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Website from time to time to view any such changes in the Agreement.  If you continue to use the Website, you signify your agreement to our revisions to these Terms of Use. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website and/or Services.  

 GENERAL TERMS. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of Touch Medicine 4 Kids to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with Touch Medicine 4 Kids must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Website are governed by the federal laws of the United States of America and the laws of the State of Colorado, without regard to conflict of law provisions.

Touch Medicine 4 Kids may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Touch Medicine 4 Kids prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

NOTICES AND QUESTIONS. If you have any questions regarding this Agreement, please contact us by email at touchmedicine4kids@gmail.com