inTouch R&B Terms & Conditions
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INTOUCH R and B LLC
Commonly referred to as ‘InTouch R&B’
InTouch R&B Network
Privacy Policy
Last Updated: January 2023
The inTouch R&B (or “we” or “us” or “our”) recognizes the importance users of our websites and mobile applications place on the privacy of their information. We created this privacy policy (“Privacy Policy”) to demonstrate our firm commitment to protecting the privacy of your information as described below and to explain the privacy policies and procedures of the inTouch R&B.
This Privacy Policy describes how the inTouch R&B collects, uses, and shares information gathered from users of the suite of products and services that are part of inTouch R&B platform distributed through inTouch R&B (or it’s licensor’s) websites and properties (“inTouch R&B Websites”) and associated mobile applications (“inTouch R&B Mobile Apps”). The inTouch R&B Websites and the inTouch R&B Mobile Apps are collectively referred to as the “inTouch R&B Products”.
Table of Contents
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Policy Changes
What Information Does the inTouch R&B Collect?
How Does the inTouch R&B Collect My Information?
How Does the inTouch R&B Use My Information?
Sharing with Regional Associations, Member Clubs, Golfers and Approved Technology Providers
Sharing with Other Third Parties
Third Party Advertisers
How Does the inTouch R&B Try to Protect My Information?
Your Choices
Links to Other Websites
Children’s Online Privacy Protection
Consent to Worldwide Transfer and Processing of Personal Information
Change Information
Account Deactivation
Contact Us
1. Policy Changes
We suggest that you review this Privacy Policy periodically, as we may modify it from time to time as our services evolve. We will notify you of material changes or updates to our Privacy Policy as required by law.
2. What Information Does the inTouch R&B Collect?
The inTouch R&B collects two types of information from users of the inTouch R&B Products: (1) non-personal information that are collected as you interact with the inTouch R&B Products that cannot, in itself, be used to specifically identify or contact an individual (except as described below) (“Non-Personal Information”); and (2) personal information that can be used to specifically identify or contact an individual (“Personal Information”). The
Non-Personal Information
If you are using any component of the inTouch R&B Products, we will automatically capture certain Non-Personal Information about you and your use of the product. For example, we automatically recognize and collect:
your Internet service provider and domain name;
usage and “clickstream” data, which includes: the type of device and browsing software you are using and their settings (including language settings), your browser ID, general geographic information derived from your IP address, URL information, the address of the web site from which you linked to a inTouch R&B Product, the pages, content or ads you see or click on during your visit and when and for how long you do so, items you download, any search terms you have entered on the inTouch R&B Products or a referral site, the time stamps of your visits to the inTouch R&B Products and other similar types of information;
counts of the screens and features of the inTouch R&B Mobile Apps that are used, the countries from which the GHIN Mobile Apps are used, time stamps of uses, device language settings, and the types of devices, operating systems, carriers, wireless connections you are using and other similar types of information;
unique numerical identifiers, including mobile device identification numbers;
information about your interactions with our email messages;
geolocation information, including precise information about the location of your mobile device, to the extent that such information is provided by your device.
Personal Information
When you use a inTouch R&B Product, you may be asked to provide or choose to provide Personal Information about yourself, or we may otherwise collect Personal Information about you, including, but not limited to:
your Internet Protocol (IP) address;
contact information, such as your name, address, email address, telephone number, and/or inTouch R&B MAC ID number, password or other login credentials to create and access your account on the inTouch R&B Products;
demographic information, such as gender and birthdate to the extent such information is connected to any of the above Personal Information; and certain play statistics (such as how, when and where you played) about your golf round to the extent such information is connected to any of the above Personal Information.
The above are only examples of the types of Personal Information we may collect. The actual types of Personal Information collected depend on the specific product or service you request, the types of transactions you conduct on the inTouch R&B Products, and the various activities in which you participate.
In some areas of the inTouch R&B Products, you will also have an opportunity to provide us with Personal Information of third parties (i.e., other users. You represent that you have the required permission to do so and all such information will be treated within the inTouch R&B Products in accordance with this Privacy Policy and applicable law.
3. How Does the inTouch R&B Collect My Information?
We collect information about you over time as you use the inTouch R&B Products, contact us through the inTouch R&B Products, view our emails and as you interact with other websites. We may also have third parties collect information this way, such as ad networks, web analytics companies, and social networking platforms. The inTouch R&B also uses passive tracking tools to automatically collect certain information, such as browser cookies, Web beacons, pixels or similar technologies. To learn more about our use of cookies and other tracking tools.
We also receive information about you from third parties. For example, business partners, service providers, Approved Technology Providers, Regional Associations, inTouch R&B clubs, and other associations may provide us with information about you.
We combine information. Information obtained through the inTouch R&B Products (including both Personal Information and Non-Personal Information) may be combined and used in conjunction with information obtained through sources other than the inTouch R&B Products or at different times, including both offline and online sources.
4. How Does the inTouch R&B Use My Information?
The inTouch R&B uses your information to:
Administer and manage your use of the GHIN Products;
manage & store analytics; calculate, manage and administer the inTouch R&B System;
better understand your needs, provide you with better products and services, and deliver the specific product, service, or information you requested (for example, we may use the information you provide for processing and evaluating your entry application, for processing your membership application, for processing your registration on certain inTouch R&B Products, and for contacting you with regard to your membership, registration, transactions and other activities or accounts on the inTouch R&B Products);
Communicate with you or update you about your account, our relationship, or with regard to this Privacy Policy or the inTouch R&B Terms of Service; send you emails and marketing information, including updates on products, services, and benefits relating to the inTouch R&B and select third parties in whose products, services and offerings we think you may be interested & personalize your experience on the inTouch R&B Products;
Serve you tailored ads on the inTouch R&B Products and elsewhere based on your interests and history with us. To learn about your choices with regard to interest-based advertising and marketing communications, please see the Choices section below;
Contact you for market research;
send you relevant push notifications and other information through the inTouch R&B Mobile Apps; and, for security purposes (for example, we may use your information to protect the inTouch R&B, Regional Associations, inTouch R&B clubs, and our users, employees, sponsors and business partners) and to protect the inTouch R&B Products.
We may use the information we collect through the inTouch R&B Products as otherwise permitted by law or as we may notify you from time to time.
5. Sharing with Regional Associations, inTouch R&B Member Clubs, and Approved Technology Providers
The inTouch R&B will share your information with Regional Associations, inTouch R&B member clubs, other golfers, Approved Technology Providers, and sometimes the general public as described herein. The term “Approved Technology Providers” shall mean technology providers who have entered into a separate contract with either the Regional Associations or theinTouch R&B or both.
We provide the inTouch R&B Products to you at the request of your Regional Association and inTouch R&B member club so any information you provide will be shared with them.
All Regional Associations and inTouch R&B member clubs are tasked with the administration and inTouch R&B System for their users and accordingly information about you may be shared among theinTouch R&B, the Regional Associations and inTouch R&B member clubs to the extent reasonably necessary to fulfill that purpose.
When a Regional Association or a member club manages a golf tournament Additionally, to the extent you or any third party submits or uploads any information about you on inTouch R&B Management component of the inTouch R&B Product, such information may be available to the general public and outside the control of the inTouch R&B.
Regional Association(s) and inTouch R&B club(s) to which you may be a member have superior rights to your information relative to other Regional Associations and clubs.
If the inTouch R&B permits access to your information by an Approved Technology Provider at the request of the Regional Association, then such Approved Technology Provider will have access and edit rights to your information as a service provider for the Regional Association.
As part of the peer review process, certain parts of a user’s information, such as name, and data ( location of user, dates, etc.) will be generally available uers who use inTouch R&B Products; the level of available information on dates and location of users will depend on whether the person looking up the users an inTouch R&B member of the same club or a different club. If you would like more information on peer review, please refer to: Definition of PEER REVIEW.
THE SHARING OF INFORMATION WITH REGIONAL ASSOCIATIONS, INTOUCH R&B MEMBER CLUBS,USERS, AND APPROVED TECHNOLOGY PROVIDERS AS DESCRIBED HEREIN IS AN ESSENTIAL REQUIREMENT OF THE INTOUCH R&B PRODUCTS AND ADMINISTRATION AND GOVERNANCE OF THE INTOUCH R&B SYSTEM. YOU DO NOT HAVE ANY CHOICE WITH REGARD TO SUCH SHARING. IF YOU DO NOT AGREE TO SUCH SHARING OF INFORMATION THEN YOU SHOULD IMMEDIATELY STOP USING THE INTOUCH R&B PRODUCTS AND REQUEST THAT THE INTOUCH R&B MEMBER CLUB(S) AND THE ASSOCIATED REGIONAL ASSOCIATIONS NOT INCLUDE ANY OF YOUR INFORMATION IN ANY INTOUCH R&B PRODUCTS AND APPROVED TECHNOLOGY PROVIDERS.
6. Sharing with Other Third Parties
In addition to the inTouch R&B sharing your information with Regional Associations, inTouch R&B member clubs, other users and Approved Technology Providers as stated above, the inTouch R&B may also share your information with other third parties in certain circumstances. For example, we may share your information:
with our affiliates;
with our vendors, consultants and service providers who are under contract with theinTouch R&B ;
with third party auditors;
in order to comply with legal requirements, such as in response to court orders or subpoenas, or as part of a government or administrative agency investigation;
to permit us to investigate suspected fraud, harassment, or other violations of any law, rule, or regulation, the rules or policies of the inTouch R&B Products, or the rights of third parties, or to investigate any suspected conduct which the inTouch R&B deems improper;
when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the inTouch R&B Products, or anyone else that could be harmed by such activities;
to an acquirer or successor entity in the event that the inTouch R&B Product, or a substantial portion of it, undergoes a business restructuring, transfer of ownership, or similar transaction; and
as otherwise permitted by this Privacy Policy.
Except as provided, the inTouch R&B does not share your Personal Information with any third party without your opt-in permission.
We may share Non-Personal Information with third parties for any reason, including for marketing purposes, with or without your consent. We may also disclose Non-Personal Information regarding our users and user behavior as a measure of interest in, and use of, the inTouch R&B Products to third parties, including, for example, aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
Certain components of the inTouch R&B Products may permit you to share information about yourself and others through third party social media platforms. Any such conduct shall be governed by the privacy policies of those social platforms.
7. Third Party Advertisers
Please note that advertisers on the inTouch R&B Products and their and our ad service providers (including affiliate network providers and third party ad servers) may set cookies or use related technologies or web beacons when you view and/or click their advertising banners, links or other ads. Information from cookies, tracking pixels, clear GIFs and other tracking technologies placed through third party ads and links may be collected directly by those advertisers and ad service providers and used to cause relevant ads to be displayed to you. For example, these companies may collect and use information about you and your visits to the inTouch R&B Products and other Websites in order to provide advertisements about goods and services of interest to you. These advertisements may appear on the inTouch R&B Products and on other Websites. The advertiser’s privacy policy and/or that of its service provider will govern the use of this information and we are not responsible for the privacy practices of such companies. We encourage you to read these businesses’ privacy policies to learn about how they treat your information.
8. How Does the inTouch R&B Try to Protect My Information?
The security of your information is important to us. However, while we strive to protect your information, due to the inherent open nature of the Internet we cannot guarantee that communications between you and any inTouch R&B Products, or information stored on any inTouch R&B Products or servers, will be free from unauthorized access by third parties. By using the inTouch R&B Products, you are acknowledging this risk. We also cannot guarantee or assume any liability for the security and safeguarding of your information by the Regional Association, inTouch R&B member clubs, other users or Approved Technology Providers after we have shared your information with them. We encourage you to follow up with the Regional Associations, inTouch R&B member clubs and Approved Technology Providers directly to obtain information on the procedures they use to secure and safeguard your information. It is also important that you review and appreciate the rules governing what the Regional Association, inTouch R&B member clubs and Approved Technology Providers do with any information we share with them and any information you provide to them directly. Please make sure to review their terms of use and privacy policy, if any. If you have any questions on identifying who your Regional Association, inTouch R&B member club or Approved Technology Provider (if applicable) is, please contact us at support@intouchRandB.com and we’ll try to assist you in identifying them. When contacting us, please make sure to provide us with your name and inTouch R&B MAC address number.
You should be aware that any information and content, including Personal Information, you post to message boards, community tools, or other publicly accessible forums may be viewed and used by anyone with access to such forums. By using these services, you assume the risk that the Personal Information provided by you may be viewed and used by third parties.
9. Your Choices
You can control cookie and tracking tools. To learn how the inTouch R&B uses cookies and other tracking tools, and to read our Do Not Track policy, please click here. If you turn off cookies, certain features and functions of the inTouch R&B Products may not be available to you.
You can opt out of receiving promotional emails from the inTouch R&B. To do so, email us at sales@intouchRandB.com or follow the instructions in any promotional message you get from us. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship activities, transactions and communications with us.
If you wish to stop receiving push notifications through the inTouch R&B Mobile App, you may change the settings for the inTouch R&B Mobile App and/or your device.
The precise geographic location of your device will be transmitted to our servers in real time any time that the inTouch R&B Mobile App is running (sometimes even if you are not actively using the inTouch R&B Mobile App or it is minimized on your device). You may stop allowing us to have access to your device’s location information by accessing the inTouch R&B Mobile App’s location settings on your device and setting your device not to share its location with us.
Please note that the inTouch R&B is not responsible for removing your information from third party lists or databases. You can restrict certain of your Personal Information by select direct mail companies.
PLEASE NOTE THAT THE CHOICES AVAILABLE IN THIS SECTION DO NOT APPLY TO THE SHARING OF INFORMATION WITH REGIONAL ASSOCIATIONS, MEMBER CLUBS, INTOUCH R&B OTHER USERS AND APPROVED TECHNOLOGY PROVIDERS, AS DESCRIBED IN THE SHARING WITH REGIONAL ASSOCIATIONS, MEMBER CLUBS, AND APPROVED TECHNOLOGY PROVIDERS SECTION ABOVE. YOU ARE NOT ABLE TO OPT-OUT OF SUCH SHARING AND SHOULD NOT USE ANY INTOUCH R&B PRODUCT IF YOU DO NOT AGREE TO SUCH SHARING.
10. Links to Other Websites
The inTouch R&B Products may contain links, banners, or advertisements to other websites. When you click on such links, banners, or advertisements, the privacy policies of the websites to which you are linked and/or their service provider (as applicable) will govern the use of your information collected on such sites. The inTouch R&B does not have access to or control over any technologies or practices that may be used by third parties.
This Privacy Policy applies solely to information collected by the inTouch R&B via its inTouch R&B Products. We are not responsible for the privacy practices of other websites. We encourage our users to read the privacy statements of each and every web site visited after leaving any of the inTouch R&B Websites through such a link, banner or advertisement, in order to learn how such third parties may treat your information.
11. Children’s Online Privacy Protection
The inTouch R&B Products are not intended for children under the age of 13 years. Children under 13 are expressly prohibited from providing any Personal Information via the inTouch R&B Products. inTouch R&B does not knowingly collect or solicit Personal Information directly from children under 13 or allow them to register to use any inTouch R&B Product. In the event the inTouch R&B learns that we have collected Personal Information from a child under 13 without verifiable parental consent, we will delete such information as quickly as possible.
12. Consent to Worldwide Transfer and Processing of Personal Information
The inTouch R&B Products are not intended for use by residents of the European Economic Area. By using the inTouch R&B Products, you agree and acknowledge that the inTouch R&B Products are hosted in the United States and that information collected through the inTouch R&B Products (including Personal Information) will be stored and processed in the United States. By using the inTouch R&B Products, you consent to such transfer and the application of the laws of the United States, which may not be as protective or comprehensive as those that exist in your home jurisdiction. Your information may also be transferred to entities other than the inTouch R&B and its affiliates, which entities may be located in countries outside the European Economic Area, including the United States. Each of these countries has different privacy laws that afford varying levels of protection for your personally identifiable information, and such laws may not be as protective or comprehensive as those that exist in your home jurisdiction.
13. Change Information
You can access, view and change your preferences, profile, and other information by visiting the applicable profile section of the inTouch R&B Product, to the extent available, or emailing us at support@intouchrandb.com calling us at (BE1). INTOUCH. You may also inform us of such changes by following the procedures described in the Contact Us section of this Privacy Policy, and the inTouch R&B will take reasonable steps to correct any information about you that is incorrect.
14. Account Deactivation
To deactivate your user account, you may email support@intouchRandB.com usga.org, call us at (BE1) INTOUCH 234-2300. or follow the procedures in the Contact Us section of this Privacy Policy, or use the deactivate feature in the inTouch R&B Product, if available. We will remove your profile from the inTouch R&B Products but may retain any record of your information that is necessary to comply with applicable federal, state, or local law. The inTouch R&B may maintain and continue to use anonymized data for any lawful business purposes. Please keep in mind that (a) the deactivation of your user account on the inTouch R&B Products will not affect the information that Regional Associations, inTouch R&B member clubs and Approved Technology Providers (if applicable) may have about you, if any, and (b) if you made use of communication features, e.g., sending a personal message, or using community tools (such as posting on message boards or other publicly accessible forums, to share information with other individuals on any of the inTouch R&B Products), such communications are generally not removable. By registering for a user account, you acknowledge and consent that, even after removal of your profile and Personal Information from a inTouch R&B Product, your information may remain viewable in cached and archived pages of individuals who have copied or stored such information.
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inTouch R&B LLC T&C's or Terms of Use
Terms & Conditions of Use
Last updated: January 25, 2021
This website is operated by inTouch R&B LLC, doing business as inTouch R&B (“inTouch R&B”, “us” or “we”). These Terms and Conditions of Use apply to this website and any other websites linking to these Terms and Conditions of Use (including, but not limit to, mirrored, co-branded and successor sites) owned, operated, controlled and/or otherwise made available by inTouch R&B, its affiliates and their subsidiaries (collectively, the “Website”).
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO INTOUCH SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE INTOUCH SERVICES AND PRODUCTS, AND THE RELATED INTOUCH SOFTWARE, DATA, CONTENT AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “INTOUCH R&B TECHNOLOGY”).
INTOUCH R&B IS WILLING TO PROVIDE YOU WITH ACCESS TO THE INTOUCH R&B TECHNOLOGY THROUGH THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, AND ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM INTOUCH R&B OR ITS AFFILIATES IN CONNECTION WITH THE INTOUCH R&B TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE INTOUCH R&B TECHNOLOGY AND EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE TEAMGANTT TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM INTOUCHR&B.
ALONG WITH THESE TERMS AND CONDITIONS OF USE, PLEASE READ OUR PRIVACY POLICY AND REFER TO IT BEFORE YOU SUBMIT ANY PERSONAL INFORMATION TO THE WEBSITE.
Authority
By accessing, subscribing, downloading and/or otherwise using the inTouch R&B Technology, you (a) represent that you are the age of majority in your state or jurisdiction of residence, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by the terms and conditions set forth in this Agreement, and (c) agree to all operating rules and policies of inTouch R&B that may be published within the TeamGantt Technology.
Copyright and Limited License
The inTouch R&B Technology and all content and other materials found in the inTouch R&B Technology, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, interfaces, sound files, other files and the look and feel, selection and arrangement thereof, including, without limitation, all intellectual property and proprietary rights therein (collectively, the “Website Materials”) is the proprietary property of inTouch R&B or inTouch R&B’s licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
Subject to the terms and conditions set forth herein and any third party restrictions, inTouch R&B grants you a non-transferable, non-exclusive, revocable, and non-sub license-able limited right and license to view, use and access the inTouch R&B Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the inTouch R&B Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use; (b) to use the inTouch R&B Technology for your internal evaluation purposes in accordance with the applicable documentation if you have registered for a trial version; and/or (c) to use the inTouch R&B Technology for your internal business purposes in accordance with the applicable documentation if you have purchased a commercial use license from inTouch R&B ; provided you retain all inTouch R&B copyright and proprietary notices contained in the original materials or any copies thereof.
All rights not expressly stated herein are reserved by inTouch R&B and inTouch R&B disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the inTouch R&B Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the inTouch R&B Technology, or any part thereof; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the inTouch R&B Technology, or any part thereof; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the inTouch R&B Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of TeamGantt its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use inTouch R&B Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using inTouch R&B Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the inTouch R&B Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the inTouch R&B Technology or servers or networks connected to the inTouch R&B Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the inTouch R&B Technology (including, but not limited, to this Website); and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users. You agree not to access the inTouch R&B Technology by any means other than through the interface that is provided to you. You may not use the inTouch R&B Technology for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of inTouch R&B, its affiliates or other individuals. You expressly waive any moral rights you may have in such Community Content (as defined hereinafter).
Your Data
You agree to update information input by you or provided by you to inTouch R&B for use in conjunction with the inTouch R&B Technology or to provide any other services to you (the “User Data”) in the event that the User Data becomes inaccurate. You agree that User Data shall not include, and you shall not provide to inTouch R&B, anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious. As between you and us, you retain any intellectual property rights in User Data and grant inTouch R&B a perpetual, non-exclusive, royalty-free, fully paid, irrevocable, worldwide license, under any and all such intellectual property rights to the extent necessary for inTouch R&B to provide the inTouch R&B Technology and other services to you, including without limitation, the rights to publicly perform, publicly display, transmit, distribute, sell, resell and create derivative works. You also authorize inTouch R&B to sublicense those rights to our contractors and/or business partners who help us provide the services you may request.
Unsolicited Submissions
Any and all comments, suggestions, remarks, ideas, graphics, videos, content, data, or other information that you transmit to inTouch R&B whether through the inTouch R&B Technology or otherwise through the Website (“Unsolicited Submission”) may be used by inTouch R&B anywhere, anytime and for any reason whatsoever, without additional compensation or notice to you, subject only to our Privacy Policy with respect to our use of your personally identifiable information. You shall remain the sole and exclusive owner of your Unsolicited Submission, and you shall be solely responsible for your Unsolicited Submission and the consequences of posting or publishing them. By submitting your Unsolicited Submissions to inTouch R&B, you hereby grant inTouch R&B and other users of the inTouch R&B Technology a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, modify, distribute, perform, publicly perform and display your Unsolicited Submissions for any legal purposes whatsoever now known or hereinafter becomes known.
Any Unsolicited Submission you provide to inTouch R&B will be deemed public information and not subject to any confidentiality obligation and inTouch R&B shall have no obligation to maintain its confidentiality except to the extent the Unsolicited Submission contains personally identifiable information, in which case, inTouch R&B’s Privacy Policy shall govern TeamGantt’s disclosure of such personally identifiable information.
By making a Unsolicited Submission, you waive the right to make any claim against inTouch R&B or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to use of the Unsolicited Submission as permitted hereunder.
You represent and warrant that your Unsolicited Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for inTouch R&B.
Electronic Delivery Policy and Your Consent
By using the inTouch R&B Technology, you consent to electronically receive from inTouch R&B all communications including notices, agreements, legally required disclosures or other information (collectively, “Notices”) in connection with the inTouch R&B Technology. inTouch R&B shall provide such electronic Notices by posting them within the inTouch R&B Technology. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the inTouch R&B Technology. Notwithstanding this paragraph, updates to our Privacy Policy will be made as stated within the Privacy Policy.
Repeat Infringer Policy
inTouch R&B respects the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the account of any users who are deemed to be repeat infringers. inTouch R&B may also, at its sole discretion, limit access to the inTouch R&B Technology and/or terminate the accounts of any users who infringe the intellectual property rights of others (regardless of whether there is any repeat infringement).
Trademarks
You agree that inTouch R&B may post your business logo on the customer page of the Website. The inTouch R&B logo, the name, the inTouch R&B initials, and any other product or service name. emblem, trademark or slogan contained in the inTouch R&B Technology (including, but not limited to, this Website and the Website Materials) are trademarks of inTouch R&B, its corporate partners, licensors, or other respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written express permission of inTouch R&B or the applicable trademark holder. You may not use any metatags or any other “hidden text” using “inTouch R&B,” the inTouch R&B initials, or any other name, trademark or product or service name of inTouch R&B without our prior written permission. Unless specifically stated otherwise, our reference to any products, services, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Payments
All payments made to inTouch R&B shall be made in United States dollars. Except for trial versions, all payments shall be made at the commencement of the term of your use of the inTouch R&B Technology and then on a monthly or annual basis, depending on the plan you choose (described in more detail below). Some uses of the inTouch R&B Technology may require you to register to receive a free trial access right. Once that trial expires, you will only be able to continue using that portion of the inTouch R&B Technology by paying in advance for your additional usage.
For any upgrade or downgrade to your use of the inTouch R&B Technology that you elect, you will be charged the new rate at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your service plan may cause the loss of features or capacity of your account and inTouch R&B shall not be liable for such loss.
You agree to pay the price that is stated at the time of your election to purchase a particular product or plan, along with any applicable sales taxes. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities (“Sales Tax”). Sales Tax may be added to your order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.
Prices and availability of the inTouch R&B Technology are subject to change without notice. To the extent permitted by law, inTouch R&B reserves the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit or debit card charged.
Paying for Your Order
Any credit card or debit card payments made by you via the Website are processed by a third-party payment processor. The payment processor may not support all payment methods, currencies or locations for payment. The accepted methods of payment may change at inTouch R&B’s or the payment processor’s sole discretion. Please review all payment and transaction policies available on the Website and/or contact your credit card issuer for more information. The processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment processor in addition to these Terms and Conditions Use.
Your card will be authorized for the full amount of your purchase at the time of your order. In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree to immediately provide inTouch R&B and/or its service provider with alternative payment information to fulfill your payment obligation. You acknowledge and agree that all payments are final and will not be returned, in whole or in part. Unless otherwise specified and except to the extent require by law, all charges are nonrefundable.
By providing inTouch R&B with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize inTouch R&B to charge you for the services using your payment method; and (iii) authorize inTouch R&B to charge you for any paid feature of the services that you choose to sign up for or use while these Terms and Conditions of Use are in force. We may bill you (a) at the time of purchase; (b) shortly after purchase; or (c) on a recurring basis for subscription plans. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription plans. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
Subscription Plans
inTouch R&B offers various monthly subscription pricing options. When you purchase the inTouch R&B Technology on a subscription basis, you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to inTouch R&B by the method you have chosen at the recurring intervals chosen by you, until the subscription for that service is terminated by you or by inTouch R&B. By authorizing recurring payments, you are authorizing inTouch R&B to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments").
Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, inTouch R&B or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account for such subscription services, you authorize us or our service provider to continue billing that payment method and you remain responsible for any uncollected amounts.
Canceling the Subscription Plan
You may cancel a subscription plan at any time, with or without cause. Please contact Support@inTouchRandB.com. to cancel the subscription plan. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.
Trial-Period Offers
If you are taking part in any trial-period offer, you must cancel the trial service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial service(s) by the end of the trial period, we may charge you for the service(s).
inTouch R&B Community
The inTouch R&B Technology allows users to connect with each other and TeamGantt (“inTouch R&B Community”).
You understand that all user generated information (including, but not limited to, that portion of your User Data or Unsolicited Submission that you post in the inTouch R&B Community), data, text, photographs, graphics, video, messages, tags, or other materials contained in the inTouch R&B Community pages (“Community Content”), whether publicly posted or privately transmitted, are the sole responsibility of the user from whom such Community Content originated. This means that you as the user, and no tinTouch R&B, are entirely responsible for all Community Content that you upload, post, email, transmit or otherwise make available via the inTouch R&B Community. inTouch R&B does not guarantee the accuracy, integrity or quality of such Community Content. Under no circumstances will inTouch R&B be liable in any way for any Community Content, including, but not limited to, any errors or omissions in any Community Content, or any loss or damage of any kind incurred as a result of the use of any Community Content posted, emailed, transmitted or otherwise made available via the inTouch R&B Community.
You acknowledge that inTouch R&B may or may not pre-screen Community Content, but that inTouch R&B and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Community Content that is available via the inTouch R&B Technology. Without limiting the foregoing, inTouch R&B and its designees shall have the right to remove any Community Content that violates this Agreement or is otherwise objectionable, as determined by inTouch R&B. You agree that you must evaluate, and bear all risks associated with, the use of any Community Content, including any reliance on the accuracy,