Terms of Use

This site is maintained as a service to our customers in the United States. By using this site, you agree these terms of use are entered into by and between You and Touchstone IQ, LLC (“Touchstone IQ”, “we”, “us”). The following terms and conditions, (these “Terms of Use”), govern your access to and use of www.touchstoneiq.com, including any content, functionality, and services offered on or through www.touchstoneiq.com (“Website”).

Please read these Terms of Use carefully before accessing or using this Website. By accessing or using the Website, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you must not access or use the Website. This Website is intended for adults only and not intended for the use of any children under the age of 13. In states that do not allow some or all of the above limitations, liability shall be limited to the greatest extent permitted by applicable law. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Touchstone. If you do not meet these requirements, you must not access or use this Website.

Touchstone IQ may revise these Terms of Use at any time by updating these Terms of Use and posting it on the Website. Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

Changes to the Website and Account Security

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain non-personal and personal information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide through this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take in respect to your information with our Privacy Policy.

While every effort is made to provide information that is accurate and reliable, Touchstone IQ does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information. Use of such information and reliance on it should be undertaken only after an independent review of its accuracy, completeness and timeliness. Any information posted on this Website may contain technical inaccuracies or typographical errors. Such information is subject to change at any time by Touchstone IQ without notice. Touchstone is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to or reliance on such information, including, but not limited to, incidental or consequential damages or lost profits, even if Touchstone IQ has been advised of the possibility of the same.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

All Website design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Website are the property of Touchstone IQ or its affiliates unless otherwise noted and are protected by U.S. and other international copyright laws. ALL RIGHTS RESERVED.

Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other material on the Website must be obtained from the copyright owner, regardless of intended use; except that you may download, display and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. Any unauthorized use of the material appearing on the Website is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and your use of the services described therein.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

  • Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries;

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

  • Use the Website to impersonate or attempt to impersonate Touchstone IQ, a Touchstone IQ employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing;

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;

  • Use any device, software, or routine that interferes with the proper working of the Website;

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; or

  • Otherwise attempt to interfere with the proper working of the Website.

Release

You hereby release and forever discharge Touchstone IQ (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other third party links or advertisements). 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification

You agree to indemnify and hold Touchstone IQ (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website, (b) your violation of these Terms of Use or (c) your violation of applicable laws or regulations.  Touchstone IQ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Touchstone IQ.  Touchstone IQ will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Reliance on Information Posted and Disclaimer of Warranties

Links on this Website may lead to services or other websites. Touchstone IQ takes no responsibility for such other websites or services. A link to another website is not an endorsement thereof. Any use you make of the information provided on this Website, or any website or service linked to by this Website, is AT YOUR OWN RISK.

TOUCHSTONE IQ PROVIDES THE WEBSITE ON AN “AS-IS” BASIS. TOUCHSTONE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE WEBSITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TOUCHSTONE IQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE WEBSITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, TOUCHSTONE IQ DOES NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOUCHSTONE IQ (OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF TOUCHSTONE IQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOUCHSTONE IQ’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR AFFILIATES WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Use of Information

Touchstone IQ reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Applicable Law

The Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of Colorado. Any legal suit, action, or proceeding arising out of or related to the Terms of Use or the matters contemplated hereunder shall be instituted exclusively in the state courts of the State of Colorado located in the City and County of Denver, and you shall irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

Severability

If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

Waiver

The failure of Touchstone IQ to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by Touchstone IQ must be in writing and signed by an authorized representative of Touchstone IQ.

Termination

Touchstone IQ may terminate these Terms of Use at any time, with or without notice, for any reason.

Relationship of the Parties

Nothing contained in these Terms of Use or your use of the Site shall be construed to constitute either party as a partner, joint venture, employee, or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement

If you are interested in obtaining any services from Touchstone IQ, you will be required to execute a License Agreement, which License Agreement will govern your relationship with Touchstone IQ, including your use of the Website.  Otherwise, these Terms of Use constitutes the entire agreement between you and Touchstone IQ and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.touchstoneiq.com with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website.

Contact Information

Touchstone IQ, LLC

2000 S. Colorado Blvd.

Annex Bldg, STE 460

Denver, CO 80222

info@touchstoneiq.com