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