Welcome to the www.torchlight.care website. Please review these Site Terms of Service, which govern your use of the website (the "Site").
This Site is operated under the name torchlight.care ("torchlight", and also referred to in these Terms as "we", "us", "our", or similar terms) that is owned and operated by EnCompass Education Solutions, Inc. These Terms describe the conditions under which this Site is being made available to you, whether you are a visitor or a registered member or Provider (as defined below). These terms discuss important limitations and restrictions about the way you may use and rely upon this Site and any materials contained on this Site. Please read these Terms carefully. By continuing to access or use this Site, you agree to be bound by these Terms and to any additional terms, guidelines, policies, restrictions, or rules that may be posted in connection with specific sections or services of this Site (collectively, "Additional Rules").
If you do not accept these Terms and such Additional Rules, as applicable, you may not use this Site or such applicable section or service of this Site. torchlight reserves the right to make changes to this Site and to these Terms at any time without prior notice, and torchlight may charge a fee to use certain services provided on this Site. If any such changes are made to these Terms, they will be posted on this Site. Therefore, we encourage you to review these Terms and Additional Rules posted on this Site for potential changes when you return to the Site in the future.
If you have received access to the Site through your employer or other third party provider, your use of the Site is subject, in addition to these Terms, to the continuing effectiveness of the Master License Agreement between us and your employer or third-party provider (the "Master License") under which you are given the right to use the Product. Termination of the Master License may result in the discontinuance of your access to the Site. Please contact your employer or other third-party provider for information concerning restrictions on use that may be required under the Master License.
DESCRIPTION OF SERVICE
The Site is an aggregator website that, based on the results of our research and information submitted to us by our associated professionals, provides information about educational resources and professionals, child advocates, doctors and other medical and health care providers (collectively, "Providers"), and their facilities and services, in order to assist individuals in making informed decisions about educational and medical services associated with children with special educational and developmental needs. Although torchlight takes reasonable care to ensure that any information that it posts on the Site is correct and up to date when initially posted, torchlight cannot continually verify the accuracy of such information and makes no representation or warranty, either express or implied, as to the completeness, accuracy or suitability of any such information.
As described in more detail below in the Disclaimer section of these Terms, torchlight is NOT involved in the provision of any healthcare, medical or psychological advice or other medical treatment, therapy or procedures, and neither torchlight nor this Site provides any medical or psychological advice, opinion, procedure, test, diagnosis or treatment. In addition, we make no warranty concerning the capabilities, qualifications or licensure of any Provider recommended or referred by us. We recommend that you conduct your own research concerning any Provider’s qualifications, licensure and standing before commencing any treatment, therapy or procedure with such Provider. The Site may provide links to websites run by third parties (including certain of the Providers and third party advertisers) that may pay torchlight commissions based on sales of products, services, therapies or procedures generated through the Site, but as set forth in more detail in these Terms, does not warrant or endorse any such third parties or their products, services, therapies or procedures.
The contents of the Site, such as text, messages, data, images, graphics, photos, music, sound, videos, brochures, software, website addresses or any other information, and whether posted by torchlight or obtained from visitors, Providers or members of the Site, and other material contained on the Site (collectively, the "Material" or "Materials") are for general informational purposes only, and are not intended by torchlight to be used or relied upon as medical or psychological advice in any manner. The Material is not intended by torchlight to be a substitute for professional medical or psychological advice, and we encourage you to consult with your own local medical professional with respect to all of your medical or psychological issues before making a decision on treatment to be obtained. The services provided by each Provider are the sole responsibility of that Provider, and shall be provided in accordance with such Provider’s own terms and conditions, and torchlight assumes no responsibility or liability for any damages in connection with such services. For any medical emergency, you should immediately contact your nearest healthcare professional or your local emergency contact number and should not attempt to use the Site for purposes of dealing with any such medical emergency.
Intellectual Property Rights Generally
This Site, including the software, design, layout, and Materials comprising this Site, is owned or licensed by torchlight and are protected by law, including, but not limited to, United States and international intellectual property law, as well as other state, federal and international laws and regulations. We (or the parties providing certain Materials through the Site) retain all copyright and other proprietary rights contained in the original Materials or any copies of the Materials available through the Site. You may view and electronically copy the pages of this Site in the usual operation of your web browser in visiting this Site for your personal use (if you are a visitor or a registered members) or for your own internal business purposes (but only if you are a registered Provider, and then only to the extent permitted by your separate agreement with torchlight only, but for no other purpose. Any other use of the Material contained on this Site, such as copying, distributing, selling, modifying, transmitting, reusing, re-posting or publishing is strictly prohibited, without the copyright owner’s specific written permission. Unauthorized use of Materials from this Site will not only breach these Terms, but may violate copyright and other laws. You are solely responsible for any copyright violations or other violations of intellectual property law as a result of your use of the Site and the Materials.
The logos displayed on this Site are registered and unregistered trademarks of EnCompass Education Solutions, Inc, its grantees, and others. Use of any of torchlight’s logos displayed on the Site, or the Materials or any other content of torchlight on the Site, without our express prior written permission is strictly prohibited. Other names and logos contained in this Site or in the Materials are trademarks and service marks of our affiliates, the registered Providers or other third party entities, and may not be used without the permission of the trademark or service mark owner.
Information that You Put on Our Web Site.
All Public Materials and Non-Public Materials that you submit to the Site may or may not be maintained by us following the termination of your registration on the Site or the termination of the Master License (if applicable). We will use our commercially reasonable efforts to maintain any Public Materials or Non-Public Materials after such termination upon your request to email@example.com, but we cannot guarantee the retention of any such information.
USE OF SITE
User Account, Password and Security
If you open an account with torchlight, you will be required to select your own unique user name and password. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify torchlight of any unauthorized use of your password or account or any other breach of security related to the Site, and (2) ensure that you exit from your account at the end of each session. torchlight cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
User Registration Obligations
You represent and warrant that: (1) you are of sufficient legal age to use this Site and create legal binding obligations for any liability you may incur as a result of using this Site; (2) you are responsible (financially and otherwise) for all uses of this Site by you and those using this Site using your user name and password; (3) you are not a person barred from using the Site or the services offered on the Site under the laws of the United States of America or any other applicable jurisdiction; (4) the information you supply via the Site, including but not limited to any information that you provide as part of the registration process (the "Registration Data"), will be accurate and complete and will not be misleading, deceptive or likely to be mislead or deceive; and (5) you will maintain and promptly update the Registration Data to keep it accurate and complete. In addition to and notwithstanding the foregoing, you agree to prevent or supervise all usage of this Site by minors using this Site under your name or account. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials to be offensive, you may not want to use our Site. You also are encouraged to restrict your children's (or other minor’s) access to this Site accordingly, and torchlight assumes no responsibility or liability as a result of your failure to so restrict access to the Site.
You may not use the Service to:
- a. upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- b. harm minors in any way;
- c. impersonate any person or entity, including, but not limited to, a torchlight administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
- e. upload, post, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- f. upload, post, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- g. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- h. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- j. interfere with or disrupt the Site or servers or networks used to host or provide access to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- k. intentionally or unintentionally violate any applicable local, state, national or international law;
- l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- m. "stalk" or otherwise harass another; and/or
- n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.
torchlight may or may not pre-screen User Content, but torchlight shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any User Content. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content submitted to us. We may access, preserve, and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect our (or our users or the public's) rights, property, or personal safety.
The technical processing and transmission of the Site, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Site and software embodied within the Site may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the Materials provided on the Site, in whole or in part, is strictly prohibited.
Termination of Account
You agree that torchlight may, without prior notice, immediately terminate, limit your access to or suspend your account, any associated email address, and access to the Site. Cause for such termination, limitation of access or suspension shall include, but not be limited to: (1) violations of these Terms, any Additional Rules, or other incorporated agreements or guidelines, (2) requests by law enforcement or other government agencies, (3) discontinuance or material modification to the Site (or any part thereof), (4) unexpected technical or security issues or problems, (5) extended periods of inactivity, (6) engagement by you in fraudulent or illegal activities, and/or (7) nonpayment of any fees owed by you in connection with your use of the Site. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in torchlight’s sole discretion and that torchlight shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site.
LINKS TO OTHER SITES, DEALINGS WITH PROVIDERS AND ADVERTISERS
The Site may contain hypertext links to other websites or resources. Such links are provided for your convenience only and are not intended as (and are not) an endorsement by torchlight of the organizations operating such other websites. torchlightis not responsible for the content those sites contain or for their privacy practices. These other websites, including those of any of the Providers, are maintained by third parties over whom we exercise no control. We expressly disclaim any responsibility or liability, directly or indirectly, for the content, products, services or resources of such other websites or for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, services or resources. Your correspondence or business dealings with, or participation in promotions of, any Providers or advertisers found on or though the Site, including payment and delivery of or for related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Provider or advertiser. You agree that torchlight shall not be responsible for any loss or damage of any sort incurred as the result of such dealings or as the result of the listing of such Provider or the presence of such advertiser on this Site.
PRICES, BILLING AND TAXES
To the extent that you subscribe for any products, services or procedures for which a fee is due and payable to torchlight (noting that visiting users and registered members generally are not required to pay any fees to torchlight to use and access the Site), you hereby agree to pay all charges, recurring fees, applicable taxes and other charges incurred by you at the rates in effect for the billing period in which those charges are incurred. Any and all prices and rates provided on the Site and associated Materials for services or products provided by torchlight and/or the Providers are subject to change without notice. Special conditions may apply to the prices set out in the Materials and on the Site.
You should let us know about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. Additionally, if any charges are being collected by us on behalf of a supplier, then such supplier shall be an express third party beneficiary of this section.
All currency references are in U.S. dollars. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You, and not us, are responsible for any such taxes, levies, or duties related to your transactions, excluding only our United States federal or state income taxes.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO YOUR USE OF OR RELIANCE ON ANY MATERIALS OR YOUR USE OF ANY PRODUCT, SERVICE OR PROCEDURE OFFERED BY A PROVIDER LISTED ON THIS SITE, IS AT YOUR SOLE RISK. myEdGPS (1) MAKES THE SITE AND ALL MATERIALS CONTAINED THEREIN AVAILABLE ON AN "AS IS" AND "AS AVAILABLE BASIS" AND (B) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE SITE, ANY OF THE MATERIALS CONTAINED ON THE SITE, AND ANY PRODUCTS, SERVICES, THERAPIES OR PROCEDURES OFFERED BY ANY PROVIDER OR ADVERTISER LISTED ON THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TORCHLIGHT MAKES NO WARRANTY (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SITE WILL BE UNITERRUPTED, TIMELY, SECURE, OR ERROR FREE, AND (B) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE OR FROM ENGAGING ANY PROVIDER OR ADVERTISER LISTED ON THIS SITE TO PROVIDE ANY PRODUCTS OR TO PERFORM ANY SERVICES OR PROCEDURES. FURTHER, TORCHLIGHT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY MATERIALS CONTAINED ON THIS SITE, AND TORCHLIGHT ACKNOWLEDGES THAT SOME OF THE CONTENTS OR MATERIALS ON THIS SITE MAY BE AFFECTED BY CURRENT LEGISLATIVE, REGULATORY OR JUDICIAL DEVELOPMENTS WHICH ARE NOT REFLECTED HEREIN. IN ADDITION, THE MATERIALS CONTAINED ON THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS. MATERIALS PUBLISHED ON THIS SITE MAY REFER TO PRODUCTS, SERVICES AND PROCEDURES THAT ARE NOT AVAILABLE IN YOUR JURISDICTION. ACCORDINGLY, AND BASED UPON THE FOREGOING, YOU UNDERSTAND AND AGREE THAT IF YOU RELY UPON ANY MATERIALS CONTAINED ON THE SITE OR IF YOU RECEIVE ANY PRODUCTS, SERVICES, THERAPIES OR PROCEDURES THROUGH YOUR USE OF THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT, AS BETWEEN YOU AND TORCHLIGHT, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT YOU INCUR. AS DESCRIBED IN MORE DETAIL BELOW, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TORCHLIGHT NEITHER ASSUMES ANY RESPONSIBILITY NOR DO WE GRANT ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ANY PROCEDURE, OPERATION, SAFETY, CONDITION OR SERVICE OF ANY MEDICAL SERVICE PROVIDER OR MEDICAL TOURISM PROVIDER THAT IS USED BY, FOR OR ON BEHALF OF YOU. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE US FROM ALL LIABILITY, COST, DAMAGES, CLAIMS AND EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL LOSS OR DAMAGE WHETHER IN NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE SUPPLY OR FAILURE TO SUPPLY OR USE OR NON-USE OF ANY THIRD PARTY PRODUCTS OR SERVICES LISTED OR REFERENCED ON THIS SITE.
Disclaimer Regarding Medical Advice and Information.
IT IS OF UTMOST IMPORTANCE TO NOTE THAT WE ARE NOT MEDICAL PROFESSIONALS, AND WE DO NOT HOLD OURSELVES OUT TO BE MEDICAL PROFESSIONALS, AND THAT TORCHLIGHT IS NOT A PROVIDER OF, AND IS NOT LICENSED IN ANY JURISDICTION TO BE A PROVIDER OF, ANY HEALTHCARE SERVICES OR ANY OTHER HEALTH, MEDICAL OR PSYCHOLOGICAL RELATED ADVICE, DIAGNOSTICS, SERVICES OR PROCEDURES OF ANY TYPE OR KIND. TORCHLIGHT IS MERELY AN AGGREGATOR OF INFORMATION RELATED TO CHILDCARE SPECIALISTS, EDUCATION PROFESSIONALS, AND MEDICAL SERVICE PROVIDERS, AND THIS SITE PROVIDES INFORMATION THAT EITHER HAS BEEN GATHERED FROM THE PROVIDERS THEMSELVES OR FROM RESEARCH CONDUCTED BY TORCHLIGHT ON THE INTERNET OR OTHERWISE. THE INFORMATION PRESENTED ON THIS SITE IS INTENDED BY TORCHLIGHT TO BE USED ONLY FOR INFORMATIONAL PURPOSES AS A GENERAL GUIDE, AND IN NO INSTANCE SHOULD ANY INFORMATION FOUND ON THIS SITE BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE PROVIDED BY A LICENSED PROVIDER. TORCHLIGHT DOES NOT HAVE THE CAPABILITY TO SCREEN OR VALIDATE ANY MATERIALS POSTED BY THE PROVIDERS OR OTHER USERS OF THIS SITE, AND YOU ARE STRONGLY ENCOURAGED TO CONDUCT YOUR OWN INDEPENDENT RESEARCH, WITH THE ASSISTANCE OF AND IN CONSULTATION WITH YOUR OWN MEDICAL PROVIDER, ON ANY PROVIDER OR MEDICAL SERVICE OR PROCEDURE THAT IS LISTED ON THIS SITE. IF YOU DECIDE TO ENGAGE A PROVIDER TO PROVIDE SERVICES, PROCEDURES OR PRODUCTS TO YOU, YOU DO SO AT YOUR OWN RISK, AND TORCHLIGHT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES IN CONNECTION WITH SUCH SERVICES, PROCEDURES OR PRODUCTS. IN ADDITION, YOU SHOULD BE AWARE THAT WE DO NOT ENDORSE ANY PARTICULAR PROVIDER, AND THE RESULTS OF ANY SEARCH THAT YOU PERFORM ON THE SITE FOR PROVIDERS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OR COMPARATIVE RANKING BY TORCHLIGHT OF ANY SUCH PROVIDER.
LIMITATION ON LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL TORCHLIGHT OR ANY OF OUR AFFILIATES AND OUR AND THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM LOST DATA, BUSINESS INTERRUPTIONS, INCONVENIENCE, DELAY, LOSS OF USE, PHYSICAL OR PSYCHOLOGICAL INJURY, OR CLAIMS OF THIRD PARTIES) RELATED TO OR ARISING OUT OF USE OF, OR INABILITY TO USE, THE MATERIALS OR THE SITE OR ANY ARRANGEMENTS MADE OR PRODUCTS, SERVICES, THERAPIES OR PROCEDURES OBTAINED BY YOU BASED ON ANY INFORMATION RELATED TO OR OBTAINED FROM THE MATERIALS AND THE SITE, OR ANY ACT OR OMISSION OR STATEMENT BY ANY DOCTORS, HOSPITALS, OTHER PROVIDERS, OR ANY ACT, OR OMISSION OR STATEMENT BY TORCHLIGHT IN THE COURSE OF THEIR DUTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, ANY MATERIALS, OR ANY PRODUCTS, SERVICES, THERAPIES OR PROCEDURES OBTAINED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEMS. YOU SPECIFICALLY ACKNOWLEDGE THAT TORCHLIGHT SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT myEdGPS WOULD NOT PROVIDE, OR PERMIT YOU TO ACCESS, THE SITE ABSENT SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold torchlight and our affiliates, and our and their respective directors, officers, members, employees, agents, representatives, attorneys, successors and assigns, harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including reasonable attorneys' fees and litigation expenses, relating to or arising from your use or misuse of the Site or any of the Materials provided by us, or any products, services or procedures obtained from or through the Materials or the Site, or any arrangements you make on our Site or based on any information you obtained from or through the Materials or the Site, or any breach by you of these Terms, or any violation of any third party right, including without limitation any intellectual property, privacy or publicity right, by you or any user of your account. This indemnification obligation will survive these Terms and your use of the Site.
This Agreement shall be deemed to be made under, and in all respects shall be interpreted, construed and governed by and in accordance with the laws of the State of Massachusetts, USA, without regard to its choice of law principles, and all disputes arising out of or in connection with this Agreement, regardless of theory, shall be subject to jurisdiction of the Federal and State courts located in the State of Massachusetts.
You agree that any legal action or proceeding under or with respect to these Terms or your use of the Site or any Materials or other information you obtain on or thorough the Site may be brought only in the above mentioned courts. For the purpose of any such legal action or proceeding, you hereby submit to the jurisdiction of such courts. You hereby agree not to raise and waive any objection to or any defense based upon the venue of such courts and any objection or defense based upon an inconvenient form. You also agree not to bring any legal action or proceeding under or with respect to these Terms or your use of the Site or any Materials or other information you obtain on or through the Site outside the above courts of the State of Massachusetts unless, for some reason, the above referenced courts refuse or do not have jurisdiction in the matter. These Terms will not be governed in any manner by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
torchlight controls its Site from its offices within the State of Massachusetts in the United States of America, and the Site is hosted on servers located in the United States of America. The Site can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Site may differ, by accessing the Site both you and torchlight agree that the statutes and laws of the State of Massachusetts, without regard to choice of laws principles, will apply to all matters relating to use of the Site.
torchlight makes no representation that any of the Materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these Sites from other locations shall do so on their own initiative and are solely responsible for compliance with local laws. Notice and Procedures for Making Claims of Copyright Infringement Under the Digital Millennium Copyright Act torchlight respects the intellectual property of others, and we ask our users to do the same. torchlight may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers of the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide torchlight with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Such notification should be sent via email to firstname.lastname@example.org.
These Terms constitutes the entire agreement between you and torchlight and governs your use of the Site, superseding any prior version of these Terms. You also may be subject to additional terms and conditions that may apply when you subscribe to certain other services offered by torchlight (which services may relate to your use of the Site), affiliate services, or third party products, services or procedures. If any of these Terms is invalid or unenforceable, it will be struck out, and the remaining terms will remain in force. Headings are for reference purposes only. You agree that no agency, employment, partnership, or joint venture relationship exists between yourself and torchlight as a result of your usage of this Site. You must use this Site in a responsible and co-operative manner. If we do not act in relation to a breach by you or others of these Site Rules, this does not waive our right to act with respect to subsequent or similar breaches. No employee, agent or representative of the Company has the authority to modify, waive, or alter any provision of these terms and conditions. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by torchlight without restriction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions or concerns regarding these Terms, contact torchlight at email@example.com.