The terms governing your use of TouchPoint Pro services.
These Terms and Conditions ("Terms") govern your use of the services, website, and communications provided by TouchPoint Pro, a service operated by Trained Advisor LLC ("we," "us," "our," or "Company"). By accessing our website, using our services, or consenting to receive communications from us, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
TouchPoint Pro provides marketing, client acquisition, and business automation services to professionals in the financial services industry. Our services may include but are not limited to: LinkedIn outreach management, CRM setup and management, email marketing, landing page creation, appointment scheduling, onboarding support, and related consulting services.
By using our services, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and are not prohibited from using our services under any applicable law or regulation. If you are using our services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
Certain features of our services may require you to create an account or provide personal and business information. You agree to provide accurate, current, and complete information during registration and to update your information as necessary to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
By providing your mobile phone number and opting in to receive text messages from TouchPoint Pro, you agree to the following terms:
TouchPoint Pro SMS Program
For privacy-related inquiries regarding our SMS program, please refer to our Privacy Policy.
By providing your email address, you may receive transactional emails related to your account and services. If you opt in to receive marketing communications, you may also receive promotional emails, newsletters, and event invitations. You may unsubscribe from marketing emails at any time by clicking the "unsubscribe" link in any email. Transactional emails related to your account and services are not subject to unsubscribe requests and will continue as long as you maintain an active account.
You agree not to use our services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services. You agree not to:
All content, materials, trademarks, service marks, logos, and intellectual property displayed on our website or provided through our services are the property of TouchPoint Pro and Trained Advisor LLC or their respective owners. You may not use, reproduce, distribute, modify, or create derivative works from any of our intellectual property without our prior written consent.
Certain services provided by TouchPoint Pro may require payment of fees. All fees are described in your service agreement or as otherwise communicated to you. You agree to pay all fees due in accordance with the payment terms specified. All payments are non-refundable unless otherwise stated in your service agreement or required by applicable law. We reserve the right to modify our fees at any time with reasonable notice to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOUCHPOINT PRO, TRAINED ADVISOR LLC, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless TouchPoint Pro, Trained Advisor LLC, and their officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to attorney's fees) arising from: your use of our services; your violation of these Terms; your violation of any third-party right, including any intellectual property, privacy, or proprietary right; or any claim that your use of our services caused damage to a third party.
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TOUCHPOINT PRO DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, OR TAX ADVICE. ANY INFORMATION PROVIDED THROUGH OUR SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Cook County, Illinois. The arbitrator's decision shall be final and binding.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.
These Terms, together with our Privacy Policy and any service agreements you have entered into with us, constitute the entire agreement between you and TouchPoint Pro regarding your use of our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
TouchPoint Pro shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, fuel, energy, labor, materials, or telecommunications or network failures.
We reserve the right to modify or replace these Terms at any time at our sole discretion. When we make material changes, we will revise the "Last Updated" date at the top of this page. Your continued use of our services after any changes constitutes your acceptance of the updated Terms.
If you have any questions about these Terms, please contact us at: