TouchPad Pro Foundation (TPPF Inc)

 

Terms and Conditions for the BrailleDoodle Presale

 

Last Updated: 9-24-2023

 

By using this website (the “Site”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy.

 

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively; they will apply to orders placed after the effective date of the updated terms.

 

1. Preordering the BrailleDoodle

 

To preorder the BrailleDoodle, you must be at least 18 years old or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

 

2. The Presale Explained

 

This presale provides a funding platform for this creative project. We are inviting other people to form a contract with us. Anyone who pays for the presale (a “backer”) of the BrailleDoodle(s) is accepting the offer presented on the website and forming that contract.

 

3. The Contract

 

The contract is a direct legal agreement between TPPF Inc. and the backers. Here are the terms that govern that agreement:

 

TPPF Inc. Promises the Following:

 

– To post updates that explain what work has been done and how funds were used.

 

– To work diligently and in good faith to bring the sale to the best possible conclusion in a timeframe that’s communicated to backers.

 

– To demonstrate we have used funds appropriately and made every reasonable effort to complete the project as promised.

 

– To be honest and make no material misrepresentations in their communication to backers.

 

4. Delivery and Shipping

 

Backers are responsible for their own shipping costs including taxes and fees. The delivery estimate is an estimate of when BrailleDoodles will be shipped—this is not a guarantee to fulfill by that time. The schedule may change because manufacturing and shipping delays may occur.

 

5. Intellectual Property Rights

 

Backers do not receive any rights to the product’s intellectual property, including patents, copyrights, or design rights.

 

6. Dispute Resolution

 

Any disputes between TPPF Inc. and backers will be resolved through arbitration under the laws of New York.

 

7. Disclaimer of warrenties; Limitation of Liability


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

TPPF Inc.’s, its officers, directors, shareholders, employees, agents, and assigns shall not be liable for any incidental, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if you have advised TPPF Inc. of the possibility of such damages. TPPF Inc., our officers, directors, shareholders, employees, agents, and assigns will have no liability to you or any other party for damages (including but not limited consequential, compensatory, special, direct, indirect, punitive, incidental, or exemplary damages), obligations, losses, costs, and expenses (“Loss”) arising out of or relating to the use of, reliance on or inability to use the Services.

 

8. Force Majeure

 

Neither party will be liable for any failure or delay in performing an obligation under these terms due to certain causes and events out of their reasonable control, including natural causes (fire, storms, floods, explosions); changes in laws, rules or regulations, or acts of any government authority (including war); infrastructure failures (transportation, energy); societal causes (riots, terrorist acts, civil commotion); epidemic or pandemic (including the COVID-19 pandemic); breakdown of communication facilities, breakdown of web host, breakdown of internet service provider; or generalized lack of availability of raw materials or energy.

 

9. Indemnification

 

You agree to indemnify, defend, and hold the company, its parent, related and affiliated entities, and their respective directors, officers, employees, members, shareholders, representatives, agents, licensees or licensors (and all successors and assigns of any of the foregoing, collectively referred to as “Indemnitees”), harmless from and against any claim or demand, including, without limitation, reasonable attorneys’ fees and disbursements, made by any third party in connection with or arising out of your use of the services, except for liability arising out of the gross negligence or willful misconduct of Indemnitees. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

 

10. Governing Law

 

These Terms are governed by the laws of New York, and any legal actions will take place in the courts of New York.

 

11. Communication

 

For inquiries, concerns, or support related to your pre-order, please contact us:

 

The TouchPad Pro Foundation

 

Valhalla, NY 10595

 

973.699.3327