Terms of Use
Acceptance of Terms and Conditions
Use of this web site is conditioned upon user's acceptance of the terms and conditions contained herein. All users of this web site hereby understand and agree that their use of such web site constitutes acceptance of the terms and conditions set forth in this legal notice. Touched Be Blessed Services, Incorporated, and group of companies, (hereinafter collectively referred to as "TBBS"; reserve the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this web site. The following domain name(s) are owned by Touched Be Blessed Services, Incorporated; touchedbeblessed.com, tbbscustomers.com, wallbreakers.com, intouched.org.
All information provided by Touched Be Blessed Services, Inc. (TBBS) in any form is proprietary to Touched Be Blessed Services, Inc. and is protected by US and international copyright law and conventions. Except as stated here, direct or indirect reproduction of any Touched Be Blessed Services, Inc. material, in whole or part, by any means is prohibited without the express written consent of Touched Be Blessed Services, Inc.If one or more of the provisions contained in these terms and conditions are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms and conditions and the balance of these terms and conditions shall be enforceable.
Proprietary Rights in the Site
As between you and Touched Be Blessed Services, Inc., Touched Be Blessed Services, Inc. owns, solely and exclusively, all rights, title and interest in and to the Site(s), all the content, code, data and materials thereon (with the exception of Work Product), the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. Any commercial distribution, publishing or exploitation of the Site is strictly prohibited. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your internal use only, provided that you retain all copyright and other proprietary notices on any such copies. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on or through the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our content, trade names, trademarks or service marks.
Prohibited Use
Any use of this web site for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this site, user agrees that any and all information transmitted to or with the use of this site cannot and shall not be deemed confidential or proprietary. TBBS reserves the right to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all information relating to such prohibited use. TBBS, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this web site. Any violation of this or any other section contained herein may result in termination of service and or any other action TBBS determines appropriate under the circumstances.
Personal Information
In the course of your use of the Site, for example when you register for an account on the Site, you may be asked to provide certain personal information to us (such information referred to hereinafter as “Personal Information”. Our information collection and use policies with respect to the Personal Information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes and to which you agree by agreeing to these Terms of Use. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.
Marketing Practices
TBBS does not sell or otherwise share your personal information with anyone else, such as advertising agencies or marketing companies. We only send marketing information to users who specifically sign up for our mailing list. Site Users can opt-out of receiving information by using the "unsubscribe" option in any marketing email.
Warranties & Limitation of Liability
TBBS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TBBS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEB SITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
Indemnification
User hereby agrees to indemnify, defend, and hold harmless, TBBS, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of user's use of this web site. TBBS has the right to control any defense pertaining to this section.
Relationship
Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency; joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.
Children
TBBS complies with all Federal laws and regulations, including the Children’s Online Privacy Protection Act, which requires the consent of a parent or guardian for the collection of personally identifiable information from children under 18.
Third Party Web Sites
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through web sites to which you may link from the Site (collectively, “ Linked Sites”). Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
Linking to our Web Site
Unless otherwise set forth in a written agreement between you and Touched Be Blessed Services, Inc., you must adhere to Touched Be Blessed Services, Inc.'s linking policy as follows:
Any link to the Site must be a text only link clearly marked "Touched Be Blessed Services, Inc. Services web site";
The appearance, position, context and other aspects of the link may not be such as to damage or dilute the goodwill associated with Touched Be Blessed Services, Inc.'s names and trademarks;
The link must "point" to the home page of the Site and not to other pages within the Site;
The appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored or endorsed by, affiliated with, or associated with Touched Be Blessed Services, Inc.;
When “clicked on” by a user, the link must display the Site on full-screen and not within a "frame" on the linking web site; and
Touched Be Blessed Services, Inc. reserves the right to revoke its consent to the link at any time and in its sole and absolute discretion.
Governing Law
User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of the State of Indiana and of the United States of America located in the State of Indiana for any and all claims arising from the use of this web site.
These Terms of Use and the relationship between you and us shall be governed by the laws of the State of Indiana, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the City of Muncie, Delaware County of the State of Indiana. You agree to submit to the personal and exclusive jurisdiction of the courts located in the City of Muncie, Delaware County of the State of Indiana at the total legal expense of the user and/or client. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Entire Agreement
These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.
Modifications
We reserve the right, for any reason, in our sole and absolute discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services offered via the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty. Touched Be Blessed Services, Inc. reserves the right to temporarily or permanently terminate your registration on the Site for any or no reason without prior notice. In addition, this web site may contain typographical errors or technical inaccuracies. TBBS reserves the right to modify the content of this web site at any time without prior notice. TBBS's failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision.
Any questions or concerns related to the terms and conditions should be sent to:
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Attn: Management
If you have any particular special needs in relation to any of these matters or any suggestions as to how we could improve the site or any other information given please contact the Customer Service Manager. Email:
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We are attempting to following recognized standards see: Accessibility Standards –For more information regarding web site accessibility visit W3.org: http://www.w3.org/WAI/Resources/
20. Questions or Feedback
If you have any questions about these Terms of Use, the Site or the Services, please contact us at
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