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Terms and Conditions

General terms of use: THE TERMS AND CONDITIONS SET FORTH HEREIN ("TERMS") AND ANY WRITTEN AGREEMENT EXECUTED BY BUYER AND TORCH AND FILE, INC. ("AGREEMENT") CONSTITUTE THE ENTIRE AGREEMENT BETWEEN TORCH AND FILE, BY AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, ("TORCH AND FILE") AND BUYER ("BUYER"). IN THE ABSENCE OF SUCH AN EXECUTED AGREEMENT, THESE TERMS AND THE TERMS AND CONDITIONS OF SALE POSTED AT TORCHANDFILE.COM SHALL GOVERN. ALL OTHER TERMS AND CONDITIONS ARE EXPRESSLY DISCLAIMED AND REJECTED. BUYER’S ACCEPTANCE OF THESE TERMS IS DEEMED IMPLIED BY USE OF TORCH AND FILE's ONLINE ORDERING SYSTEM AND/OR ACCEPTANCE OF DELIVERY OF ANY PRODUCTS AND/OR SERVICES FROM TORCH AND FILE, WHICHEVER OCCURS FIRST.

Access and use of information: Access to this site and the use of the information contained herein is solely for legitimate business purposes to access the information provided by TORCH AND FILE at this site. Any access or attempt to access other areas of the TORCH AND FILE computer systems or other information contained on the system for any purposes is strictly prohibited.

Returns, changes and cancellations: Cancellations of and changes to orders for products and services, and returns of products by Buyer, will be subject to TORCH AND FILE's then-existing return, change and cancellation fees. Upon the request of Buyer, TORCH AND FILE will use commercially reasonable efforts to inform the Buyer of the return, change, and cancellation policies existing at the time of Buyer's request. TORCH AND FILE reserves the right to modify its return, change, and cancellation policies and fees at any time and without notice to Buyer. Buyer agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns.

Trademarks: This site contains the trademarks and service marks of Torch and File. All rights in the intellectual property contained in this Web site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web site does not constitute a right to copy or use any of the third parties' intellectual property of TORCH AND FILE. Statutory notice contained herein represents trademark status in the United States.

Copyright: All materials contained on this Site are subject to the ownership rights of TORCH AND FILE. TORCH AND FILE hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring TORCH AND FILE services or products. You agree that any copy made must include TORCH AND FILE copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.

Indemnity: BUYER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS TORCH AND FILE AND ITS EMPLOYEES, AGENTS, SUCCESSORS, OFFICERS, AND ASSIGNS, FROM ANY SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY AND ACCOUNTING FEES) THAT TORCH AND FILE MAY SUSTAIN OR INCUR ARISING FROM (A) BUYER'S USE OF THE PRODUCTS (INCLUDING WITHOUT LIMITATION TO STORAGE, HANDLING, AND/OR TRANSPORTATION OF PRODUCTS), (B) USE OF THE PRODUCTS BY A THIRD PARTY WITH OR WITHOUT BUYER'S AUTHORIZATION, (C) BUYER'S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS (INCLUDING WITHOUT LIMITATION THOSE REGARDING THE EXPORT OF PRODUCTS OR TECHNOLOGY ABROAD, THE TOXIC SUBSTANCE CONTROL ACT, AND THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986, OR TO OBTAIN ANY LICENSES OR APPROVALS FROM THE APPROPRIATE GOVERNMENT AGENCIES NECESSARY TO PURCHASE AND USE THE PRODUCTS), OR (D) THE BUYER'S BREACH OF ANY OF ITS OBLIGATIONS SET FORTH IN THESE TERMS OR IN THE AGREEMENT OR IN TORCH AND FILE’S STANDARD TERMS AND CONDITIONS OF SALE.

Warranties and disclaimers: All information appearing on any TORCH AND FILE web-based application is provided "AS IS" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. TORCH AND FILE provides no warranty with respect to any TORCH AND FILE web-based application or the products and/or services sold here under, except those products directly manufactured by TORCH AND FILE and services directly provided by TORCH AND FILE. For products not directly manufactured by TORCH AND FILE and services not directly provided by TORCH AND FILE, Buyer receives a warranty on such products or services, if any, directly from the manufacturer of those products or provider of those services to the extent such "pass-through" warranties are available. Upon the request of the Buyer, TORCH AND FILE will use commercially reasonable efforts to inform the Buyer of the warranty policy of a particular manufacturer or service provider, or to direct Buyer to a source of such information. TORCH AND FILE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY TORCH AND FILE WEB-BASED APPLICATION OR THE PRODUCTS AND SERVICES SOLD HEREUNDER. TORCH AND FILE EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES ARISING UNDER APPLICABLE LAW AND/OR THE UNIFORM COMMERCIAL CODE. TORCH AND FILE DOES NOT WARRANT THAT OPERATION OF ANY TORCH AND FILE WEB-BASED APPLICATION WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT ANY TORCH AND FILE WEB-BASED APPLICATION OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability: TORCH AND FILE SHALL NOT BE LIABLE FOR LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THESE TERMS, THE AGREEMENT, TORCH AND FILE’S STANDARD TERMS AND CONDITIONS OF SALE OR OTHERWISE, EVEN IF TORCH AND FILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. TORCH AND FILE's TOTAL LIABILITY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH PRODUCT OR SERVICE.

Miscellaneous: TORCH AND FILE reserves the right to modify any programs, policies, information, products and services contained on any TORCH AND FILE web-based application at any time and without notice to Buyer. A Buyer who uses information contained on any TORCH AND FILE web-based application or makes decisions based on such information does so at his own risk. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of Oregon, without regard to provisions on the conflicts of laws. Buyer and TORCH AND FILE consent to the exclusive venue in, the courts in the State of Oregon, Multnomah County. Buyer shall not assign (a) any order for products and/or services placed through any TORCH AND FILE web-based application, or (b) any interest in or any rights under such order, without the prior written consent of TORCH AND FILE. These Terms constitute the entire agreement between TORCH AND FILE and Buyer and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between Buyer and TORCH AND FILE with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and TORCH AND FILE. The failure by TORCH AND FILE to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions. All remarks, suggestions, ideas, graphics or other information communicated to TORCH AND FILE through this site will forever be the property of TORCH AND FILE. Unless otherwise specified in writing, all material submitted to TORCH AND FILE will be presumed to be public and TORCH AND FILE will not be required to treat the information as confidential. TORCH AND FILE shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information. If any provision of these Terms shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms.

Typographical Errors: In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Our Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Store shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Our Store shall immediately issue a credit to your credit card account in the amount of the incorrect price