TERMS OF USE

USER DATA

We may maintain certain data that you transmit through our website for the purpose of managing website performance, as well as data you voluntarily submit in order to obtain information or request services.  You are solely responsible for all data that you transmit or that relates to any activity you have undertaken while using our websites.  You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Use of our interactive website, sending emails, and completing online forms constitute electronic communications.  By engaging in electronic communications with us, you understand and agree that any personal information you provide is done at your own risk.  If you are uncomfortable completing online forms or applications, please do not use the interactive features of our website.

INFORMATIONAL PURPOSES ONLY

The information posted on our websites are for only informational purposes.  The website features are not intended to offer medical or treatment advice, or to serve as a substitute for the professional judgment of a health care provider.  Always seek the advice of your physician or other qualified health care provider if you have questions regarding your symptoms, your condition, or your treatment.  Always immediately call 911 (or call your doctor if the 911 lines are busy) if you think you have a medical emergency.

ACCEPTABLE USE POLICY

You may use our websites only in compliance with these Terms, as well as with all applicable federal, state, and local laws, statutes, rules, and regulations.

By using our websites, you agree

• not to use our websites or any of its features or links to external websites for criminal or malicious purposes; to transmit materials of a threatening, harassing, libelous, or defamatory nature; and to distribute offensive or discriminatory material;
• not to use any materials protected by trademark, copyright, trade secret, HIPAA or other privacy right, without the prior, express prior written consent of the applicable owner of the information;
• not to upload or cause the distribution of any malicious computer codes or other potentially harmful or invasive computer codes, files, or programs designed or intended to damage or interfere with the operation of any software, hardware, or other equipment;
• you will not use or websites or any of its features or links to external websites to compromise or violate the security of a network, service, or other system.

You acknowledge and understand that unauthorized use of our systems or assets is strictly prohibited, and violators are subject to criminal prosecution.

By using our websites, you agree to be aware of common internet scams such as “phishing” and “spoofing.”  These scams involve a bad actor sending an e-mail or text that appear to be sent by a legitimate source.  Most often, the e-mails or texts will request personal information from you, or ask you to do something, such as verify confidential information such as a social security number or bank account; or “activate” or “protect” an account by transferring money – usually a small amount – to a specified link.  Personal Touch takes such schemes and threats very seriously.  If you receive such a request, we ask that you do not respond to the request but contact Personal Touch immediately to verify its origin. If, and only if, a Personal Touch representative confirms that one of our staff sent the request to you, should you consider responding.  To be safe, you should call only one of the numbers on our website and then proceed as directed.

THIRD PARTY LINKS

Our websites may include links to external websites that are not owned or controlled by Personal Touch Holding Corp. or its subsidiaries (“third-party websites”), such as for paying a bill online.  These third-party websites have their own privacy and use policies.  We have no responsibility or liability for the content and activity of the linked sites, and strongly encourage you to read their applicable privacy and use policies before providing any personal information through the third-party sites.    

INTELLECTUAL PROPERTY RIGHTS

The logos, designs, slogans, and service marks appearing on our website, either with or without the trademark symbol, are protected by copyright and trademark laws (as well as various other intellectual property rights and unfair competition laws) and treaties.  No right or license is granted either by implication or otherwise, to use any logo, trademark, or service mark displayed on our websites or other intellectual property rights owned by Personal Touch Holding Corp. or by any third party.

LIMITATIONS OF LIABILITY

The online features and the information available through the online services are provided “as is” and without any warranty or guaranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  In no event shall Personal Touch, its directors, officers, employees, agents, or assigns be liable to you or to any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of this website or any of its features or links to external websites.

INDEMNIFICATION

We do our best to maintain our website and protect its security but, due to the multiple variables involved (including but not limited to the security of your own device and network used while you access our website), we cannot guarantee that use of our website is risk-free.  You agree to defend, indemnify, and hold harmless Personal Touch Holding Corp., its subsidiaries, affiliates, and all our respective officers, directors, agents, owners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising from use of this website and any links to external websites, breach of these Legal Terms, breach of your representations and warranties set forth in these Legal Terms, violation of the rights of a third party, violation of our intellectual property rights, and any overt harmful activity toward any other user of this website or its features.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and to you agree to cooperate, at your expense, with our defense of such claims.  We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of New York.  By using this website, you implicitly agree to the Terms and Conditions, and irrevocably consent that the courts of New York shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.