Terms of Use

THESE ARE THE TERMS OF USE applicable to the subscription of Touchpoint90 website creation and updating services (herein referred to as "Touchpoint90") BETWEEN the USER (herein after referred to as "USER" ) and Touchpoint90.

PLEASE READ THE FOLLOWING AGREEMENT (TERMS OF USE) CAREFULLY. By subscribing to Touchpoint90 services, you hereby agree and adhere to the Terms of Use and be bound by THE TERMS OF USE. You further agree and accept that TOUCHPOINT90 assumes no responsibility for the nature or content of anything contained on the mobile website and disclaims all liability in respect of such nature or content. Use of this site is strictly subject to the Terms of Use. If you do not agree to these terms, please do not subscribe to Touchpoint90 services.

ACCEPTANCE OF TERMS The USER, subject to the following Terms of Use, which may be updated by the Touchpoint90 from time to time without notice to the USER. Touchpoint90 reserves the right to change or modify any of the Terms of Use contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future USERs. Touchpoint90 may make changes or modifications to referenced policies and guidelines without notice to you. The changes made shall be communicated by display on the home page, of a notification regarding any changes, amendment and modifications to the TERMS OF USE. It is the USER's responsibility to regularly check the site to determine if there are any changes to the TERMS OF USE and review the changes that may have been effected. If any such changes or modification is not acceptable, please discontinue the use of the services of Touchpoint90 as the continued use of the site would constitute acceptance to the changes.

1. DESCRIPTION OF SERVICES. Touchpoint90 will provide USER with the Services ordered during the sign up process. The mobile website service may be unavailable for short periods of time due to maintenance and upgrading on off hours. While the Touchpoint90 service is unavailable, mobile websites will be unavailable.

2. SUBSCRIPTION, PRICING AND PAYMENT. At the time of initial signup, you will be subject to acceptance by Touchpoint90. Your subscription to the Services will be deemed accepted by Touchpoint90 when the company delivers a confirmation of the subscription to you. Touchpoint90 reserves the right to refuse to provide service for any reason. The payments will be made to Touchpoint90 through online credit card or pursuant to the any other methods set forth by Touchpoint90. In the event of a charge back by a credit card Touchpoint90 (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or subscription fee, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in Touchpoint90's sole discretion. All fees are non-refundable, in whole or in part, even if your service is suspended, cancelled or transferred prior to the end of the then-current service term.

3. RIGHTS TO THE WEB SITE AND CONTENT. You understand and agree that all information, data, text, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Touchpoint90 reserves the right, but shall have no obligation, to refuse or move any Content available via Touchpoint90 services. You agree any Content that you create, transmit or display while using Touchpoint90 services and for any consequences thereof. You agree to use Touchpoint90 services only for purposes that are legal, proper and in accordance with the Terms of Use and any applicable policies or guidelines or law in force and not use any pirated content. Touchpoint90 claims no ownership or control over any Content submitted, posted or displayed by you on or through Touchpoint90 services and shall not be liable for the same. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through Touchpoint90 services and you are responsible for protecting those rights, as appropriate.

4. SUPPORT. Touchpoint90 agrees to provide reasonable technical support to USER during Touchpoint90's normal technical support hours. Touchpoint90 additionally agrees to provide USER service support in the form of e-mail during Touchpoint90' normal USER support hours [9am-5pm PST]. 5. DISCLAIMER AND WARRANTIES. Touchpoint90 warrants that Touchpoint90 will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. Touchpoint90' warranty obligations are personal to USER and may not be extended to any third party. Except as expressly provided in this Agreement, the Services and USER Web sites are provided "as is," and Touchpoint90 expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties, and agreements. 6. Agreement TERM AND TERMINATION. This Agreement is effective as of the Effective Date and shall continue unless terminated; Touchpoint90 may terminate this Agreement after seven (7) days' notice to USER if USER materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (7) day period; and upon the termination of this Agreement, USER will pay Touchpoint90 for all Services provided to USER by Touchpoint90 prior to termination