Terms of Use

Last Updated and Effective Date: 10/24/2024

PLEASE BE AWARE THAT SECTION 6 OF THESE TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND TORCH. AMONG OTHER THINGS, SECTION 6 INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. BY ACCESSING THE SITE AND OTHERWISE USING OUR SERVICES, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND TO HAVE A JURY TRIAL.

1. Introduction

The website torch.law (the “Site”) is operated by Torch Law LLC (“Torch,” “we,” or other applicable first-person pronouns). The use of our Site is subject to the following terms and conditions (“Terms of Use”). By accessing this Site, you acknowledge that you have read and agree to these Terms of Use and our Privacy Notice. If you do not agree to the Terms of Use or our Privacy Notice, you are not authorized to access our Site or use any of our Site’s services.

These Terms of Use are effective as of the “Last Updated and Effective Date” above and will remain in effect except with respect to any provisions that are changed in the future. We may make changes to these Terms of Use from time to time and will notify you by posting a revised version on this Site. Changes, modifications, additions, or deletions will be effective immediately upon their posting to the Site or upon you being otherwise notified. You are expected to check this page regularly so you are aware of any changes, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. We will also revise the date found at the beginning of these Terms of Use when we post changes to it.

2. Children Prohibited

This Site and Torch’s services are not intended for or directed to minors. If you are under 16 (or the age of majority where you live), please do not use the Site. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us.

3. Attorney Advertising

Some of the content of this Site may be considered advertising material under the applicable rules governing the conduct of attorneys. Prior results described on the Site do not guarantee a similar outcome.

4. Disclaimers

No Legal Advice or Attorney-Client Relationship: Torch is unable to represent you until we know that such representation will not create a conflict of interest and we are assured of our qualifications to provide you with legal support. Accordingly, do not send us any confidential or time-sensitive information until you speak with one of our attorneys and receive our authorization to send that information to us.

The content and materials available through this Site are provided for informational purposes only. This information is not intended to and does not constitute legal advice, it is not a solicitation to offer legal advice, and does not create an attorney-client relationship between you and Torch. You should not act upon this information without seeking advice from an attorney familiar with your circumstances and licensed in your own state or country. By using the Site, you agree and understand that it is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential or sensitive information in a without authorization from Torch to do so, there is no duty to keep that information confidential or forgo representation adverse to your interests.

If you believe you have a claim against someone, consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire. Torch expressly disclaims any and all liability to any individuals or organizations with respect to actions they take or do not take based on the contents of this Site.

Site Content: At the time you read it, the information on this Site may not reflect the most current legal developments and is not guaranteed to be correct, complete, or up-to-date at all times. Torch is under no obligation to update such material.

The information on this Site contains the personal views of the authors only, unless otherwise attributed. The content on this Site does not necessarily represent Torch’s views or the views of our attorneys or clients and should not be attributed to them. Posting an item on the Site does not mean that Torch or its attorneys or clients approve or disapprove of the selection or contents of that item.

Site Access: Torch reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Site or the entire Site.

Third-Party Sites: Torch does not control, endorse, or sponsor any hyperlinks from this Site to other websites and has not reviewed and does not accept responsibility for their contents.

No Warranties: This Site and all information available on or accessed through this Site is provided “as is.” Torch makes no warranties, representations, or claims of any kind concerning the information presented on or through this Site.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TORCH NOR ANY PERSON ASSOCIATED WITH TORCH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER TORCH NOR ANYONE ASSOCIATED WITH TORCH REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT

MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, TORCH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability: Your use of this Site is at your own risk. Torch is not responsible for any errors or omissions in the content available through this Site or for damages arising from the use or performance of this Site.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TORCH OR ITS SERVICE PROVIDERS, AND IT AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, 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 USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification: You agree to defend, indemnify, and hold harmless Torch and its service providers, and it and their respective shareholders, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site content and services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

5. Rules of Conduct

While using the Site you agree to comply with all applicable laws, rules, and regulations. You further agree that you will not:

Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, right of privacy, or any other intellectual property or proprietary right.
Defame, threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” “marketing call,” or any other similar solicitation.
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available.
Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, spyware, ransomware, or other computer code, file, or program that is harmful or invasive or that is intended to damage or hijack the operation of, encrypt without authorization, monitor the use of, or download content without the authorization of, any hardware, software, equipment, or data.
Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.
Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
Use any trademarks, trade names, service marks, copyrights, or logos of Torch in unsolicited mailings or spam material.

6. Intellectual Property and Copyright Notice

The Site, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), as well as Torch’s name, logos, product and service names, designs, and slogans, are owned by Torch or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site.

If you would like to file a notification for copyright infringement pursuant to the Digital Millennium Copyright Act regarding any content or material available on this Site, please contact us at the contact information provided below.

7. Dispute Resolution

WAIVER OF JURY TRIAL: FOR ANY DISPUTE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TORCH IRREVOCABLY WAIVE ANY AND ALL RIGHTS YOU OR WE MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM OF ANY NATURE RELATING TO THESE TERMS OF USE. BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.

Class Action Waiver: YOU HEREBY WAIVE, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. The foregoing waiver is referred to herein as the “class action waiver”. You and we acknowledge that this class action waiver is material and essential to the resolution of any claims and is non-severable from this Dispute Resolution section. If the class action waiver is voided, found unenforceable, or limited with respect to any claim for which you seek class-wide relief, then this Dispute Resolution section (except for this sentence) shall be null and void with respect to such claim, subject to the right to appeal the limitation or invalidation of the class action waiver. However, this Dispute Resolution section shall remain valid with respect to all other claims and Disputes. You and we acknowledge and agree that under no circumstances will a class action be litigated.

Governing Law and Jurisdiction: All matters relating to the Site and these Terms of Use, and any dispute or claim arising from them or related to them (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Arkansas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arkansas, in each case located in Fayetteville, Washington County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

8. Contact Information

Should you have any questions, complaints, or concerns regarding this Site, please send us an email at info@torch.law; write to us at Torch Law LLC, 70 N College Ste 14 J, Fayetteville, AR 72701; or call us at (888) 76TORCH.