The use of www.toruscommunity.com or other sites to which these Terms are linked (each, a “Website”), owned and maintained by Social Point of View LLC doing business as Torus Community (“Torus Community,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
SECTION 1 – WEBSITE USE
If you use the Website, you affirm that you are at least 18 years old, have the legal capacity to enter a binding contract with us, have read this Agreement, and understand and agree to its terms.
We recognize that in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you affirm that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
All aspects of our Website are protected by the U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Torus Community trademark and logo are proprietary marks of Torus Community, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Torus Community.
Subject to your continued strict compliance with these Terms, Torus Community provides you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Website provided by Torus Community, whether alone or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Torus Community. You further agree not to commit any illegal or harmful activities or attempt to commit any dangerous or unlawful activity on or through the Website, including, but not limited to:
HARMFUL OR PROHIBITED ACTS.
Any dishonest or unethical practice; any violation of the law; infliction of harm to Torus Community’s reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and transmitting it in any way we haven’t explicitly permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of Torus Community or any third party.
“SPAMMING” AND UNSOLICITED COMMUNICATIONS.
We have zero-tolerance for spam and unsolicited communications. Any communications sent or authorized by you deemed “spamming” or any other unsolicited solicitations (including postings on social media or third-party blogs) will be considered a material threat to Torus Community’s reputation and the rights of third parties. You must ensure that all communications comply with state and local anti-spamming or similar laws.
Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, or discriminatory; misleading, false, or misinforming; graphically violent; or solicitous of unlawful behavior.
You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by, or connected to Torus Community, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
ILLEGAL BUSINESS ACTIVITY.
Any promotion of unlawful business activity, including without limitation infringing or promoting the infringement of the intellectual property rights of another.
SECTION 3 – OUR PRIVACY STATEMENT AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Our Privacy Statement governs your submission of personal information through the Website. Torus Community reserves the right to modify its Privacy Statement at its reasonable discretion from time to time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS
As a Torus Community user, you may create a member and affiliate account with Torus Community. You warrant that the information you provide us is truthful and accurate and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Torus Community member or affiliate account. You agree not to transfer your password or username or lend or otherwise transfer your use of or access to your member or affiliate account to any third party.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information is missing or inaccurate and may cancel or limit an order any time after it has been placed. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion. All advertised prices are in, and all payments shall be in U.S. Dollars.
SECTION 6 – REFUNDS
The refund form will be based on the original form of payment, such as a credit card charge. Torus Community does not refund the actual shipping costs on products that you return.
Suppose you have purchased from Torus Community or any related brands. In that case, you may receive a 100% refund on the returned product if you comply with the following conditions (unless otherwise specified): If the product(s) is returned within 30 days from the purchase date; regardless of whether the product has been used, is re-stackable or resalable. The member is responsible for the cost of returning the product.
If you cancel in the middle of your billing cycle, you will not receive a partial refund. Your account is paid for through your billing term when you are charged. Essentially, you prepay for the month ahead. If you are on a paid plan and you cancel your subscription, your account will move to inactive status on your next billing date. For example, if your billing cycle starts on Aug 03, 2022, and ends on Sep 03, 2022, you will not receive a prorated refund if you decide to cancel the account on Aug 15, 2022, but you will still have access to your account until the end of the billing cycle.
From time to time, we will offer discount pricing on digital products. For example, purchase 1 year of digital product at a reduced cost. Discount pricing has no refunds. If you are unsure if you will enjoy a digital product, please purchase the month-to-month plan.
SECTION 7 - AUTOMATIC ENROLLMENT AND PAYMENT AND CANCELLATION
For monthly subscriptions (including subscriptions for services), we require at least five (5) days’ notice of cancellation by email. If you provide such information less than five (5) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Torus Community.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A Torus Community user is responsible for paying all sums due to Torus Community in connection with their monthly subscription of products and services by these Terms. Your account will be charged up to the subscription fee plus applicable tax for the following month’s subscription every calendar month.
You further acknowledge and agree that payments are due regularly by the payment terms for the specific product or service purchased (unless these Terms cancel the subscription). Therefore, you authorize the automatic payment collection terms applicable to that service (e.g., every month and for a specific amount).
Torus Community reserves the right to immediately terminate a user’s account and product or service for any unpaid (in whole or part) subscription period (with or without notice). Termination of service in no way relieves or excuses the User from any obligation to pay outstanding charges or expenses. If Torus Community starts collection processes of any type, you will be liable for all collection costs, including legal fees and costs.
In addition to any Fees, Torus Community may also charge applicable value added or other tax.
There are reasons why a card payment might fail. The most likely causes, mainly if the card on file has been successfully used before, change in the customer’s spending habits, account balance, and card information such as the expiration date, address info, and CVC.
We assume that the cardholder is aware of the account status because we send an email to inform them of a charge failure, plus they likely have payment issues with other companies they purchase from. We assume that the cardholder is engaged in rectifying the problem with their bank and that the card will shortly be back in good standing and functional.
Our system will automatically attempt to retry charging any due amount four times within two weeks after the initial payment failure. After a 4th failure, the account will no longer be in good standing and may affect the delivery of your products and services.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, we reserve the right to add applicable shipping and handling fees to your order if we ship you a physical product. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a good time after receiving your properly completed and verified order. Accurate shipping address and phone number information are required. Although we may provide delivery or shipment timeframes or dates, such dates are reasonable faith estimates and are subject to change. If your order is delayed, we will contact you at the email address you provided when placing your order. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery services not owned or controlled by us. Upon our delivery to any third-party carrier, the risk of loss and title for such items passes to you.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are subject to change. Torus Community may also offer additional products and services through other sites it owns or controls; such sites are also governed by the terms herein. Without notice, Torus Community reserves the right to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. By accessing, using, subscribing, or placing an order over the Website, you authorize Torus Community to charge your account in the amount indicated for the value of the products and services you select, including any future price changes. By your continued use of Torus Community products and services, and unless you terminate your subscription as provided herein, you agree that Torus Community may charge your credit card monthly for the selected products and services. You consent to any price changes for such products and services.
Torus Community takes reasonable steps to ensure that the prices set forth on the Website are correct and to describe and display the items available on the Website accurately. If the correct price of our products and services is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Torus Community does not warrant that product or service descriptions are accurate, complete, current, or error-free or that packaging will match the actual product. All sales are deemed final except Section 6 of these Terms. Torus Community’s descriptions of, or references to, products or services not owned by Torus Community are not intended to imply endorsement of that product or service or constitute a warranty by Torus Community.
SECTION 11 – DISCLAIMER - INDIVIDUAL RESULTS WILL VARY
Everyone is different. Therefore, individual results will vary from user to user when using the products and services.
SECTION 12 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Torus Community is pleased to hear from users and members and welcomes your comments regarding our services and products. Torus Community may use testimonials and product and service reviews in whole or in part together with or without the name and location of the person submitting it. Testimonials may be used for any activity relating to Torus Community’s services or products in printed and online media, as Torus Community determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and members submitting the testimonial and do not necessarily reflect the knowledge that You may have using our services or products. As set forth above in Section 11, your results will vary depending on factors beyond Torus Community’s control. Note that testimonials, photographs, and other information you provide to us will be treated as non-confidential and nonproprietary. By providing them, you grant Torus Community a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use them.
Additionally, Torus Community reserves the right to correct grammatical and typing errors, shorten testimonials before publication or use and review all testimonials before publication or use. Torus Community shall be under no obligation to use any, or any part of, any testimonial or product or service review submitted.
SECTION 13 – DISCLAIMERS OR OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE AT THIS MOMENT DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 14 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL TORUS COMMUNITY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, PRODUCT PARTNERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT INCLUDING THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOU OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER TORUS COMMUNITY HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF HOW DAMAGES ARE ALLEGEDLY CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
SECTION 15 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO THE COURTS, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree first to contact us at firstname.lastname@example.org to attempt to resolve the dispute informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, the Affiliate Agreement, or your relationship with us that cannot be resolved through such informal process or negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you will also be subject to this arbitration provision. A single neutral arbitrator will conduct the arbitration in the English language in Schuylkill County, Pennsylvania unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or if the parties cannot agree, chosen by the Rules of the AAA. The arbitration will be conducted by the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the complete and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Torus Community.
The AAA’s rules will govern the payment of all filing, administration, and arbitrator fees. In all other respects, the parties shall each pay their additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. The arbitrator shall follow the substantive law of the State of Pennsylvania without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Torus Community agree that disputes will only be arbitrated individually and shall not be consolidated on a class-wide, representative basis or with any other arbitration(s) or further proceedings that involve any claim or controversy of any other party. You and Torus Community expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within one year after the claim arises (the 1-year period includes the one hundred and twenty (120) day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration. As amended, it is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
This provision survives termination of your relationship with Torus Community, bankruptcy, assignment, or transfer. Suppose the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action). In that case, this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BY THIS ARBITRATION PROVISION.
SECTION 16 – TORUS COMMUNITY’S ADDITIONAL REMEDIES
To prevent or limit irreparable injury to Torus Community, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Torus Community or a third party, Torus Community shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Schuylkill County, Pennsylvania restraining such breach, threatened breach, infringement, or threatened violation. Nothing in this Agreement shall be construed as prohibiting Torus Community from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you. You, at this moment, irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Schuylkill County, Pennsylvania, for all such claims and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 17 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Torus Community, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, product partners, affiliates, parent companies, subsidiaries, and agents from and against any claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 18 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
Suppose you believe that materials or content available on the Website infringes any copyright you own. In that case, you or your agent may send Torus Community a notice requesting that Torus Community remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Torus Community a counter-notice. Notices and counter-notices should be sent by e-mail to email@example.com.
SECTION 19 – THIRD-PARTY LINKS
The Website may contain links to other websites. Torus Community assumes no responsibility for the content or functionality of any non-Torus Community website to which we provide a link. Please see our Privacy Statement for more details.
SECTION 20 – COOKIES
SECTION 21 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “JOIN,” “JOIN US,” “PAY NOW,” “ORDER NOW,” “SUBMIT,” “BUY NOW,” “PURCHASE,” “I ACCEPT,” “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, accessing, or using the Website, complete a purchase, select a method of payment, and enter in payment method information, whichever is earliest. If in our sole discretion, you fail, or we suspect that you have been unable, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Torus Community or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 23 through 30 of this Agreement and any representations, warranties, and other obligations made or undertaken by you shall survive the termination of this Agreement and your account or relationship with Torus Community. Upon termination, you remain responsible for any outstanding payments to Torus Community.
SECTION 22 – NO WAIVER
No failure or delay on the part of Torus Community in exercising any right, power, or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Torus Community.
SECTION 23 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement, or any matter concerning Torus Community, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Pennsylvania.
SECTION 24 – FORCE MAJEURE
Torus Community will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 25 – ASSIGNMENT
Torus Community may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be transferred without Torus Community’s (or its assigns’) written consent.
SECTION 26 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered electronic communication. When you communicate with Torus Community through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may share electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 27 – CHANGES TO THE AGREEMENT
We reserve the right to update, change, or replace any part of the Agreement, including the Privacy Statement, by posting updates and changes to our Website at our sole discretion. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 28 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You, at this moment, further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Torus Community has the right to rely upon all information provided to Torus Community by you. Torus Community may contact you by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed or considered placing on or through the Website.
SECTION 29 – SEVERABILITY
Suppose any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable. In that case, the remaining provisions shall not be affected thereby and shall continue in full force and effect. Such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 30 – ENTIRE AGREEMENT
These Terms, the Privacy Statement, and any policies or operating rules posted by us on the Website or concerning the Website constitute the entire agreement and understanding between you and Torus Community and govern your access to and use of the Website and your ordering, purchasing, and use and attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Torus Community. We may also, in the future, offer new products and services, and features through the Website. Such new features and products, and services shall also be subject to this Agreement and any policies or operating rules posted by us on the Website. Any ambiguities in interpreting these Terms or the Agreement shall not be construed against the drafting party.
SECTION 31 – CONTACTING US
We encourage our members to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to support@TorusCommunity.com.