Terms Of Use
Torch & Laurel reserves the right to change the Terms of Use, including our Privacy Policy, from time to time, as we deem appropriate, without advance notice. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of the Website that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review the Terms of Use so that you always will know what terms and conditions apply to your access to and use of the Website. Your continued use of the Website after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes.
Copyright & Trademark
All of the information, data, applications, widgets, references, links, sources, statements, trade names, intellectual property, logos, graphics, pictures, designs, compilations, presentations, events and any and all other matters contained in, accessed through, or related to, the Website (collectively, the “Content”) are protected under applicable copyright, trademark, unfair competition and other proprietary laws and rights. Without limiting the generality of the foregoing, the name ” Torch & Laurel “, “The Society of Torch & Laurel”, “Torch & Laurel”, and “The National Society of Collegiate Scholars” are registered trademarks owned by the The National Society of Collegiate Scholars. All rights in and to each and all said marks of Torch & Laurel are reserved, as specified in the Trademark Notice on the Website.
Torch & Laurel respects the intellectual property rights of others and expects users of the Website to do the same. You may not use the marks or logos on the Website for any unauthorized or illegal use or purpose. You do not acquire any ownership, license or other use rights to any Content viewed, acquired or accessed through the Website, except only for the limited license expressly provided for herein. You may not claim any such Content as your own or create derivative works based upon such Content. Some of the Content on the Website (including links, tweets, and multimedia items) is the intellectual property of third parties. Any reference to, or reproduction of, the Content or the names and sources used herein, must attribute Torch & Laurel, the Website, or the appropriate third-party as the source. Any unauthorized or improper use of the Content will be subject to appropriate legal action.
We will respond to notices of alleged copyright or trademark infringement that comply with applicable law and are properly provided to us. If you believe that the Website has copied or used content in a way that constitutes copyright or trademark infringement, please provide Torch & Laurel with the following:
(i) a signature or authorization of the owner of such rights;
(ii) identification and proof of ownership or rights to use of the protected work;
(iii) identification and a description of the material or use that you believe is infringing;
(iv) your contact information including your name, mailing address, telephone number, and email address;
(v) a statement that the use of the protected work is unlawful or not authorized; and
(vi) a statement under oath that the information provided is accurate and complete, and that you are the owner or are authorized to act on behalf of the owner of such protected work. Torch & Laurel reserves the right to remove any content claimed to be infringing in our sole discretion without prior notice and without liability to you.
Third Party Content
Third party Content appears on the Website and may be accessible via links, redirects or other outside sources from this Website. These links are provided solely as a convenience to you and not as an endorsement of the content, services or information of those outside sources. You understand that third-party providers or contributors are independent from Torch & Laurel or Torch & Laurel and that Torch & Laurel does not verify, endorse or support such outside websites, accounts, information, statements and opinions. You expressly acknowledge and agree that Torch & Laurel is in no way responsible or liable for any such outside information, services or websites. By using this Website, you may be exposed to Content that you may consider offensive, harmful, inaccurate, deceptive or otherwise inappropriate. Torch & Laurel is not responsible for the legality, reliability, truthfulness, or accuracy of any outside information or content provided by third parties and under no circumstances will Torch & Laurel or its affiliates be liable for such information. If you encounter any objectionable, illegal or questionable outside information or content accessed through the Website, please bring it to our attention immediately.
Restricted and Prohibited Uses
Your license for access and use of the Website and the Content is subject to all applicable laws, regulations, and rules, as well as the following restrictions and prohibitions on use. You may not
(i) use the Content or the Website for any purpose or in any manner that violates any local, state or federal law, regulation, rule, code or ordinance or that is prohibited by these Terms of Use;
(ii) attempt to gain unauthorized access to any systems, networks, accounts, records or personal information not available to the general public through hacking or any other means;
(iii) copy, republish, display, distribute, transmit, sell, license, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or its Content for commercial purposes or uses not authorized by these Terms of Use;
(iv) use the Website or the Content obtained from it to develop, assemble or manipulate, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), which is offered for commercial distribution of any kind;
(v) create unauthorized compilations or derivative works of any Content from the Website;
(vi) use any Content from the Website in any manner that may infringe any intellectual property rights, proprietary rights, or other lawful rights of Torch & Laurel, its chapters, members, contributors, or any third parties;
(vii) remove, change or obscure any copyright, trademark or other proprietary notice contained on the Website.
(viii) remove, decompile, disassemble, monitor or reverse engineer any source code, architecture, or software obtained from the Website;
(ix) use any automatic or manual process to monitor, copy, harvest or compile Content from the Website;
(x) use the Website for the purpose of gathering information used for “spamming,” mass marketing or similar actions;
(xi) use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Website, or
(xii) use this Website in any manner that could damage, disable, overburden, or impair any servers, networks or equipment related to the Website.
You may provide links to the Website, provided
(i) that you do not remove, alter or obscure, through any means, notices or sources listed on this Website.
(ii) your use does not involve or endorse any illegal, immoral or objectionable uses, activities or organizations.
(iii) your use of this Website does not violate or conflict with these Terms of Use and
(iv) you agree to discontinue such links to the Website immediately upon request by us.
Accounts or users engaging in any prohibited behaviors may be investigated for abuse, suspended, blocked and/or terminated. Torch & Laurel reserves the right to investigate, read, preserve, disclose or take any other action for any Content or users if it believes such actions are reasonably necessary to
(i) comply with any applicable law, regulation, legal process or governmental request.
(ii) enforce these Terms of Use
(iii) address fraud, security or technical concerns.
(iv) respond to requests or complaints from other users or applicable governmental, quasi-governmental or private authorities.
(v) protect the rights, property or safety of Torch & Laurel, users of the Website or the public. Upon termination of your right to use this Website, all licenses and other rights granted to you in these Terms of Use will cease immediately and without further notice.
User Content
You are responsible for your use of the Website or the Member Community Portal and for any Content you provide or post to it including, without limitation, pictures, videos, blog entries, tweets, links, statements and personal or commercial information. Any Content you provide will be visible to, and usable by, members of the public and other services and websites. You are responsible for any consequences relating to the Content you provide, and you should be comfortable sharing this Content with others. You agree not to provide or display any trade secrets, confidential or proprietary information, or sensitive financial or personal information of any third party without that person’s consent or authorization. You also agree not to post any false, deceptive, harassing, intimidating, violent or intentionally harmful information or statements. You may not use obscene or pornographic text, images or links to websites in either your submitted Content or your account to which such Content refers. By submitting, posting or displaying Content on or through the Website or Member Community Portal, you
(i) represent that you have the right to use and distribute such Content.
(ii) waive any right or claim to compensation for such Content and
(iii) grant to Torch & Laurel and Torch & Laurel a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, expand, sublicense, adapt, modify, publish, transmit, display and distribute such Content for Torch & Laurel’s own purposes, to the public or to third parties, in any capacity or by any method, whether currently known or later developed. Torch & Laurel reserves the right to remove or limit distribution of Content as it deems appropriate.
DISCLAIMERS AND LIMITATIONS
TORCH & LAUREL DOES NOT CERTIFY, WARRANT OR GUARANTEE THE ADEQUACY, SEQUENCING, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. CONTENT AND OTHER INFORMATION ON THE WEBSITE MAY BE PROVIDED BY THIRD PARTIES OVER WHOM TORCH & LAUREL HAS LITTLE OR NO CONTROL AND MAY NOT BE INDEPENDENTLY VERIFIED OR ASSESSED. ALL CONTENT AND OTHER INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NOT AS AN EXCLUSIVE BASIS FOR DECISION-MAKING OR FOR THE PREPARATION OF REPORTS, OFFICIAL STATEMENTS, PUBLIC FILINGS OR CERTIFIED INFORMATION. YOU ASSUME THE ENTIRE RISK OF RELYING ON THE ACCURACY OF THE CONTENT AND OTHER INFORMATION ON THE WEBSITE AND YOU WAIVE ALL RIGHTS, DAMAGES, CLAIMS AND DEFENSES BASED ON ANY LOSSES, DAMAGES OR DETRIMENTAL EFFECTS FROM YOUR USE OF, OR RELIANCE UPON, THE CONTENT AND OTHER INFORMATION ON THE WEBSITE. YOU SHOULD EXERCISE DUE CAUTION AND SEEK INDEPENDENT VERIFICATION OR ADVICE BEFORE ENTERING INTO ANY LEGAL OR FINANCIAL OBLIGATION BASED ON ANY OF THE CONTENT AND OTHER INFORMATION ON THE WEBSITE. NOTHING CONTAINED ON, OR ACQUIRED FROM, THE WEBSITE SHOULD BE CONSTRUED AS PROVIDING INVESTMENT, LEGAL, TAX OR ACCOUNTING ADVICE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT TORCH & LAUREL, ITS CHAPTERS, MEMBERS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, OR THIRD PARTY SUPPLIERS WILL HAVE NO LIABILITY TO YOU OR TO ANY OTHER PARTY FOR DIRECT OR INDIRECT DAMAGES, OR FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, THAT ARISES OUT OF, OR IS CONNECTED WITH, ANY ACCESS TO OR USE OF THE WEBSITE, THE CONTENT OR ANY OTHER INFORMATION ON THE WEBSITE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU RELATING TO ANY USE OF THE WEBSITE EXCEED THE GREATER OF $29 OR THE AMOUNT YOU HAVE PAID TO TORCH & LAUREL IN THE PAST 12 MONTHS SOLELY AND DIRECTLY FOR THE USE OF THIS WEBSITE. TORCH & LAUREL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE CONTENT AND OTHER INFORMATION ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW.
ALTHOUGH WE PROVIDE THESE TERMS OF USE TO GOVERN USER CONDUCT, TORCH & LAUREL DOES NOT CONTROL OR DIRECT THE ACTIONS OF WEBSITE USERS AND IS NOT RESPONSIBLE FOR THE CONTENT, COMMENTS, SPEECH OR ACTIONS OF SUCH USERS INCLUDING, WITHOUT LIMITATION, ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OBJECTIONABLE CONTENT PROVIDED BY OTHER USERS OF THE WEBSITE. TORCH & LAUREL CANNOT MONITOR OR CONTROL ALL CONTENT AND INFORMATION POSTED ON THE WEBSITE. ALL USER AND THIRD-PARTY CONTENT AND INFORMATION, WHETHER POSTED ON THE WEBSITE OR PRIVATELY TRANSMITTED, IS THE SOLE RESPONSIBILITY OF THE PERSON WHO ORIGINATED SUCH INFORMATION. ANY USE OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION ON THE WEBSITE IS AT YOUR OWN RISK AND RESPONSIBILITY.
Registration, Member Accounts, and Security
Users who join Torch & Laurel will have an opportunity to register for a dedicated Member Community Portal. To protect member account information, each user will establish a unique username and password. As a user of the Website and Member Community Portal, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.
You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of, or visitor to, our Website or Member Community Portal due to someone else using your account or password. Please see our Privacy Statement for further information regarding your account or password.
Certain member benefits or offerings may require you to register with the website of another party. Torch & Laurel does not control the content, websites or information from outside entities of contributors and your registration or use of such sites or information is governed by the terms and policies of use by such providers.
Transfer and Assignment
Your license to use the Website is not transferable or assignable. Any user information or related permissions are not transferable or assignable. Torch & Laurel reserves the right to limit, deny or revoke access to the Website at any time, with or without cause.
Errors, Corrections, and Changes
Although we make reasonable efforts to maintain the operation of the Website, we do not represent or warrant that the Website will be error-free, function as intended and free from any harmful components. The Content and offerings on the Website are always evolving and we may make changes to the features, functionality, or Content of the Website at any time. We reserve the right in our sole discretion to immediately limit or discontinue use or access to the Website and to remove, modify, suspend, or restate any Content at any time in our sole discretion. Any changes to these Terms of Use or the Content will be binding and effective as of the date and time posted.
International
We control and operate the Website from the United States, and all information is processed within the United States. Without limiting the generality of other disclaimers and limitations set forth herein, we do not represent that information on the Website are appropriate or available for use in other locations.
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold Torch & Laurel, its chapters, members and affiliates and their respective members, managers, officers, employees, agents, contractors, successors, assigns, or third party suppliers harmless from any liability, loss, claim or expense, including reasonable attorney’s fees, resulting from any claims, damages or actions related to your use of the Website or any Content or other information provided or used by you.
Miscellaneous
These Terms of Use, our Privacy Policy and the additional terms and conditions set forth in the Website and Member Community Portal constitute the entire agreement between you and Torch & Laurel regarding your use of, and access to, the Website and the Content. Any purported waiver by Torch & Laurel of any term or condition of these Terms of Use, the Privacy Policy or any additional terms and conditions set forth in the Website shall not be effective unless contained in a written document signed by an authorized representative of Torch & Laurel. Your use of the Website and the license provided for herein does not constitute any partnership, joint venture or similar business relationship between you and Torch & Laurel. No delay, forbearance or failure of Torch & Laurel to enforce any right or provision of these Terms of Use will be construed as a waiver of such rights. Any claim or cause of action you may have with respect to Torch & Laurel or the Website must be commenced within one year after the claim or cause of action arose or the same will be deemed waived. If any provision within these Terms of Use is held to be invalid or unenforceable, that invalid or unenforceable provision will be narrowed or deleted to the extent required to render it valid and enforceable, but all of the remaining provisions in these Terms of Use will remain in full force and effect. These Terms of Use, and your access to the Website, are governed by the laws of the District of Columbia. In the event of any dispute regarding the interpretation or compliance with these Terms of Use, you consent to the exclusive jurisdiction and venue of the local and federal courts located in the District of Columbia.