Terms of Use

Terms of Use (Effective 10/2022) 

Torch maintains www.torchtechnologies.com and other external websites (collectively, ‘the Site”). By using the Site, you agree that you have read, understand, and agree to these terms of use (“Terms of Use”), which incorporate our Privacy Statement. By accessing the Site, you (“User”) accept without limitation or qualification and agree to be bound by and abide by these Terms of Use. Torch may modifyand/or update these Terms of Use at any time without notice in its sole discretion. You can determine when these terms were last revised by referring to the “Effective Date” at the top of this page.  Your continued use of the Site following such posting means that you accept and agree to all changes to the Terms of Use. 

User Obligations 

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to: (i) post any content to the Site except with Torch’s prior written consent; (ii) use the Site in any manner that could disable, overburden, damage, or impair the Site, or interfere with any other use of the Site, including, but not limited to, any user’s ability to engage in real-time activities through the Site; (iii) use any automatic measure, method, tool, or other device, process to access the Site for any purpose, including to monitor or copy any of the material on the Site; (iv) use any manual process to monitor or copy any of the material on the Site, or to engage in any other unauthorized purpose without the express prior written consent of Torch; (v) otherwise use any device, software or routine that interferes with the intended purpose of the Site; or (vi) otherwise attempt to interfere with the proper working of the Site. You further understand and acknowledge that any unauthorized or illegal use of the Site may be in violation of state and federal law, and you will be subject to criminal and civil penalties as a result. 

Unless otherwise indicated, the Site and the material on the Site, including but not limited to all text, design or development code, graphics, button images, and "look and feel," are owned or licensed by Torch and are protected pursuant to U.S. and foreign copyright, trademark, and other laws. No intellectual property or other rights in or to the Site or its contents are deferred or in any way transferred to the user. The information provided on the Site is provided solely for informational purposes and does not create any business, contractual or employment relationship. Name, brand and all other services marks or trademarks used on the Site are the registered and/or unregistered service marks or trademarks of Torch or its licensors. The use of these or any other service marks or trademarks on the Site is prohibited without express written permission from us and/or the owner of any such service mark or trademark. 

Unless expressly permitted, you may not create a link to the Site. The Site may contain links to other Sites, including various social media Sites. Torch does not regularly review materials on sites linked to from the Site nor does it necessarily endorse the materials appearing on any sites linked to, from, or associated with the Site. Torch assumes no responsibility for the content or the policies and practices of such other Sites. We encourage you to be aware when you leave the Site and to read the privacy policies of any other site that you visit. 

NO WARRANTY, DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; and INDEMNITY 

THE MATERIAL ON THE SITE IS PROVIDED ’AS IS’ AND ‘AS AVAILABLE’ AND IS WITHOUT WARRANTY OF ANY KIND. TORCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND THE MATERIAL ON THE SITE. TORCH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT. TORCH MAKES NO REPRESENTATION THAT MATERIALS IN THE SITE ARE LEGALLY ACCESSIBLE FROM ANY PARTICULAR LOCATION AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. TORCH ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL TORCH BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF TORCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENTS OF THE SITE. CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. 

You will indemnify and hold Torch harmless from and against any and all claims, losses, and damages, including attorneys’ fees, that arise in connection with your use of the Site or your breach of these Terms of Use and/or the Privacy Statement. 

SECURITY 

Torch follows generally accepted businessstandards to protect the information collected on the Site. While Torch is committed to protecting your Personal Information from unauthorized access, use, or disclosure, we cannot fully eliminate all security risks. Torch maintains safeguards to protect Personal Information, but no Internet system can be 100% secure.Therefore, Torch cannot guarantee the absolute security of such information. 

CHOICE OF LAW 

These Terms of Use shall be governed by the laws of the State of Alabama without regard to its conflicts of law rules.