Torrch Terms of Service
Last Updated: January 5th, 2023
You must be at least eighteen (18) years or older to participate in our Services and to use the Site and Software. If you are not eighteen years or older, you may not use the Site, our Services, or the Software.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE OUR SITE, SOFTWARE, OR OUR SERVICES AND MUST DELETE ANY ACCOUNT YOU HAVE CREATED.
- Your Access to the Site, Software, and Services
1.1. License. Subject to the Agreement, Torrch grants you a temporary, limited, non-exclusive, revocable, non-transferable, and non-sublicenseable license to use the Site, Services, and Software. By agreeing to grant such access, Torrch does not obligate itself to maintain the Site, Services, or Software, in their present or any future form. Torrch may upgrade, modify, or change the foregoing at any time in Torrch’s sole discretion. For example, Torrch may choose to add functionality for management of volunteer events, employment searches, and other capabilities, or alternatively remove capabilities in Torrch’s sole discretion.
1.2. Your Obligations. You agree to abide by the rules Torrch publishes with respect to your use of the Services, Site, and Software, and any other current or future rules and regulations communicated to you either by posting such rules or regulations to the Site or delivered to you by e-mail. Any such rules or regulations are incorporated into this Agreement. Torrch reserves the right to deny you access to the Services, Site, and Software if, in Torrch’s sole discretion, you have failed to abide by this Agreement. You also agree to follow all laws, rules, and regulations whether local, state, federal, or otherwise.
1.3. Compatibility; Equipment. You are solely responsible for providing, maintaining, and ensuring compatibility with the Site and Software including all hardware, software, electrical, and other physical requirements for your use of the Services, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs and similar services.
1.4. Authorization and Ownership. You represent and warrant that any information, data, documents, profile photographs or other images or videos, or any other content (“User Content”) that you upload, post, share, send, or otherwise provide in connection with the Services, Site, or Software is either owned by you, or that you have the legal right to upload or provide such User Content. You further grant Torrch a limited, royalty-free, transferrable, sub-licensable, non-exclusive, worldwide license to host, copy, use, modify, publicly perform or display, create derivative works from, and distribute such User Content as part of Torrch’s Services. You agree to indemnify, hold harmless, and defend Torrch and its affiliates from and against any action, cause, claim, damage, demand, liability, or loss, including reasonable costs and attorneys’ fees, asserted by any person, arising out of, or relating to a claim that your upload or provision of User Content infringes or violates the rights of any third-party.
1.5. Accurate Information. You represent and warrant that all information and documents provided by you are accurate, truthful, and authentic. You agree not to falsely impersonate any third-party through your member profile, communications, or any other use of the Site or Software. You agree that any comments, opinions, reviews, statements, recommendations, or other representations you make or post are truthful and, for any such representations made regarding any third party (such as a business or service provider), that such representations are based on first-hand knowledge and are relevant to the quality of the goods or services provided by such third party.
1.6. Suspension. Torrch may suspend your access to the Services at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Services, if you have failed to comply with any of the terms of this Agreement, or if any information or documents provided by you are false, misleading, or deceptive.
1.7. Deleting Your Account. You may delete your account at any time by sending a request to cancel and delete your account to firstname.lastname@example.org.
- Membership Accounts
2.1. Availability. Creation of a membership account and profile may be required to take full access of the opportunities and capabilities offered through the Site and Software. Membership is not available to any individual under the age of eighteen (18) years. Torrch may offer different types of memberships with different functionality, including to individuals or organizations.
2.2 Paid Memberships. If you choose to purchase a paid membership, you hereby agree to the following additional terms.
- Fees. You agree to pay all applicable fees including, without exclusion, the subscription fees as set forth in the fee schedule available at https://torchable.com/pricing/ and any other fees, charges, or costs that you agree to purchase as part of the Services (“Fees”). Customer agrees to pay for all charges and usage fees incurred prior to termination or cancellation of the Agreement. Refunds will not be issued unless required by law. This payment obligation shall survive termination or cancellation of this Agreement for any reason whatsoever.
- Payment and Automatic Payment. Your payment information may be processed and stored through a third-party payment processor. All paid account holders must maintain at least one valid payment method for payment of Fees, which are described in more detail at available at https://torchable.com/pricing/. All Fees are calculated and billed to you on a monthly basis and are due immediately upon receipt. Fees shall be charged or debited from the saved payment information each on the monthly anniversary of the initial purchase date, or the last day of the month in the case the anniversary date does not exist. (e.g., if the initial purchase was made on January 31, the February monthly payment would be processed on February 28).
2.3. Information Sharing. By creating an account, you authorize Torrch to share certain aspects of your member profile and other information with other members as well as other third-parties to provide you with the Services.
2.4. Required Information. Certain aspects of the Site, Services, and/or Software may require you to provide additional information to take full advantage of the Services. You acknowledge and agree that your use of the Services, Site, and Software may be limited if you choose not to provide certain types of requested information.
2.5 No Endorsement or Control by Torrch.
By accessing the Site or Services, you may have the option to connect with these third-party individuals, businesses, organizations, or providers to obtain goods or services. You acknowledge and agree that (a) Torrch does not monitor, review, evaluate, or otherwise exercise any control over the goods or services offered by any third party; and (b) Torrch merely provides the Site and Services as a network and referral service to facilitate your ability to locate and converse with other individuals, businesses, organizations, and providers.
- Prohibited Uses
The Site, Software, and Services are intended for your personal use only, and you agree not make any commercial use of the Site, Software, Services, or any associated content. You acknowledge and agree that you will not and cannot:
- Reproduce, duplicate, copy, display, rent, sell, resell, or otherwise exploit the Site or Software, or their contents, descriptions, materials, or information for any purpose without the express written consent of Torrch;
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from Torrch, from the Site or Software, or acquired in connection with the Services;
- Use the Site, Software, or Services in any manner that infringes upon or violates the copyright, patent, trademark, or trade secret rights of another party;
- Use the Site, Software, or Service including, but not limited to, to upload, post, or send communications to other members for commercial solicitation or political campaigning, any content or message that is harmful, threatening, abusive, harassing, vulgar, obscene, racist, sexually explicit, profane, hateful, defamatory, libelous, invasive of the privacy of another, or unlawful, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, or is otherwise objectionable in the sole discretion of Torrch;
- Upload, post, or transmit any viruses, trojan horses, or other malicious or harmful computer code or programs or otherwise use the Site, Software, or the Services to intentionally or unintentionally violate any local, state, federal, or other law; or
- Engage in any other activity deemed by Torrch, in Torrch’s sole discretion, to be in conflict with the spirit or intent of this Agreement.
You agree not to take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have towards anyone. Our Services rely on you and other members to use the services responsibly and communicate with each other respectfully. You agree not to engage in any activity that in Torrch’s sole discretion violates the spirit or intent of the Agreement.
- Account Security Responsibility
If you choose to create an account, you will choose a username and set a password to create your member profile and connect with other members. You are solely responsible for all the activity on your member account, and for keeping your username and password confidential. You shall not share or transfer your profile or account information with any third-party. You agree to bear all responsibility for the confidentiality of your password and all activities that occur under your account or password. If you know or suspect that someone has used your account without permission, you must immediately report it to us at email@example.com.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Torrch reserves the right to disable any account at any time and for any reason, particularly where account abuse or misuse is suspected.
- Your Information and Data
- Software Users
If you download or use the Software, or you create an account through the Software, you are agreeing that you have read, understand, and agree to be bound by this Agreement. Torrch makes the Software available so that users may access the Services via a mobile device. To use the Software, you must have a compatible device. You may not modify, disassemble, decompile, reverse engineer or create derivative works of the Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third-party; (iii) copy, reproduce, republish, upload, post, transmit or distribute the Software in any way; or (iv) remove, circumvent, disable, damage or otherwise interfere with security features of the Software, including features that prevent or restrict use or copying of any content accessible through the Software.
You acknowledge that Torrch may from time to time issue upgraded versions of the Software, and may automatically upgrade the version of the Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that this Agreement will apply to all such upgrades. Standard carrier data charges may apply to your use of the Software through a mobile device.
- Intellectual Property
The Site, Software, and Services are legally protected through copyrights, trademarks, service marks, patents, trade secrets, and other laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site or Services. You agree you will not directly or indirectly copy, reproduce, modify, distribute, create derivative works from, or publicly display the Site or Services without Torrch’s prior express written permission. Except for the limited license identified in Section 1, you acknowledge that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any trademark, copyright protected work, or other intellectual property.
- Content from Members and Other Third-Parties
Torrch’s Services are designed to allow you to communicate and share information with other individuals and organizations. These individuals and organizations are not part of or affiliated with Torrch. All statements, opinions, and content from third-parties, including other members, are solely the opinions and the responsibility of the person or entity providing such content. For example, we cannot and do not guarantee the truthfulness of any information you may receive from another member such as personal information, employment resumes, or other information.
- Torrch’s Rights
All rights not expressly granted to you in this Agreement are expressly reserved by Torrch. This includes the following rights, which we reserve the right to exercise at any time:
- We can make changes to our Site, Software, and Services without notice
- We can change our membership criteria and responsibilities at any time
- We can edit or remove any of your content at any time and for any reason
- We can refuse service and suspend or terminate accounts at any time in our sole discretion
- We can decline to offer our Site, Software, and Services at any time and for any reason in our sole discretion
You agree that Torrch is not liable for any damages that may result from taking any of the above actions.
10.1. Availability. You agree that from time to time the Services, Site, and/or Software may be inaccessible or inoperable in whole or in part for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Torrch may undertake from time to time; or (iii) causes beyond the control of Torrch or which are not reasonably foreseeable.
10.2. Recommendations from Churches and Other Independent Organizations. It is possible you may have heard of Torrch from a recommendation, posting, or other communication from a church or other third-party religious organizations. You may also interact with such organizations through our Services. You acknowledge and agree that such parties are independent from Torrch and that Torrch has no formal connection or relationship with such parties. You acknowledge and agree that such religious organizations have no control over, and are not responsible or liable for, the actions, statements, or omissions of Torrch, Torrch’s members, or any other third party with whom you may interactive through the Services.
10.3 No Responsibility for Third-Party Actions or Statements. Torrch’s Site, Services, and Software are provided for the limited purpose of assisting you to connect with other people or entities. Torrch is not responsible for the actions, statements, or omissions of other members and any other third-parties. Torrch will relay information, communications, and other content provided by third-parties to you, but we are not responsible for the accuracy, content, or any other aspect from such third-party information, communication, or content.
Torrch does not directly employ any businesses, services providers, or other professionals you may find through the Services. Torrch’s Services merely provide a network of individuals and providers to provide you with the potential to locate and connect with other individuals and providers.
The appearance of any individual, business, organization, provider, or other third party on the Site or through the Services does not constitute any recommendation or endorsement by Torrch.
10.4. No Warranties. Torrch tries to keep the Site, Software, and Services working, error-free, and safe, but cannot guarantee that access to or use of the foregoing will be secure, uninterrupted, or free of errors or omissions. Torrch uses reasonable care and skill in providing the Site, Software, and the Services, but the Site, Software, and Services are provided without any warranties of any kind.
10.5. Disclaimer of Warranties.
THIS SITE AND THE SERVICES DO NOT PROVIDE PROFESSIONAL ADVICE. THE INFORMATION PROVIDED ON THE SITE AND AS PART OF THE SERVICES IS FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND TO ENABLE YOU TO FIND INFORMATION REGARDING SERVICE PROVIDERS. TORRCH IS NOT A HEALTH CARE PROVIDER.
YOUR RELIANCE ON ANY INFORMATION IN CONNECTION WITH THE SITE, SOFTWARE, OR THE SERVICES OR OTHERWISE PROVIDED BY TORRCH, ITS AFFILIATES, OR ANY THIRD-PARTY IS SOLELY AT YOUR OWN RISK.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR HEALTH OR THE HEALTH OF OTHERS. DO NOT DISREGARD PROFESSIONAL MEDICAL OR HEALTH ADVICE, OR DELAY SEEKING SUCH ADVICE, BECAUSE OF SOMETHING YOU READ ON THIS SITE OR THROUGH THE SERVICES.
TORRCH AND ITS AGENTS, OFFICERS, EMPLOYEES, SUCCESSORS, AND AFFILIATES PROVIDE THE SITE , SOFTWARE, AND THE SERVICES “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND TORRCH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. TORRCH DOES NOT WARRANT (1) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, SOFTWARE, OR SERVICES, (2) THE AVAILABILITY OF ANY CONTENT ASSOCIATED WITH THE SITE, SOFTWARE, OR SERVICES, (3) THAT THE SERVICES, SOFTWARE, THE SITE WILL MEET YOUR PARTICULAR NEEDS, (4) THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (5) THAT THE OPERATION OF THE SITE, SOFTWARE, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (6) THAT DEFECTS WILL BE CORRECTED, OR (7) THAT THE FUNCTIONS CONTAINED IN THE SITE OR SOFTWARE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TORRCH OR A TORRCH-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.
- Limitation of Liability
IN NO EVENT WILL TORRCH, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, SOFTWARE, THE SERVICES, OR ANY THIRD-PARTY CONTENT LINKED TO THE FOREGOING, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT TORRCH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL TORRCH BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO TORRCH UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.
You agree to indemnify, hold harmless, and defend Torrch, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) use of the Site, the Services, or Software, by you or anyone using your account; (ii) breach of the Agreement by you or anyone using your account; (iii) any information used, stored, or transmitted in connection with your account; or (iv) breach of the rights of any third-party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account.
- Monitoring and Enforcement
You acknowledge that Torrch has the right to (i) monitor your use of the Site, Software, and Services to ensure compliance with this Agreement; (ii) take any action with respect to any use of the Services that Torrch deems inappropriate in its sole discretion; (iii) take appropriate legal action, including without limitation, referral to law enforcement or disclosure of your identity, for any illegal or unauthorized actions.
- Term and Termination
14.1. Term. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. The Agreement shall automatically terminate if you delete your account in accordance with Section 14.2. In the event you terminate the Agreement before the renewal date, Torrch does not provide prorated refunds for the remainder of the then-current month.
14.2. Termination by You. You may terminate the Agreement by sending an e-mail to firstname.lastname@example.org, or by deleting your account through the profile settings.
14.3. Termination or Suspension by Torrch. Torrch may terminate this Agreement and your account, or suspend your access (a) for any reason whatsoever by providing you with written notice to the e-mail address on file with your account; (b) upon any breach of the Agreement; or (c) if you take any actions or make any statements that Torrch deems, in its sole discretion, to be threatening, dangerous, inappropriate, or otherwise pose any harm or risk to Torrch, the Sites, the Software, or other members.
- Governing Law; Mandatory Binding Arbitration.
This Agreement shall be governed by Minnesota law except for its conflicts of laws principles. You agree to resolve any disputes or claims arising out of or related to this Agreement, the Site, Software, or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provision” section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, Software, or Services, or violation of any intellectual property rights. Such proceedings shall be brought in the federal or state courts in Hennepin County, in the State of Minnesota and you hereby irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the city of Minneapolis and County of Hennepin, Minnesota in any legal suit, action, or proceeding arising out of or related to this Agreement.
This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer’s country.
No waiver of any term, provision, or condition of the Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of the Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
This Agreement constitutes the complete and exclusive statement of the agreement between you and Torrch, and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and Torrch.
Feedback, questions, comments, requests for technical support and other communications relating to the Site or Services should be directed to email@example.com.
17.1 App Store by Apple. The following applies to any Software you acquire from the App Store (“App Store-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Torrch, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Torrch as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Torrch as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, Torrch, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Torrch acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.
17.2 Google Play Store. The following applies to any mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Torrch only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Torrch, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Torrch’s Google-Sourced Software.
- California Residents. The provider of services is Torrch LLC,. We can be reached at 651-407-1904. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
SERVICE PROVIDER ADDENDUM
The following terms apply to any business, seller, or other service provider that creates an account with Torrch or otherwise uses the Services.
- Compliance with Legal Obligations. You are solely responsible for ensuring that you comply with all federal, state, and local rules, laws, and regulations, including any privacy requirements, licensing requirements, anti-discrimination laws, anti-spam laws, and tax requirements. Such laws include, but are not limited to, the Children’s Online Privacy and Protection Act (COPPA), the Health Insurance Portability and Accountability Act (HIPAA), the Federal Educational Rights and Privacy Act (FERPA), the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and any other applicable laws, rules, or regulations. You are solely responsible for determining the applicability and compliance requirements of such laws.
- Independent Organization. You acknowledges and agree that there is no employer-employee relationship, partnership, joint venturer, agency, or other relationship. You agree that you and your organization are independent of Torrch for all purposes, including taxes, Social Security, retirement benefits, unemployment insurance, and any reporting requirements.
- No Guarantee. You acknowledge and agree that Torrch provides no guarantee that users of the Site or Services will purchase and/or utilize goods or services from you.
- Reviews and Recommendations. To the extent the Services provide users with an opportunity to provide reviews, recommendations, or similar content regarding businesses, providers, or other organizations, you acknowledge and agree that Torrch does not undertake an obligation to evaluate, confirm, investigate, or otherwise monitor such reviews, recommendations, or other statements and representations.
- Jobs and Employers. The Services may provide an opportunity for potential employers to solicit job applicants, or for users to solicit potential job placements. You acknowledge and agree that Torrch has no control over, or obligation to evaluate, confirm, investigate, or otherwise monitor, content related to employment solicitations. Torrch does not conduct background checks, evaluate resumes, or otherwise review the accuracy of information provided in connection with employment solicitations.
- Indemnification. Contractor shall indemnify, defend, and hold harmless Healers and its affiliates, respective officers, directors, employees, agents, successors, and assigns, from and against any claims, judgments, damages, liabilities, settlements, losses, expenses, and costs, including attorneys’ fees and disbursements, arising from or relating to communications, contact, goods, or services that you have had with any Torrch user or that you have provided to any Torrch user.