Terms of use – Touchland

 

Last updated: February 5th, 2025


These Terms of Service Agreement (the "Terms of Service") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Touchland LLC, located at 100 SE 2nd St, Suite 2000, Miami, FL 33131, and our subsidiaries and affiliates (“Touchland” “we” “us” “our”), in association with the use of the Touchland website located at touchland.com, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (the "Site"), and the e-commerce services and products provided by Touchland, such as the Touchland hand sanitizers and mists, and related services (the “Services”).


PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE AND SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. 

ELIGIBILITY; ACCOUNTS & REGISTRATION.

1. To use the Site and the Services, you must be at least 18 years of age, a resident of the continental United States, and in good standing and not an individual that has been previously barred from receiving Touchland's Services under the laws and statutes of the United States or other applicable jurisdiction.

2. Any and all visitors to our Site, despite whether they are registered or not, shall be deemed as "users" of the Services provided for the purpose of these Terms of Service. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."

3. When you register, Touchland may collect information such as your name and e-mail address. You can edit your account information at any time. Once you register with Touchland and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:

1. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

4. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Touchland will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Touchland Services, or any portion thereof.

5. When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) who access your account information that, if undertaken by you, would be deemed a violation of these Terms of Service. It shall be your responsibility to notify Touchland immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Touchland shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of these Terms of Service.

1. All orders are subject to our acceptance or rejection based on product availability, noncompliance with this Agreement, or any other reason as determined in our sole discretion. We reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

2. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. The Site may contain information regarding the availability of products. In rare cases, a product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some products for sale before they have been manufactured or arrive at our warehouse. When you preorder these products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.

3. When ordering, it is your responsibility to ensure that all information submitted to Touchland is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order.

4. All amounts are payable and charged: (i) for one-off purchases, at the time you place your order; and (ii) FOR SUBSCRIPTION-BASED PURCHASES, AT THE BEGINNING OF THE SUBSCRIPTION AND, BECAUSE EACH SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL YOU CANCEL IT, AT THE TIME OF EACH RENEWAL UNTIL YOU CANCEL. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period. YOU CAN CANCEL THE RENEWAL OF YOUR SUBSCRIPTION AT ANY TIME by logging into your account or contacting us by email at hello@touchland.com. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive products ordered until the end of your current subscription period.

1. In the access or use of the Site and Services, you must comply with these Terms of Services and the special warnings or instructions for access or use posted on the Site and Services. You must always act in accordance with the law and in good faith. It is strictly prohibited to use or contact the Site or Service to harass or disparage Touchland, its users, personnel, products or services. No unsolicited email (spam) may be directed to or through the Site or Services. Users may not use the Site or Services in order to upload, post, transmit, distribute, display, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; or (c) that is libelous, obscene, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene or is otherwise objectionable in Touchland’s sole determination. If you breach any of the obligations set forth in these Terms of Service (including our Privacy Policy), including by either your negligent or willful conduct, you shall be liable for all the losses and damages that this may cause to Touchland, our affiliates, partners or licensors.

Furthermore, you agree not to make use of Touchland's Services for the purpose of:

1. impersonating any individual or entity, including, but not limited to, any Touchland officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

2. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

3. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;

4. interfering with or disrupting the Site and Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers.

1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, reviews or other information regarding the Site or the Services ("User Content") provided by you to us are non-confidential and shall become our sole property. By submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this User Content for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such User Content, and you hereby warrant that any such User Content are original with you or that you have the right to submit such User Content. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your User Content.

You agree that you:

1. will not provide to us any User Content that is: unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Touchland;

2. that you will not post any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; 

3. that you will not impersonate any person or organization, including without limitation, the personnel of Touchland, or misrepresent an affiliation with another person or organization; 

4. you will not post any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site or Service, or feature thereof.

2. We have the right to refuse to pre-screen, post, reject, delete, reformat and edit all User Content, in our sole discretion.

    1. These Terms of Service, as they may be updated from time to time, shall remain in effect for the entirety of the relationship between you and Touchland.


    2. As a member of touchland.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to hello@touchland.com. As a member, you agree that Touchland may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

    1. any breach or violation of these Terms of Service or any other incorporated agreement, regulation and/or guideline;
    2. by way of requests from law enforcement or any other governmental agencies;
    3. the discontinuance, alteration and/or material modification to our Services, or any part thereof;
    4. unexpected technical or security issues and/or problems;
    5. any extended periods of inactivity;
    6. any engagement by you in any fraudulent or illegal activities; and/or
    7. the nonpayment of any associated fees that may be owed by you in connection with your touchland.com account Services.

    3. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.


    4. The termination of your account with Touchland may include any and/or all of the following:

    1. the removal of any access to all or part of the Services offered within touchland.com;
    2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
    3. the barring of any further use of all or part of our Services.

    PRODUCT INFORMATION.

    1. The products available on the Sites and Services, including any samples Touchland may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Touchland. Touchland reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Service, as determined by Touchland in its sole discretion.

    2. From time to time, we may provide summaries of or highlights from product descriptions, the text of customer reviews (as defined below), and other information on the Site(s). Summaries are provided for convenience, but are not exhaustive representations of product descriptions or full reviews.

    3. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice.

    4. While Touchland has tried to accurately display the colors of products, the actual colors you see will depend on your screen and may not be accurate.

     

    BUILD YOUR BUNDLE FREE GIFTS.

    In order to qualify for a free gift after bundling 5 or 10 mists, the gift must be selected on the side cart prior to check-out. If the gift is not selected, we won't be able to honor the free gift after nor ship a separate shipment with the missing gift. If you have any questions, please email us at customerservice@touchland.com.

     

    MODIFICATION.

    1. Touchland shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

    2. The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Touchland. At its discretion, Touchland may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Touchland does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Touchland shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

     

    REWARDS PROGRAM.

    1. We offer a rewards program for you to earn and redeem points (“Rewards Program”). By signing up for the Rewards Program, you agree to the Rewards Program Terms of Use incorporated herein by reference. 


    STUDENT DISCOUNTS.

    1. Only students that have been verified with Student Beans will receive 15% off their order. If a profile hasn’t been created with Student Beans verifying the same, we won’t be able to honor a student discount. This discount can’t be combined with other discounts. Code must be entered during checkout to redeem. Discount doesn’t apply to shipping fees. One use per customer. 


    RETURNS & SHIPPING.

    Please review our Returns & Shipping policies which govern purchases you make using the Site and Services, and are hereby incorporated by reference.

     

    INTELLECTUAL PROPERTY RIGHTS.

    1. All content available on the Site and Services, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of Touchland, our affiliates, partners or licensors, and is protected by United States and international copyright laws.

    2. The trademarks, logos, and service marks displayed on the Site and Services (collectively, the “Trademarks”) are the registered and unregistered marks of Touchland, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

    3. Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our Florida office at the address specified below.

     

    COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES.

     

    1. With regards to appropriate circumstances and at its sole discretion, Touchland may disable and/or terminate the accounts of any user who violates these Terms of Service and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

    1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

    2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

    3. A description of the location of the site which you allege has been infringing upon your work;

    4. Your physical address, telephone number, and email address;

    5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

    6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

    2. The Touchland Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

    Mailing Address:
    Touchland LLC Attn: Legal
    100 SE 2nd St Suite 2000, 
    Miami, FL 33131

    Email: info@touchland.com 

    INDEMNIFICATION.

    1. TOUCHLAND IS PROVIDING THE SITES, THEIR CONTENTS AND THE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR THE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, TOUCHLAND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN ADDITION, TOUCHLAND DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

     

    LIMITATION OF LIABILITY.

    1. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TOUCHLAND AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR.

    2. WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR THE SERVICES REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

     

    PRIVACY.

    1. Please review our Privacy Policy which governs your use of the Site and Services, and is hereby incorporated by reference. The Privacy Policy explains what information we collect, how we use it, and how we protect your privacy when you use the Site and Services. By using the Site and/or Services, you agree to the use of your data in accordance with our Privacy Policy.


    LINKS.

    1. Either Touchland or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Touchland shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

     

    ARBITRATION.

    1. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    2. WE BOTH AGREE TO ARBITRATE. You and Touchland agree to resolve any claims relating to these Terms of Service through final and binding arbitration in Miami-Dade County, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

    3. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

    CHOICE OF LAW AND FORUM.

    1. It is at the mutual agreement of both you and Touchland with regard to these Terms of Service that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions.  If a court of competent jurisdiction determines that the arbitration provision contained in Section 19 above is unenforceable or not applicable as a matter of law, or this is a matter relating to intellectual property rights, you agree that any and all claims, causes of action and/or disputes, arising out of or relating to these Terms of Service, or the relationship between you and Touchland, shall be filed within the courts having jurisdiction within the County of Miami-Dade County, Florida or the U.S. District Court located in said state. You and Touchland agree to submit to the jurisdiction of such courts and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

     

    GENERAL TERMS.

    1. ENTIRE AGREEMENT. These Terms of Service constitute the entire agreement between you and Touchland and shall govern the use of our Services, superseding any prior version of these Terms of Service between you and us with respect to Touchland Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Touchland Services, affiliate services, third-party content or third-party software.

    2. WAIVER AND SEVERABILITY OF TERMS. At any time, should Touchland fail to exercise or enforce any right or provision of these Terms of Service, such failure shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect.

    3. NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY. You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. 

    4. THIRD PARTY BENEFICIARIES. You herein acknowledge, understand and agree, unless otherwise expressly provided in these Terms of Service, that there shall be no third-party beneficiaries to this agreement.

    5. NOTICE. Touchland may furnish you with notices, including those with regards to any changes to these Terms of Service, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of these Terms of Service by accessing our Services in an unauthorized manner. Your acceptance of these Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

    6. VIOLATIONS. Please report any and all violations of these Terms of Service to Touchland as follows:

    Mailing Address:
    Touchland LLC

    100 SE 2nd St, suite 2000, 

    Miami, FL 33131

    Email: customerservice@touchland.com

    7. CHANGES TO THESE TERMS OF SERVICE. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site and/or Services after the date such revised Terms of Service are posted.