Your Duties. By using our Services, you agree that you will not use our Services in any unlawful manner or in any manner that could damage, disable, overburden, or impair TorchFi. TorchFi may investigate and take any available legal action in response to illegal or unauthorized use of the Services. In addition, by using our Services, you agree NOT to:
• Impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
• Harm any person or entity in any way through use of the Services;
• Intimidate, stalk or harass another;
• Use or attempt to use another’s account, service or system without authorization from TorchFi;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; or
• Attempt to circumvent or disrupt TorchFi’s provision of its Services or its operation in any way.
Use of Our Services. You may use our Services at your sole risk. We provide our Services on an “as is,” “as available,” and “with all faults” basis. By using our Services, you acknowledge and agree that Consumers and Merchants are not employed by TorchFi, its employees, officers, directors, or affiliates. By using our Services, you agree to pay all costs associated your use.
No Warranty. TorchFi makes no warranties or guarantees, either express or implied, regarding your ultimate experience with the Services, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose; as to the usefulness, quality, suitability, truth, accuracy, or completeness of the information provided through the Services; that the Services will be uninterrupted, timely, secure, or error-free or that the results that may be obtained from your use of the Services will be accurate or reliable; about the quality of any Services, Content, or information obtained through TorchFi’s Services; that the Services will meet your expectations or requirements; or that any errors in TorchFi’s Services will be corrected.
Assumption of Risk. You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from TorchFi’s Services, including any damages resulting from computer viruses.
Limitation of Liability. To the fullest extent permitted by law, TorchFi, its affiliates, and its partners are not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Services, even if we have been previously advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: the use of or the inability to use our Services; the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from our Services; statements or conduct of any other party related to our Services, including, without limitation, unauthorized access to or alteration of transmission or data, malicious or criminal behavior, false or fraudulent transactions, or conduct of any other Consumer or Merchant; or Content or information you may download, use, modify, or distribute. Wherever the law prohibits TorchFi’s absolute exemption from liability, TorchFi’s total aggregate liability, under or in relation to any warranty or condition implied by law, shall be limited to the aggregate sum total of fees paid to TorchFi by you in connection with your access to the Services, less any costs directly associated with your fees (such as processing costs).
Indemnity. You agree to indemnify and hold TorchFi and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or connection to the Services (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another.
Arbitration and Governing Law. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against TorchFi any class action, class arbitration, or other representative action or proceeding. By using the Services in any manner, you agree to arbitration, GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and TorchFi (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. Any proceeding to enforce this arbitration clause, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration clause is for any reason held to be unenforceable, any litigation against TorchFi may be commenced only in the federal or state courts located in Hillsborough County, Florida. User hereby irrevocably consents to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and TorchFi, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Term and Termination. This Agreement, as modified from time to time, will remain in full force and effect as long as you access our Services or maintain an account with TorchFi. You may terminate your account at any time, and TorchFi has the right to terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason at our sole and absolute discretion. If we are forced to terminate or suspend your account, you will not be entitled to any refunds. TorchFi may decline to disclose the reason for the termination or suspension.
Notice. You consent to have this Agreement and all notices provided to you in electronic form. TorchFi may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Services. Such notices may not be received if you violate this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner. You are advised to print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact TorchFi at anup@TorchFi.com.
Customer Service. TorchFi provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to otherwise behave inappropriately. If TorchFi feels that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
Entire Agreement; Miscellaneous. This Agreement contains the entire agreement between you and TorchFi regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect. The failure of TorchFi to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or Content related to your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind TorchFi in any manner.