Terms Of Use

Permission Based Digital Marketing

Permission Based Digital Marketing

By using Torchlite.com, you agree with the following conditions.

60 Day Money Back Guarantee

60-Day Money Back Guarantee

As a new user of Torchlite, we provide you a 60-Day Money Back Guarantee. The guarantee is to allow you to work with our expert(s), experience our commitment to you, and for you to evaluate the valuable marketing service we provide. Marketing is a process and generally does not provide immediate results, however marketing will produce an increase in customers and sales when applied regularly and consistently. Our 60-day money back guarantee requires you be responsive to our requests for access to your data, email contacts, or other relevant information as well as be responsive to approve, deny, or make suggestions to the offers and posts we prepare for you. We reserve the right to deny your request for return of your service fee within the first 60 days of your service commitment if you fail to act reasonably and responsibly to our requests. You must make your request for return of your service fee within the 60-day period by sending your request to customercare@Torchlite.com. When your service fee is returned, all data you provided us, as well as all the marketing information we prepared for you, including — but not limited to — the customized marketing plan will be destroyed within 45 days following return of your service fee. The 45 days waiting period is to give you time to reconsider your decision to terminate service with Torchlite. When using Torchlite, you understand and agree that email messages are subject to review at any time while a customer. Inappropriate, immoral, and other objectionable content is not tolerated (our view of inappropriate is subjective and final). If during the 60-Day Money Back Guarantee Period, you engage in inappropriate content creation, your account will be terminated and your service fee will not be returned.

Unsolicited Web-Based Messages

Unsolicited Web-Based Messages

Customers of Torchlite.com are the senders of emails and are required to comply with the terms and conditions set forth herein and in the EUSA (End User Services Agreement, below). Contact us at abuse@Torchlite.com including complete email in question.

Torchlite.com Customers Agree

Torchlite.com Customers Agree

Torchlite.com customers agrees that its email list has been obtained with the permission of the recipient. It is up to the customer to ensure opt-in has been knowingly authorized and authorization is knowingly continued by the customer. Your account may be terminated if abuse or unauthorized contact lists are found to have been used. Our decision is subjective and final.

 

Policy Enforcement

Policy Enforcement

We will enforce our anti-spam and anti opt-in policy by terminating an offender’s account. Offenders will be legally responsible for any actions taken by their customers which may be instigated against MyTorchlite.com and agree to indemnify and hold it harmless from all costs and expenses, including attorney fees, that may result from their action(s) while using MyTorchlite services.

Procedure for Handling Complaints

Procedure for Handling Complaints

We will investigate complaints before taking action against you. Included in our investigation, we will review the content of the message in question, review the recepient’s complaint, review your subscriber list, and view the records to see when the subscriber was subscribed and their IP address.

Mistaken Complaints

Mistaken Complaints

Mistakes happen, nevertheless, while we will investigate the complaint, we reserve the right to suspend your account until a final determination is completed.

Procedure for Handling Subpoenas

Procedure for Handling Subpoenas

We will only provide information about a Torchlite.com customer involved in a Civil Case when served by a subpoena enforcable under Indiana Law and provided you agree with Torchlite.com’s terms of compensation as follows:

  • We charge $125 per hour for research
  • We only respond to a legally sufficient subpoena or court order
  • We will testify in a disposition or in court only if paid additional fees
  • Overnite delivery changes must be prepaid
Contact Torchlite at:
ceo@torchlite.com, or by mail at 5230 N. Meridian Street, Indianapolis, IN 46208

Torchlite Privacy Policy

Torchlite Privacy Policy

This “Privacy Policy” is incorporated by reference in Torchlite’s End User Service Agreement (“EUSA”) and its Terms of Use, posted at www.Torchlite.com. The Privacy Policy applies to information that we collect and maintain about you when you visit www.Torchlite.com (“Site”) or from any other source when it has been obtained when provided by you.

Types of Data We Collect

Types of Data We Collect

  • Data you provide from your business or individual account.
  • Information about your customers is saved so we may use it when sending web-based messages on your behalf. The information is not used for our marketing.
  • Cookies, web beacons, and other automated devices to automatically collect information about visitors to our site and our customers (“Web Data”). We use web data we collect about customers or potential customers from our affiliates, from third parties (e.g., business partners), from our social media pages, during promotional events, or from users who submit their information to Torchlite in order to subscribe to our mailing lists or receive information about Torchlite products and services.

How We Use the Data We Collect

How We Use the Data We Collect

We may use the information we collect and maintain, including any personal data, for Marketing Our Services, Customer Communications, to improve communications, to restrict and enforce the sending of offensive, pornographic, abusive, or prohibited messages, (including spam), we are acquired by or merged with another company, if part or of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the personal information we have collected to the acquiring company or entity.

Legal Process: We may also disclose the information we collect in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.

Necessary to Protect Torchlite or Customers

How We Disclose the Data We Collect

How We Disclose the Data We Collect

We may disclose your information to:

Service Providers. Disclosure of your information to third-party vendors, service providers, contractors, or agents who perform functions on our behalf such as credit card processing, live chat, marketing analysis for our online advertising, customer relationship management services, and internal system monitoring and performance services.

Business Changes: We may disclose your information to appropriate authorities that are investigating a crime, potential crime, or violation of the law. These include police or agency investigations.

Cleansed Advertising and Marketing Information: We may share information with third parties for marketing, advertising, research, or similar purposes.

 

Stop Receiving Marketing Communications

Stop Receiving Marketing Communications

If you have requested information from us in the past, you may be receiving marketing information. To stop receiving such, either click on the unsubscribe link contained in the email or newsletter or immediately contact us at customercare@Torchlite.com. It may take up to 10 days for our system to respond to your request. If you believe you have received an email from one of our customers in error or in violation of our Anti-Spam Policy, please contact us immediately at abuse@Torchlite.com.

Public Forum Information

Public Forum Information

We publish publicly accessible blogs and newsletters. These sites are publically accessible and visitors may be able to access some of your information if you use these sites. To request removal of your personal information from our blog or community forum, contact us at customerservice@Torchlite.com. Customer testimonials posted on our website may contain personally identifiable information like the customer’s name and business. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. To request removal of your personal information from our testimonials, contact us at customercare@Torchlite.com.

We Secure the Personal Data We Collect

We Secure the Personal Data We Collect

Torchlite does not warrant or guarantee the security of the data that you provide to us, however we use commercially reasonable security measures to protect against the loss, misuse and alteration of the personal data that we collect or maintain. Customers are required to use a unique user name and password that must be entered when logging in to their account. The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We Use Cookies & Other Tracking Technologies

We Use Cookies & Other Tracking Technologies

We may use or engage others to use cookies, clear gifs, and Flash LSOs. In addition, we may combine the site data we collect with the other data we collect. We use automated devices and applications, such as Google Analytics, to evaluate usage of our site. We do not share your personal information with these third parties. We have no access or control over these types of analytics and tracking. Our privacy policy does not cover these analytics and tracking.

Retention of Customer Information

Retention of Customer Information

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at customercare@Torchlite.com. We will retain and use your information as necessary to comply with our legal obligations, support our business operations, resolve disputes, and enforce our agreements. We may keep your data for 45 days before destroying it. We will not return your data.

Submitting a Question or Complaint

Submitting a Question or Complaint

Contact us at Customercare@Torchlite.com

How Will We Notify You of Privacy Policy Changes?

How Will We Notify You of Privacy Policy Changes?

Policy changes will be sent to the email address specified in your account or by means of a notice on this site. Your continued use of our site and/or services constitutes consideration and your acceptance to any such changes.

Contact Us Customercare@Torchlite.com

End User Services Agreement

End User Services Agreement

PLEASE REVIEW THIS END USER SERVICES AGREEMENT (THIS “AGREEMENT“) AS IT is A LEGAL AGREEMENT BETWEEN YOU ( “CUSTOMER“) AND TORCHLITE (“TORCHLITE” OR “WE“) WITH RESPECT TO YOUR USE OF TORCHLITE’S ON DEMAND SOFTWARE AND SERVICES AND APPLICATIONS (THE “SERVICES“). BY USING THE SERVICES, YOU AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO USE THE SERVICES.

  1. Services. The Services assist customers to distribute electronically customer-created and approved, (Torchlite may assist the customer) content to customers’ lists of subscribers, each of whom must have consented previously to the receipt of such content (“Recipients“). While Customer retains Torchlite to assist with the formatting, content, and transmittal to its Recipients, Customer acknowledges that Torchlite only sends Customer content to Recipients on Customer’s behalf. The Services comprise primarily of a web-based technology platform through which such content is delivered once Customer sends such content. Among other things, Torchlite provides customer support and formatting assistance for the electronic content Customer desires to distribute. In all cases, Torchlite simply acts as agent for Customer with its authorization. Customer agrees that the Services are used only for Customer’s business purposes. If Customer does not intend to use the Services for business purposes, Customer must contact us at customercare@torchlite.com
  2. Site and Policies. During the Term (as defined below) and subject to the terms and conditions set forth herein and in any guidelines, rules or operating policies that Torchlite may establish and post from time to time on Torchlite.com (the “Site“), including, without limitation, Torchlite’s anti-spam policy, privacy policy and prohibited content and commerce statement, each of which is incorporated herein by reference (collectively, the “Policies“). Torchlite agrees to use commercially reasonable efforts to provide Customer with the Services. From time to time, Torchlite may modify the terms and conditions set forth in this Agreement and/or in the Policies. All such changes shall become effective once posted on the Site, and Customer’s use of the Services thereafter shall be subject thereto. In the event of any conflict between any term or condition set forth in this Agreement and in a Policy, the former shall govern. Customer agrees that its purchase of the Services is neither contingent upon the delivery of any future functionality or features, nor is it dependent upon any oral or written comments made by Torchlite with respect to future functionality or features.
  3. Professional Services. In addition to the Services, Customer may purchase premium CUSTOM services by making its selection therefor in accordance with the instructions posted at Torchlite.com (the “Essential or Premium Services“), which Professional Services may be customized pursuant to a mutually agreed upon written statement of work provided to Customer upon the earlier of its request or its selection of desired Professional Services (each, a “Statement of Work“). The Professional Services are provided by Torchlite separate and distinct from the Services and are not required for Customer’s use or enjoyment of the Services. In the event of any conflict between any term or condition set forth in this Agreement and in a Statement of Work, the terms and conditions of this Agreement shall govern, unless the parties expressly agree otherwise in such Statement of Work. Any Statement of Work may be modified or amended only with the written consent of each of Torchlite and Customer.
  4. Purchase. Pricing for the Services is based upon the subscriber level Customer chooses to purchase as indicated on the landing page through which Customer subscribes to use the Service or in a negotiated sales order, (Custom Service Level). The Sales Order records Customer’s subscriber level, term, subscription fee, payment method, and other account information. The total number of emails per month that may be sent by Customer is unlimited, nevertheless Torchlite reserves the right to change from unlimited emails per customer to what it considers a reasonable limit, and/or to charge for emails beyond what it considers reasonable and normally sent by its customers. Torchlite reserves the right to be completely subjective in this determination.
  5. Fees and Payment. In consideration for the Services to be provided by Torchlite, Customer agrees to pay the monthly subscription fees set forth in the Sales Order (the “Subscription Fees“). Paid Subscription Fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Customer’s payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked. In consideration for the Professional Services to be provided by Torchlite, if any, Customer agrees to pay the fees posted at www.Torchlite.com set forth in the Statement of Work or as otherwise provided to Customer by Torchlite, (the “Professional Fees,” together with the Subscription Fees, the “Fees“). All Fees are exclusive of taxes, levies, or duties imposed by taxing authorities. Unless collected and remitted by Torchlite, Customer is responsible for payment of all taxes due to a governmental authority, if any, except for taxes imposed on Torchlite’s net income. Customer shall provide to Torchlite any certificate of exemption or similar document required to exempt any transaction under this Agreement from sales tax or other tax liability. Payments for Fees and reimbursements for expenses, if any, will be billed monthly and will be due immediately upon receipt of invoice; or may be pre-paid in advance; or otherwise may be paid pursuant to the terms set forth in the Sales Order. If Customer is paying for the Services with a credit card, Customer hereby authorizes Torchlite to charge such credit card for Fees on a regular basis until such time as Customer’s account is terminated. If Customer is paying for the Services by credit card and such credit card is declined, Torchlite will send Customer notice thereof to Customer’s email address on record. If Customer misses a payment, Torchlite may notify Customer by phone or mail, but has no obligation to do so. Any payment due and not received by Torchlite by the due date may be subject, at Torchlite’s sole discretion, to a late fee equal to 1.5% (or the maximum rate permitted by law) of the amount then due, for each month overdue until paid in full. In the event Customer fails to make timely payments when due, Torchlite may, at its election, discontinue, terminate or suspend the Services, without incurring any liability to Customer. Despite any such discontinuation or suspension, Customer acknowledges and agrees that it will be required to pay the Fees until this Agreement is terminated in accordance with the termination provisions set forth herein. For amounts outstanding after ninety (90) days from its receipt of the invoice therefor, Customer shall be responsible for and agrees to pay reasonable costs and expenses of collection, including, but not limited to, court and attorneys’ fees and expenses. From time to time, and at any time, Torchlite may require reasonable credit guarantees before continuing its provision of the Services or the Professional Services hereunder Customer’s Recipient Data. In offering the Services, we may collect personal information about Recipients. Torchlite will not own any data, information, or material that Customer submits to Torchlite in connection with the Services (“Customer Recipient Data“). Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Recipient Data, and Customer is responsible for maintaining, securing, and storing all Customer Recipient Data in accordance with applicable law. Upon any termination or expiration of this Agreement and Customer’s payment of all unpaid and outstanding Fees, and within 45 days, Torchlite will destroy Customer’s data so supplied to Torchlite.com. Torchlite has no obligation to retain the Customer Recipient Data, or return it to customer, and may delete and destroy such Customer Recipient Data without providing Customer with notice of such deletion.
  6. Customer Information. Torchlite collects certain personal and business-related information about its Customers which generally includes, but is not limited to, contact information and payment information (the “Customer Information“). Torchlite collects such information in order to provide the Services or the Professional Services, as the case may be, and related technical support. If you have provided your Customer Information, Torchlite may contact you for marketing purposes by various means, including, but not limited to, regular mail, email, or telephone. When you activate a Torchlite account (including during the Trial Period), you expressly consent to receive marketing communications via direct mail, email (at the email address you provided when you activated your account), telephone (at the number you provided when you activated your account), pre-recorded messages (at the number you provided when you activated your account), text messages (if you provided a wireless telephone number), instant messages, or other communications methods.
  7. Data Disclosures. Except as otherwise set forth herein, Torchlite does not disclose, sell, or rent Customer Recipient Data or Customer Information (collectively, the “Data”) without Customer’s prior consent or unless required by order or other requirement of a court, administrative agency, or other governmental body or applicable law. Customer expressly permits Torchlite to disclose the Data to: (i) Torchlite personnel who access and manage the Data in connection with the Services; (ii) Service providers for purposes of providing functions or services related to the Services and Torchlite’s customers’ accounts; and (iii) Torchlite marketing partners through which Customer purchased the Services, if any. Except as otherwise set forth herein, Torchlite will not provide any Data to any third party without Customer’s authorization and will use commercially reasonable efforts to prohibit any third party that receives any such Data from selling or redistributing such Data without Customer’s authorization.
  8. Passwords. In connection with Torchlite’s provision of the Services, Torchlite will send to Customer’s email address (as designated by Customer at the time an account is established), information such as user IDs and/or passwords which will enable Customer to access the Services (the “Passwords“). Customer agrees to maintain the Passwords in strict confidence and not to provide the Passwords to any third party. Customer will notify Torchlite promptly if there is a loss or compromise of any Passwords, and Customer will be solely responsible for all actions and fees incurred as a result of such incident resulting from the Customer’s negligence or intentional misconduct. Any unauthorized use of the Passwords by Customer will constitute a material breach of this Agreement.
  9. Proprietary Rights. This is an agreement for services and Customer is not granted any license hereunder. All software embedded in the Services, the Professional Services, and in any applications developed, owned or controlled by Torchlite (as applicable) (the “Software“), and the Services, are and shall remain the sole and exclusive property of Torchlite. Accordingly, Customer acknowledges that, as between Torchlite and Customer, Torchlite owns all right, title, and interest in and to the Software and the Services, including, without limitation, all United States and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto. Except as expressly granted in this Agreement, Customer will not have or acquire any rights or interest in or to the Software or the Services. Customer acknowledges that the Software contains proprietary information and trade secrets of Torchlite. Customer will not take any actions inconsistent with Torchlite’s ownership of each of Torchlite’s rights in and to the Software. Customer agrees that Customer will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by this Agreement; (ii) modify, translate, reverse engineer, decompile, or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products; (iii) upload, link to, or post any portion of the Software on a bulletin board, intranet, extranet, or web site; (iv) use or distribute the Software in violation of any applicable laws, regulations or export restrictions; or (v) possess or use the Software in any format other than machine-readable format. All rights in the Software not explicitly granted herein, are reserved by Torchlite.
  10. Use of Services. Customer acknowledges and agrees that it will use the Services (and the Professional Services as the case may be) only to access, employ, utilize, or display the Software solely for Customer’s “internal business purposes” by Customer’s employees or by independent contractors hired by Customer. For the avoidance of doubt, the term “internal business purposes,” as used herein, does not include, among other things, the right to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send messages to any purchased (email) lists, purchased distribution lists, purchased newsgroups, or purchased email addresses; (iv) send or store material containing malicious code, including, without limitation, software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; or (v) use the Services (and the Professional Services as the case may be) in any other manner which violates any Policy or any applicable law. Customer agrees to report immediately to Torchlite and to use best efforts to stop immediately any violation of the terms and conditions set forth in this Section 11 or in any of the Policies. In the event of any suspected violation of any term, condition, or restriction set forth in this Section 11 or in any Policy, or in the event Torchlite otherwise reasonably objects to any inappropriate or improper content uploaded by Customer in connection with its use of the Service, Torchlite may immediately disable Customer’s access to the Services and suspend its provision thereof.
  11. No Tampering. Each email message that is sent using the Services must contain an “unsubscribe” link that allows Recipients to remove themselves from Customer’s mailing list and a link to Torchlite’s Policies. Customer agrees that it will not remove, disable, modify, or attempt to remove, disable, or modify either link. Further, each such email message may contain an automatic identifying footer such as “Powered by Torchlite.” Except as otherwise expressly permitted in writing by Torchlite, Customer agrees that it will not remove, disable, or modify or attempt to remove, disable, or modify such footer.
  12. Confidential Information. Each of Torchlite and Customer, as a Receiving Party (as defined below), will hold confidential, not use except as otherwise authorized herein, and protect from disclosure to unauthorized third parties the Confidential Information (as defined below) of the Disclosing Party (as defined below). For purposes hereof, “Confidential Information” means any information disclosed by one party (the “Disclosing Party“) to the other party (the “Receiving Party“) that relates to such Disclosing Party’s business affairs, internal operations, personnel, subscribers, customers, financial matters, technology, research and development, product plans or offerings, markets, or know-how. Confidential Information will not include information that: (i) was publicly available, or that subsequently becomes publicly available, except by wrongful disclosure hereunder by the Receiving Party; (ii) was in the Receiving Party’s possession prior to receipt of the same hereunder, as evidenced by the Receiving Party’s prior written records; (iii) was received from a third party who was not known by the Receiving Party to be under any obligation of confidentiality with respect to such information or to have violated any applicable law; (iv) can be proven by competent written evidence to have been independently developed by the Receiving Party; (v) is approved in writing for release by the Disclosing Party, or is provided by Disclosing Party for the purpose of marketing the Disclosing Party’s business. For purposes hereof, Customer Recipient Data and Customer Information are considered Customer’s Confidential Information. Nothing set forth herein shall be construed to prohibit Torchlite from disclosing Customer’s Confidential Information to any third party that has a need to know such information in connection with its performance of the Services. From time to time, Torchlite may be required to disclose Customer’s Confidential Information by order or other requirement of a court, administrative agency, or other governmental body or applicable law, as determined by Torchlite or its legal counsel. In such event, Customer hereby permits Torchlite to disclose such information to the extent necessary to comply with such order or legal requirement, which disclosure shall not be construed as a breach of this Section.
  13. Representations, Warranties, and Covenants. Customer represents, warrants, and covenants to Torchlite that: (i) if an individual Customer is at least eighteen (18) years old; (ii) if an entity, it is a company duly organized and validly existing in good standing under the laws of the state in which it was organized; (iii) it has full power and authority to enter into this Agreement, which constitutes a legal, valid, and binding obligation enforceable against it in accordance with the terms hereof; (iv) all information provided by it in the Sales Order and that will be provided it during the term of this Agreement, is and will be truthful and accurate; (v) its use of the Customer Recipient Data, the Services and the Professional Services, including, without limitation, its right to email Recipients, is and will at all times be in accordance with the terms and conditions set forth in this Agreement, the Policies and all applicable laws, rules, and regulations, and without infringement or misappropriation of any intellectual property right or other right of a third party; (vi) it is not directly or indirectly (as an owner, strategic partner, or otherwise) engaged in any business relationship or activity that competes with the Services; and (vii) neither Customer nor any of its officers, directors, or personnel is located in a United States embargoed country, or is, or has been, named on the United States Treasury Department’s listing of specially designated nationals and blocked persons or is, or has been, otherwise blacklisted by any instrumentality of the United States.
  14. Third Party Products and Services. From time to time, certain third parties may offer products and services related to the Services (and the Professional Services, as applicable). Any subsequent business relationship, exchange of data or other interaction between Customer and such a third party, and/or any purchase, download or use by Customer of any product or service offered by such third party, is solely between Customer and such third party. Regardless of any recommendation by Torchlite or use of such third party products or services, Torchlite does not make any representations, warranties or guarantees with respect to any such third parties or any of their products or services. While Torchlite may rely on data or information provided or generated by such third party products and services in the course of providing the Services (and the Professional Services, as applicable), Customer hereby acknowledges that Torchlite specifically does not warrant the accuracy, reliability, or completeness of any such data and information; and agrees that Torchlite shall not be liable for any acts or omissions based on its reliance thereon. Accordingly, Customer hereby releases and holds harmless Torchlite from and against any and all claims, losses, liability, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees) and/or actions arising therefrom.
  15. Open Source Software. Customer acknowledges and understands that certain open source code may be incorporated into the Service (the “Source Code“). Except as otherwise set forth in the applicable Source Code license therefore, the Source Code is provided “as is” and without representation or warranty of any kind. Customer hereby releases and holds harmless Torchlite from and against any and all claims, losses, liability, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees), and/or actions arising therefrom.
  16. Disclaimer of Warranties. THE SERVICES (AND THE PROFESSIONAL SERVICES, AS APPLICABLE) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TORCHLITE AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AGENTS, DEALERS, AND SUPPLIERS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES OR THE PROFESSIONAL SERVICES. THE REPRESENTATIVES DO NOT WARRANT THAT THE SERVICES OR THE PROFESSIONAL SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES OR THE PROFESSIONAL SERVICES.
  17. Limitation of Liability. IN NO EVENT WILL TORCHLITE OR ANY REPRESENTATIVE BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES (OR THE PROFESSIONAL SERVICES, IF APPLICABLE), OR TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS, EVEN IF TORCHLITE OR ITS REPRESENTATIVE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, IN NO EVENT WILL TORCHLITE OR ANY REPRESENTATIVE’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR CLAIMS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT, THE SERVICES, OR THE PROFESSIONAL SERVICES, EXCEED THE ACTUAL FEES CUSTOMER PAID TO TORCHLITE FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD ENDING ON THE DATE OF THE CAUSE OF ACTION GIVING RISE TO THE CLAIM, LOSS, OR DAMAGE. No claim may be asserted by Customer against Torchlite more than twelve (12) months after the date of the cause of action underlying such claim. In the event of any failure, or Torchlite’s non-provision, of the Services (or the Professional Services as the case may be), Customer’s sole and exclusive remedy shall be for Torchlite to use commercially reasonable efforts to repair or provide the Services (or the Professional Services as the case may be).
  18. Indemnification. Customer agrees to indemnify, defend, and hold harmless Torchlite, the Representatives, and its and their respective affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors, and assigns from and against any and all claims, losses, liabilities, sums of money, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees) and/or actions arising from: (i) Customer’s acts or omissions; (ii) Customer’s violation of any applicable law, including, without limitation, the United States CAN SPAM Act and Canada’s Fighting Internet and Wireless Spam Act, or the Policies; (iii) Customer’s breach of any term or condition set forth in this Agreement (including in the Policies); (iv) Customer’s breach of any of its representations or warranties set forth herein; and/or (v) Customer’s infringement or misappropriation of any intellectual property rights or other rights of any person or entity.
  19. Term and Termination. The Sales Order determines the initial term (the “Initial Term“) of your Agreement. Upon expiration of the Initial Term, this Agreement will automatically renew for successive terms equal to the same period of time as the Initial Term (each, a “Successive Term,” together with the Initial Term, the “Term“), and you will continue to be billed for the Fees until this Agreement is terminated in accordance with the terms and conditions set forth herein. At any time during the Term, either Customer or Torchlite may terminate this Agreement for any reason. If Customer desires to terminate this Agreement, Customer may request a termination by calling Torchlite at 812-567-6550, Monday through Friday, between the hours of 8:00 a.m. (EST) and 8:00 p.m. (EST) (a “Valid Termination Notice“). Customer acknowledges that allowing a credit card to expire or failing to submit payment by check does not constitute a Valid Termination Notice. Any Customer termination request that occurs in the middle of a payment term (whether monthly, quarterly or annually, as set forth in the Sales Order) will be made effective on the final day of such term. If Customer wishes to terminate only the Professional Services, it should contact its account manager prior to such services being performed. Torchlite may terminate this Agreement immediately effective upon delivery to Customer of notice thereof. Such right to terminate this Agreement shall include Torchlite’s right to terminate its provision of the Services and/or the Professional Services (as applicable) and to pursue all available equitable and legal remedies (in the event Customer breaches any term or condition, or any of its representations or warranties set forth herein). Upon termination of this Agreement for any reason, all Customer Recipient Data may be destroyed and deleted in accordance with the terms and conditions set forth in Section 8 above. Notwithstanding any termination or expiration of this Agreement, Customer will remain obligated to pay Torchlite Fees which were incurred prior to (and on) the effective date of such termination or expiration, as the case may be.
  20. Governing Law. This Agreement will be governed by the laws of the State of Indiana as applied to agreements entered into and performed entirely within the State of Indiana, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
  21. Arbitration. Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in Indianapolis, Indiana. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, Torchlite shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of Indiana, to which jurisdiction, for such purpose, Customer hereby irrevocably consents.
  22. Relationship. This Agreement does not create a partnership, joint venture, or agency relationship between Torchlite and Customer. Customer does not have any right, power, or authority to act as a legal representative of Torchlite.
  23. Assignment. Customer may not transfer, assign, sublicense, or delegate any right or duty under this Agreement to another entity or person without the express written consent of Torchlite. Any such transfer, assignment, sublicense, or delegation without consent will be null and void.
  24. Severability. In the event that a court of competent jurisdiction determines that any portion of this Agreement is illegal, invalid, or unenforceable, such portion will not affect or impair the legality, validity, or enforceability of any other provisions of this Agreement.
  25. Survival. The provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement will survive the completion of performance and termination of this Agreement.
  26. Entire Agreement. This Agreement, the Policies and the Statement of Work(s), if any, constitute the entire agreement and understanding between Torchlite and Customer and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between Torchlite and Customer, except for any prior agreement addressing confidentiality, which will continue in effect according to its terms following the execution, performance, and termination of this Agreement. At any time prior to, or during, its use of the Services, Customer may enter into certain other agreements with Torchlite which are subject, expressly or otherwise, to the terms and conditions set forth in this Agreement. In the event of any conflict between a term or condition set forth therein and herein, the term or condition which most favors Torchlite, as determined by Torchlite, shall govern.
  27. No Waivers. Torchlite’s failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default.
  28. Notice. Torchlite may provide Customer with general notice by electronic mail to Customer’s email address of record, or by written communication sent by first class mail or pre-paid post to Customer’s address of record, or to such other address designated by Customer and communicated to Torchlite in accordance with the notice delivery provisions of this Section 27. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing if sent by first class mail or pre-paid post, or twelve (12) hours after sending if sent by electronic mail. Except as otherwise provided herein, Customer must give notice to Torchlite (such notice shall be deemed given when received by Torchlite) by using one of the following means: (i) letter delivered by a nationally recognized overnight delivery service; or (ii) by first class postage, return receipt requested, prepaid mail to Torchlite; in either event, to the following address: Torchlite, Attn: Support Department;5230 N. Meridian Street, Indianapolis, IN 46208. Notwithstanding the foregoing, Customer must adhere to the terms and conditions set forth in Section 18 above to provide Torchlite with notice of its intention to terminate this Agreement. Either Customer or Torchlite may designate a different mailing address for notice delivery by providing the other party with such different address in accordance with the notice delivery provisions of this Section 27.
  29. Consent to Use of Electronic Signatures and Records. As a convenience and courtesy to you, Torchlite provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking “I Agree” or “I Accept” anywhere on the Site or by otherwise agreeing to the terms and conditions set forth in any agreement posted on the Site:
  • You agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement;
  • You have read and understand the electronic copy of electronic contracts, notices, and records, including, without limitation, this Agreement, the Policies and any amendments hereto or thereto;
  • You agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter;
  • you are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and
  • You agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this Agreement.

If you wish to withdraw this consent, please contact us at customercare@Torchlite.com in which case Torchlite shall have the right to terminate your use of the Services.

  1. Export Restrictions. Customer acknowledges that the Services may be subject to U.S. or other countries’ export control laws and regulations. Customer agrees not to export, or transfer for the purpose of re-export, the Services (including technical data) in violation of any U.S. or other applicable export control laws and regulations.
  2. Miscellaneous. Except as otherwise expressly set forth herein, this Agreement may be amended or modified only by Torchlite and may not be modified by course of conduct. The section headings used herein are for convenience only and will not be given any legal meaning. This Agreement is made for the benefit of the parties only and there are no intended third party beneficiaries.

Prohibited Content and Commerce Statement

Prohibited Content and Commerce Statement

This prohibited content and commerce statement is incorporated by reference in Torchlite.com (“Torchlite”) end user services agreement posted at www.Torchlite.com (“EUSA”). Torchlite expressly prohibits the use of Torchlite’s website, software, or services by any party that engages in or posts on its website content that relates to the provision, distribution, display, performance, solicitation, disclosure, and/or sale or rent of (as applicable) any of the following (“Prohibited Content”):

THIS PROHIBITION SHALL BE STRICTLY ENFORCED.

Pornography, adult entertainment, nudity, prostitution, or escort services; online gambling; federally regulated or otherwise illegal drugs or narcotics or paraphernalia associated therewith; illegal or unlawful goods or services; act(s) of violence or commission(s) of crimes or illegal activities; products or services from an embargoed or blacklisted country, individual, or entity; stolen goods; libelous, defamatory, scandalous, threatening, or harassing acts; pirated computer programs; counterfeit or fraudulent products; instructions on how to assemble or otherwise make any weapon including bombs, grenades, or firearms, call to Jihad or other call to violence, riot, or rebellion;

  1. mailing lists, distribution lists, newsgroups, or spam email addresses;
  2. content or material that exploits or is harmful to children under 18 years of age;
  3. any personally identifying information or private information;
  4. content that is: unlawful; grossly offensive, including expressions of bigotry, discrimination, prejudice, racism, hatred, or excessive profanity; or obscene, lewd, lascivious, filthy, malicious, libelous, defamatory, excessively violent, defamatory, threatening, harassing, or otherwise morally objectionable;
  5. viruses, worms, harmful, or malicious code and/or Trojan horses;
  6. pyramid schemes, multi-level channel, and/or network marketing opportunities, including, but not limited to personal work-at-home offers promoting “get rich quick,” “build your wealth,” and “financial independence” offerings;
  7. promotion, offering, or proliferation of access to payday loans, payday advances, or short-term unsecured loans;
  8. any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or which provides instruction, information, or assistance in causing or carrying out such violence; and
  9. content that violates or misappropriates any third party intellectual property, moral, or privacy right.

This document may change from time to time. Please contact the Torchlite team at customerservice@Torchlite.com with any questions about whether you or your company can use MyTorchlite’s website, software, or services.

Miscellaneous

Miscellaneous

Customer may terminate its agreement at any time. Prepayment of fees will not be refunded after the 60-Day Money Back Guarantee term. Contact customerservice@Torchlite.com.

 

Credit Card Expired or Declined

Credit Card Expired or Declined

If you fail to pay your account 30 days in advance of use, your account will be suspended until payment is received. If your credit card has been declined or expired, we will contact you to make corrections. Failure to correct or make satisfactory arrangements to pay will result in your account being terminated. Payment in advance is a requirement of using Torchlite.com.

No Right to Retrieve Account Data after Account has been Terminated

No Right to Retrieve Account Data after Account has been Terminated

Upon any termination of your account, and your payment of all unpaid and outstanding fees and your written request received by Torchlite, Torchlite will delete its electronic file of the Customer Recipient Data. You acknowledge that after receipt of your written termination notice, Torchlite has no obligation to retain the Customer Recipient Data and may delete and destroy such Customer Recipient Data without providing you with notice of such deletion. Your data or information prepared by Torchlite will not be returned to you.

Copyright Infringement Claims

Copyright Infringement Claims

Our contact information for notice of claims of copyright infringement relating to our site is:

Torchlite
Attn: Legal Department
5230 N. Meridian Street
Indianapolis, IN 46208