TERMS OF USE
IMPORTANT! These Legal Notices and Terms of Use ("Terms of Use") govern your use of this site, which is provided by TOUCHKRAFT LLC ("auris"). By accessing this site, you agree to be bound by these Terms of Use. Touchkraft LLC may change these Terms of Use at any time in its discretion. Your use of this site after Touchkraft LLC makes any changes constitutes your agreement to the changes. Please review these Terms of Use regularly. If you do not agree to follow and be bound by these Terms of Use, you may not access or use this site in any way.
ACCESS TO THIS SITE
You may be asked to provide certain information to access this site or to access some of the resources on this site. You agree that all of the information you provide on this site will be correct, current, and complete. If Touchkraft LLC believes that the information you provide is not correct, current, or complete, Touchkraft LLC has the right to refuse you access to this site or any of its resources and to suspend or terminate your access at any time.
CONTENT OWNERSHIP
All of the contents of this site (the "Contents"),
including but not limited to text, illustrations, photographs, graphics, audio
files, video files, audio-visual files, and the like, are owned by Touchkraft
LLC and/or the party that provided the Contents to Touchkraft LLC. Touchkraft
LLC or the party providing the Contents to Touchkraft LLC retains all right,
title, and interest in the Contents. The Contents of this site, including the
selection, arrangement, and look and feel, are protected by the copyright and
trademark laws of the United States and by international treaties and
conventions.
You may not copy, distribute, modify, republish, download, post, display,
perform, add to, abridge, compile, adapt, translate, modify, update, broadcast,
or otherwise transmit any of the Contents in any way without the express prior
written consent of Touchkraft LLC, except that you may download or print a copy
of portions of the Contents for your personal, noncommercial use or for the
lawful and appropriate advancement of your business dealings with Touchkraft
LLC. In doing so, you may not remove or alter, or cause to be removed or
altered, any copyright, trademark, or other proprietary notice appearing in any
of the Contents. Modification or use of Contents other than as provided in
these Terms of Use violates the intellectual property rights of Touchkraft LLC
or the party that provided the Contents to Touchkraft LLC. No right, title, or
interest in any of the Contents is transferred to you by your access to this
site, and Touchkraft LLC or the party that provided the Contents retains all
right, title, and interest in anything that you print or download.
You may not access, download, or use this site or any of its Contents in
violation of the export laws and regulations of the United States or any other
applicable law.
PRODUCT PURCHASES
Your purchase of products from this site is governed by the Terms and Conditions of Sale (refer below). By purchasing any products from this site, you agree to be bound by them for each purchase.
OTHER RESTRICTIONS ON USE
You may use this site only for purposes expressly permitted by this site. You may not use this site for any other purpose without Touchkraft LLC"s express prior written consent. For example, you may not (and may not authorize any other party to) (1) co brand this site, (2) frame this site, or (3) hyperlink to this site, without the express prior written permission of Touchkraft LLC. For purposes of these Terms of Use, the term "co brand" means to display the name, logo, trademark, symbol, or other means of attribution or identification of another party in a manner that may give users the impression that such other party has the right to display, publish, or distribute this site or any of the Contents accessible within this site. You agree to cooperate with Touchkraft LLC to bring any unauthorized co-branding, framing, or hyper-linking to an immediate stop.
LINKS TO OTHER SITES
Touchkraft LLC may hyperlink this site to other sites that are not maintained by, or related to, Touchkraft LLC. Touchkraft LLC provides hyperlinks to other sites as a service to users, and such sites are not sponsored by or affiliated with this site or Touchkraft LLC. Touchkraft LLC has not reviewed any or all of such sites and is not responsible for any of the contents of those sites. Touchkraft LLC makes no representations or warranties about the content, completeness, safety, or accuracy of any hyperlinks or sites hyper-linked to this site. All users access any hyperlinks at their own risk. A hyperlink to any third-party site does not imply endorsement by Touchkraft LLC of that site.
GLOBAL REACH
While the reach of the Internet is global, some or all of Touchkraft LLC products and services may not be available in some countries because of differences in applicable laws and regulations. For that reason, this site may contain references to Touchkraft LLC products or services that are not available in your country. Touchkraft LLC makes no representation, express or implied, that any such products or services will hereafter be made available in your country. You may direct inquiries regarding the availability of products to info@theauris.com.
SUBMISSIONS
Touchkraft LLC welcomes your comments and suggestions.
Please be advised, however, that Touchkraft LLC will not be required to treat
any comments, suggestions, ideas, materials, information, or other content that
you submit to Touchkraft LLC through this site (a "Submission") as
confidential or proprietary. You should not make any Submission that contains
any materials, information, ideas, or other content that you do not want to
assign to Touchkraft LLC for its sole benefit and use, including any original
ideas, works, or materials or any confidential information. By making a
Submission, and as consideration for your use of this site, you agree to assign
to Touchkraft LLC, without charge or remuneration, all worldwide right, title,
and interest (including all copyrights and other intellectual property rights
in any and all forms, media, and technologies now known or hereafter developed)
in all materials, ideas, information, and other content that are contained in
your Submission. As owner of all Submissions to this site, Touchkraft LLC may
use, reproduce, modify, adapt, publish, translate, distribute, perform and
display any and all content thereof in its business (including, for example,
for products or advertising) and in its other endeavors, without incurring any
liability for royalties or for any other compensation or consideration of any
kind.
Touchkraft LLC will treat any personal information that you submit through this
site in accordance with its Privacy Policy.
DISCLAIMERS
Touchkraft LLC cannot and does not guarantee or warrant that
files or other content available for download from the Internet, including but
not limited to this site, will be free of viruses, worms, Trojan horses, or
other code that may manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output, and for
maintaining means outside of this site for reconstructing any lost or corrupted
data. Touchkraft LLC does not assume any responsibility, risk, or liability for
your use of the Internet, including but not limited to this site.
The Contents of this site are not necessarily complete and up-to-date and
should not be used to replace any written reports, statements, notices, or
other materials provided by Touchkraft LLC. Investors, borrowers, and other
persons should use the Contents in the same manner as any other educational
medium and should not rely on the Contents to the exclusion of their own
judgment. Information obtained by using this site is not exhaustive and not
meant to be exhaustive and does not cover all issues, topics, or facts that may
be relevant to your goals or particular needs.
YOU USE THIS SITE AT YOUR OWN RISK. ITS CONTENTS ARE PROVIDED "AS
IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TOUCHKRAFT
LLC HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TOUCHKRAFT
LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENTS CONTAINED IN
THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE OR WILL BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. TOUCHKRAFT LLC DOES NOT WARRANT OR MAKE
ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF USE, OF THE CONTENTS OF
THIS SITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENTS MAY
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS, AND TOUCHKRAFT
LLC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TOUCHKRAFT LLC,
ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY TREAMENT, SERVICING, REPAIR,
OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS
SITE OR ITS CONTENTS. TOUCHKRAFT LLC ASSUMES NO RESPONSIBILITY OR LIAILITY FOR
ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENTS OF THIS SITE. ANY WARRANTIES
THAT ARE IMPLIED BY APPLICABLE LAW BUT ARE INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD ALLOWED
BY APPLICABLE LAW.
All of the information on this site, whether historical in nature or
forward-looking, speaks only as of the date that Touchkraft LLC posts the
information on this site, and Touchkraft LLC undertakes no obligation to update
such information after it is posted or to remove such information from this
site if it is not, or is no longer, accurate, up-to-date, or complete.
LIMITATION OF LIABILITY
TOUCHKRAFT LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, AND/OR EMOTIONAL DISTRESS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE, EVEN IF TOUCHKRAFT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TOUCHKRAFT LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS TO ANY PERSON OR PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US$100 OR THE AMOUNT THAT YOU HAVE ACTUALLY PAID TO TOUCHKRAFT LLC FOR THE APPLICABLE CONTENTS OR SERVICES OUT OF WHICH LIABILITY AROSE, WHICHEVER IS GREATER.
INDEMNITY
You agree to indemnify and hold Touchkraft LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, and contractors ("Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Contents other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties from and against any and all resulting claims, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys" fees, including but not limited to those of the Indemnified Parties ("Claims"). You also agree to indemnify and hold the Indemnified Parties harmless from and against any and all Claims arising out of your use of any information or other Contents accessed from this site or any Submission that you make, or cause to be made, to this site.
TRADEMARKS
All of the product names, trade names, slogans, logos, and other trademarks and service marks (collectively "Marks") appearing in this site are the property of Touchkraft LLC, unless otherwise noted. Touchkraft LLC retains any and all rights in its Marks, and you may not use any of those Marks without the prior written authorization of Touchkraft LLC, except for the sole purpose of properly identifying products or services originating from Touchkraft LLC. In such case, however, you may not state or imply in any way that you are authorized or sponsored by, or affiliated or otherwise connected with, Touchkraft LLC without Touchkraft LLC’s express prior written consent. iPhone is a trademark of Apple Computer, Inc., registered in the U.S. and other countries. Bluetooth is a trademark owned by Bluetooth SIG, Inc. USA.
INFORMATION YOU PROVIDE
You may not post, send, submit, or transmit in connection
with this site any material that:
- you do not have the right to post, including proprietary material of any
third party;
- advocates illegal activity or discusses an intent to commit an illegal
act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content,
asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person,
including violating anyone-s copyrights or trademarks or their rights of
publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person
or otherwise manipulates headers or identifiers to disguise the origin of the
content;
- advertises any commercial endeavor (e.g., offering for sale products or
services) or otherwise engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners, and/or soliciting goods or
services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than
other users are able to type, or otherwise act in a way which affects the
ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a "pyramid" or similar scheme;
- disobeys any policy or regulations established from time to time regarding
use of this site or any networks connected to this site; or
- contains hyperlinks to other sites that contain content that falls within the
descriptions set forth above.
Touchkraft LLC reserves the right to monitor your use of this site to determine
compliance with these Terms of Use, as well the right to remove or refuse any
information for any reason in its sole discretion. Notwithstanding these
rights, you remain solely responsible for the content of your Submissions. You
acknowledge and agree that neither Touchkraft LLC nor any third party that
provides any of the Contents to Touchkraft LLC will assume or have any
liability for any action or inaction by Touchkraft LLC or such third party with
respect to any such Submission.
SECURITY
You are prohibited from using any services or facilities
provided in connection with this site to compromise security or tamper with
system resources or accounts. The use or distribution of tools designed for
compromising security or collecting information (e.g., password guessing
programs, cracking tools, "spiders," or other network probing tools)
in connection with this site is strictly prohibited. If you become involved in
any violation of system security, Touchkraft LLC reserves the right to release
your details to system administrators at other sites in order to assist them in
resolving or preventing security incidents. Touchkraft LLC reserves the right
to investigate any and all suspected violations of these Terms of Use and to
take any and all necessary or appropriate actions to remedy such violations, as
Touchkraft LLC may determine in its sole discretion.
Touchkraft LLC reserves the right to cooperate fully with any law enforcement
authorities or court orders requesting or directing Touchkraft LLC to disclose
the identity of, or other information about, anyone posting any e-mail messages
or publishing or otherwise making available on this site any materials that are
believed to violate these Terms of Use or applicable law.
BY USING THIS SITE AND ACCEPTING THESE TERMS OF USE, YOU HEREBY WAIVE AND AGREE
TO RELEASE AND HOLD HARMLESS TOUCHKRAFT LLC, ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS,
DIRECTORS, AND AGENTS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN
BY TOUCHKRAFT LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS DURING OR AS A
RESULT OF INVESTIGATIONS WITH RESPECT TO THE USE OF THIS SITE AND FROM ANY AND
ALL ACTIONS TAKEN AS A RESULT OF SUCH INVESTIGATIONS BY TOUCHKRAFT LLC, ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, OR BY ANY LAW ENFORCEMENT
AUTHORITIES.
MISCELLANEOUS
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without reference to any of the choice of law provisions thereof. You specifically consent to personal jurisdiction in the State of Florida in connection with any and disputes between you and Touchkraft LLC arising out of these Terms of Use or otherwise relating to the subject matter of these Terms of Use. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or relating to the subject matter hereof will be in the state and federal courts in Florida. If any part of these Terms of Use is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severed and will not affect the enforceability or validity of any remaining provisions. These Terms of Use constitute the entire agreement of the parties relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions expressly contained on this site will govern the items to which they pertain.
TERMS AND CONDITIONS OF SALE
IMPORTANT: THESE TERMS AND CONDITIONS OF SALE ("TERMS") GOVERN YOUR PURCHASE OF auris PRODUCTS FROM THIS SITE, WHICH IS PROVIDED BY TOUCHKRAFT LLC ("auris"). BY PURCHASING PRODUCTS FROM THIS SITE, YOU ARE ACCEPTING THESE TERMS.THIS LIMITED WARRANTY AND OTHER GENERAL TERMS ALSO APPLY TO ANY PURCHASE OF PRODUCT FROM A RE-SELLER.
ORDERS
All orders that you place on this site are offers by you to purchase our products in accordance with these Terms. We may accept your offer by issuing a confirmation or by shipping products specified in your order. You agree that we can make partial shipments on your order, in which case each shipment will be a separate transaction. Our acceptance or partial acceptance of each offer is expressly subject to and conditioned on your agreement to these Terms, which Touchkraft LLC may modify in its sole discretion at any time and without notice. No other terms or conditions will apply.
PRICES AND PAYMENT
All prices are in U.S. dollars and are subject to change without notice. Prices do not include taxes or charges for shipping and handling. Applicable shipping and handling charges and any sales taxes that Touchkraft LLC is required by law to collect will be added to your required payment. Payment in full is required before products will be shipped on any order.
SHIPPING AND HANDLING
We will arrange for shipment of the products to you. Title and risk of loss and damage pass to you upon our transfer of the products to the carrier. You will pay all shipping and handling changes specified during the ordering process. Shipping times are estimates only and cannot be guaranteed. We are not liable for any delays in shipping.
Please be aware for all orders outside the US, there may be applicable taxes and shipping/handling/duty charges for which Touchkraft LLC is not responsible.
CHANGES OR CANCELLATIONS
Any changes that you make to accepted orders prior to shipment may generate a new shipment date. All sales are final upon shipment of the ordered products, except for authorized product returns.
