Terms of Service

1. Legal Information

Updated: January 2025

Welcome to Torch, an online platform for dental practices to buy products from their favorite manufacturers and suppliers (the “Vendors”) and manage inventory. Torch Technology, Inc. (“Torch”) and you (“You” or “User”) agree that that the terms of service (the “Terms”) set forth herein govern your use and access to our services, the Torch Loyalty Program, and website www.torchdental.com or www.app.torchdental.com (the “Site” or “Sites”) (collectively, the “Services”).

By using our Services, you agree to be bound by these Terms and our Privacy Policy.

We reserve the right, at our sole discretion, to update or revise these Terms. Please check the Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.

2. Who Can Use Torch Services

Only dentists with an active license in the United States, or explicitly authorized representatives of such dentists, including, without limitation, office managers dental assistants or dental hygienists, may access the Services.

You must register for an account to use the Services. You agree that all information you provide will be true and complete, and you will keep your information current and up-to-date. You agree to keep your Torch username and password confidential, and to access the Site from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms.

You will be responsible for all purchases made, and anything else that occurs, through your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these, and all other provisions of the, Terms.

By using the Services, You represent and warrant that (i) all registration information you submit will be true, accurate, current and complete; (ii) You will maintain the accuracy of such information and promptly update such registration and other contact information as necessary; (iii) you have the legal capacity to bind the organization you represent, and You and any such organization agree to comply with these Terms; (iv) You are not a minor (under 18 in the United States) in the jurisdiction in which you reside; (v) You will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (vi) You will not use the Services for an illegal or unauthorized purpose; and (vii) Your use of the Services will not violate applicable law or regulation.

3. Torch Services

Torch features many different Vendor products (“Products”) on the Site to make it efficient and convenient for its Users. However, Torch has no control over the Products and does not guarantee: the existence, quality, safety or legality of Products advertised; the ability of Vendors to fulfill the orders, or that you will receive the orders in the time you need them.
While Torch provides customer support regarding the Services, Torch cannot guarantee that its representatives will know each Product and will not be held liable for any incorrect information given. For further information or questions regarding any of the Products, please contact the Vendor directly.
While the Site displays content, including pricing, Product availability and description of Products, made available by or obtained from Vendors, Torch is in no way responsible for the accuracy, timeliness or completeness of such content. Torch may attempt to curate such information, to the best of our ability, in an attempt to be as accurate as possible. Since Torch has no control over the Products and does not verify the content uploaded by the Vendors, it is not possible for us to guarantee the prices and/or information displayed on the Site. Torch makes no warranties to the accuracy of pricing or availability information of the Products. Despite our best efforts, a small number of the Products on our Services may be mispriced, or stock may be mislabeled. If the error resides with the Vendor, please contact the Vendor and/or refer to the Vendor’s policies for remedies. If you are unsure about the accuracy of a Product’s information, we suggest cross-referencing the Product information with authorized Vendors of the Product, to ensure accuracy.
Some Products on the Site may be hazardous or controlled substances under DEA schedules, and attempting to view these Products or illicitly obtain them is a serious offense. Any accounts whose information cannot be verified or are found to be unauthorized to access the Services will be terminated immediately.
If you are participating in a promotional discount program (e.g. points, discount redemptions or other special awards), with your purchases you may earn points/credits redeemable for certain goods or services, in accordance with discount program rules. Upon discount receipt by redemption of your earned points/credits, you are receiving or will receive notice of the discount value. Accordingly, you should retain these records.

4. User Responsibilities

You must review your entire final order, including your total purchase price, and each individual Product price, before submitting your final purchase request at checkout.
Pricing errors, out-of-stock and other errors occasionally occur on the Site. We reserve the right to cancel any orders containing pricing errors, out of stock errors or other errors at any time without further obligation to you, including after you have received a confirmation of your order.
Any non-delivery or misdelivery of Products should be addressed to the Vendor. Torch is not liable for any delivery and/or fulfillment errors.
When accessing and using the Services, you agree not to do the following: (a) Violate any law, rule, regulation, or these Terms; (b) Engage in conduct that is fraudulent or otherwise harmful to Torch, our partners, or any other user; (c) Display to others, mirror, or frame the Site, or any component of the Site, or systematically retrieve data or other content from the Services or the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory of any kind; (d) Access the Site if we have prohibited you from such access; (e) Access, tamper with, or use non-public areas of the Site, Torch’s computer systems, or the technical delivery systems of Torch; (f) Probe, scan, or test the vulnerability of any the Site or breach any security or authentication measures; (g) Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site, or taking any action that interferes with any user’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (h) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the Site; (i) Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the Site; (j) Collect or use any Personal Information (as defined in our Privacy Policy, which can be accessed at https://torchdental.socialswarm.digital/privacy-policy/ from other users of the Site; (k) Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person, entity, or user; (l) Use the Site to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours; (m) Use the Site or Services in any way competitive with Torch or otherwise to the detriment of Torch; (n) Disparage, tarnish, or otherwise harm or attempt to harm, in Torch’s sole determination, Torch, any other user, a Vendor or third-party, or the Services, including to harass, abuse, or harm another person; (o) Make improper use of our support services or submit false reports of abuse or misconduct; (p) Delete, or attempt to Delete, any copyright or other proprietary notices from the Site; (q) Upload or transmit, or attempt to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”); or (r) Copy or adapt the Services, Sites or software therein, including without limitation, to Flash, PHP, HTML, JavaScript, or other code.
You will not use the Site or Torch’s name, logo, brand, identity or Marks to do any of the following: (a) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation; (b) Use any meta tags or other hidden text or metadata utilizing a Torch trademark, logo, URL, or Product name without Torch’s express written consent; and (c) Permit, encourage, assist, or allow any third party to violate these Terms.
You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the Site (such as by attempting to retrieve information from or about the Site) through the use of any engine, software, tool, agent, device, or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the Site.
You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms and a Torch Site’s robots.txt file, the more restrictive of the two shall apply.
If you are accessing the Site as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.
You are responsible to advise Torch immediately of any change to Your address or other contact information. Torch will not be responsible for any communication not received by a User, provided that Torch sent such communication to the address or other contact information then on file from such User.

5. Fees, Payments, Taxes And Returns

You will be charged a fee for use of the Services, which fee may include a processing fee on each order, periodic subscription fee or other fee as determined by Torch in its sole discretion, and communicated to you (the “Torch Fees”). Torch reserves the right to modify the Torch Fees at any time. Any changes to the Torch Fees impacting your use of the Services shall be communicated to you. If you do not accept such changes to the Torch Fees, your sole remedy is termination of your use of the Services and deletion of your account.
Torch may from time to time provide discounted or promotional offers to encourage new users to register for the Services. Torch reserves the right to provide or terminate, such offers, at any time without prior notice, and nothing herein shall obligate Torch to make such offers, or to extend such offers to existing or ineligible users.

IF YOU REGISTERED FOR THE SERVICES UNDER A DISCOUNTED OR PROMOTIONAL OFFER, YOUR RATE WILL BE AUTOMATICALLY ADJUSTED, WITHOUT ANY FURTHER ACTION BY YOU OR NOTIFICATION BY TORCH, TO THE THEN CURRENT FULL SUBSCRIPTION RATE UPON THE EXPIRATION OF YOUR DISCOUNT OR PROMOTIONAL PERIOD.

Torch may collect all taxes on products purchased or in connection with any Services or benefits provided hereunder, including without limitation, the Loyalty Program.
Torch will collect taxes due related to your use of the Services where required by the applicable state, provided however, if Torch is not required to collect such taxes or otherwise does not collect such taxes, you remain responsible for the payment of all tax liability arising in connection with your use of the Services in all applicable jurisdictions.
All taxes levied on any products purchased are established by the vendor(s) selling such products and Torch lists such tax amounts as established by such vendor(s). If Torch collects such taxes on a vendor’s behalf, then upon your payment, Torch will remit such tax amounts to the vendor for remittance to the applicable jurisdiction. Notwithstanding the foregoing, you understand and agree that (i) at no time does Torch take possession of any products or ordered, which are fulfilled exclusively by the vendor(s) and (ii) Torch is not obligated to collect any taxes on behalf of vendors for products purchased through your use of the Services, the payment of which taxes remain your responsibility in coordination with the vendor(s) from which you purchased products.
Title to the Products purchased by you on the Site (and the related risk of loss on these Products) passes to you upon delivery of the Products by the common carrier used by the Vendors.
All returns will be processed by the respective Vendors in accordance with their own return policies. Please refer to the purchasing and account terms for the Vendors for complete information and policies related to your purchases.
If a Product discovered on or ordered through the Site is not as described, your sole remedy is to return the Product to the Vendor from where it came, pursuant to the terms of that Vendor’s return policy.
Torch assumes no responsibility for Products ordered using information obtained on the Site, and will not interact with Vendors on your behalf to initiate or negotiate a return of any Product.

6. Rights You Grant To Us As Your Authorized Agent

By submitting personal information, data, passwords, usernames, other login information, materials and other content to Torch through the Services, you are licensing that content to Torch for the purpose of providing the Services. Torch may use and store the content in accordance with this Agreement and our Privacy Policy. You represent that you are entitled to submit all such information and content to Torch for use for these purposes, without any obligation by Torch to pay any fees or subject to any restrictions or limitations.
When you sign up for a Torch account, you designate Torch as your authorized agent with permission to use your login information to third-party services, and represent that you are authorized to do so by your clinic or company. Torch’s systems utilize this login information to access these third-party services’ websites on your behalf to obtain and analyze pricing, availability, order history, cart, and other information.
By using the Services, you expressly authorize Torch to access your Account Information (as defined herein) maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the Services, you will be directly connected to the website for the third party you have identified. Torch will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Torch to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information.
Actions you expressly authorize Torch to take on your behalf for all Vendors whose information you’ve submitted to Torch include, but are not limited to, the following: (a) Product Retrieval – Torch will locate a given Product on a Vendor’s website and view that Product’s page or listing in order to serve you appropriate content. (b) Availability Retrieval – Torch will obtain availability information, including stock or backorder status, quantities in stock, warehouse information, drop-ship information, and other availability information when available. (c) Pricing Retrieval – Torch will obtain your pricing information for a Product, including quantity discounts, promotions, and special instructions related to that Product’s purchasing or shipment. (d) Cart Modification – Torch will manage your cart on the Vendor’s website by adding or removing Products to/from your cart, or changing quantities in your cart. (e) Order History Retrieval – Torch will retrieve and store information on past orders from your Vendors to provide our order history and analytics features. (f) Order Placement – Torch will place orders on your behalf with select third-party Vendor websites.
Torch takes the above actions only after you have signed up for a Torch account as a User. Torch will not, except for purposes of providing the Services to you, take actions on your Vendors’ websites without explicit permission.
For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant Torch a limited power of attorney, and appoint Torch as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN TORCH IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, TORCH IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Torch is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.

7. Links To Third Party Sites And Services

This Site may contain links to other websites and services not owned or managed by Torch, which are the sole responsibility of such independent third parties (“Third Party Services”), and use thereof is solely at your own risk. Those Users who choose to access such Third Party Services from this Site (including any information obtained through any hyperlink) are solely responsible for the compliance of such websites with any applicable law. Torch provides such links solely for the convenience of our Users. Torch is not responsible for the accuracy, legal or regulatory compliance, decency, or any other aspect of the content of such Third Party Services, and such Third Party Services are not investigated, monitored, or checked for accuracy or completeness by Torch. The inclusion of links to such Third Party Services does not imply approval or endorsement of such sites by Torch or any association with its operators and Torch shall not be liable whatsoever for your use of such Third Party Services.
When you use the Services, you may direct Torch to retrieve your own information maintained online by third-parties with which you have customer relationships, maintain accounts, or engage in purchase transactions to supply your dental practice (“Account Information”). Torch does not review the Account Information for accuracy, legality or non-infringement. Torch is not responsible for the Account Information or products and services offered by or on third-party sites.
If you wish to link to this Site please contact support@torchdental.socialswarm.digital before creating that link so the Site may be previewed. Torch does not allow the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted upon approval and must be made to the home page at www.torchdental.com rather than to any other specific pages within the Site.

8. SMS Terms and Conditions

You may provide Torch with telephone contact information and opt into SMS messaging. Upon messaging opt-in, you agree to receive messages from Torch including, without limitation, messages regarding your use of the Site or Services, responses to customer service requests, other communications necessary to facilitate delivery of the Services. End users can opt-out by replying STOP or request more information by replying HELP. Message frequency varies. Message and data rates may apply.

9. Your Content

Torch is always happy to hear from its Users. However, any reviews, questions, answers, comments, suggestions, ideas, or other information from you that you post on, or send to, the Sites (“Content”) is provided on a non-confidential basis with no obligation on our part to keep such Content secret. For the Content you submit to the Services, you grant Torch and our affiliates and third parties a worldwide, royalty-free, sublicensable, perpetual and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, create derivative works from your Content, and distribute your Content. You agree that this license includes the right for Torch to provide, promote, and improve the Services and to make your Content available to be submitted to or through the Services available to other companies, organizations or individuals for the distribution, promotion or publication of such Content on other media and services, subject to our Terms. Such additional uses by Torch, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to your Content that you submit, post, transmit or otherwise make available through the Services.

You hereby release Torch from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any of your Content.

You shall be solely responsible for your Content and the consequences of posting or publishing them. In connection with your Content, you affirm, represent, and/or warrant that:

(a) You own or have the necessary licenses, rights, consents, releases and permissions to use and authorize Torch to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all your Content to enable inclusion and use of your Content in the manner contemplated by the Terms, and such Content does not and will not violate the privacy or publicity rights of any person;

(b) Your Content does not contain material that is copyrighted, protected by trademark, patent and/or trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights in, or have permission from their rightful owner to post such material in your Content, and you can grant Torch all of the license rights in such material in your Content;

(c) Your Content will not be false or misleading or constitute unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;

(d) Your Content will not be obscene, lewd, lascivious, violent, harassing, hateful , racially or ethnically offensive, libelous, slanderous, disparaging, threatening, intended to promote violence, mock or ridicule, encourage conduct that could be considered a criminal offense, give rise to civil liability, or violate law or these Terms, or otherwise be considered objectionable or inappropriate as determined in our sole discretion; or

(e) You will not include any link or URL in your Content or on the sites.

10. Copyright Infringement And The Digital Millennium Copyright Act Of 1998 (DMCA)

Torch shall, in its sole discretion, terminate the access of Users of the Site who infringe upon the copyrights of Torch or others. Torch has designated an agent to receive notices of claimed copyright infringement relating to the Site under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to Torch containing the following information: (a) A physical or electronic signature of the owner of, or a person authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. (c) Contact information for the notifying party, including name, address, telephone number, and email address. (d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

You must submit your written notice containing the above information by fax, email, or postal to the following Designated Agent:

Torch Technology, Inc.

49 W 23rd St, Floor 3

New York, NY 10010

11. Torch Proprietary Rights

Torch is the owner or licensee of all copyrights, patents, trademarks, and all other intellectual property rights in the Site, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, code, interfaces, and Marks contained on this Site; and (ii) the design, selection and arrangement of this Site.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this Site and the materials provided hereon for the purpose of obtaining and reviewing your account information. You may view or download a single copy of the material on the Site solely to access our Services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with Torch or its licensors. Torch and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this Site for any purpose not expressly authorized herein without the prior written permission of Torch or its licensors is forbidden.
All trademarks, service marks, trade names, logos, graphics, page headers, button icons, scripts, and other designations (collectively the “Marks”) are the sole property of Torch, or other third parties that have granted Torch the right and license to use such Marks. Nothing contained on this Site should be construed as granting any license or right to use any such Marks without the written permission of Torch or such third party that may own the Marks displayed.
We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this Site by you and all information provided by you, including your Content, in any manner consistent with our Privacy Policy, which is incorporated into these Terms by reference, and can be found at https://torchdental.socialswarm.digital/privacy-policy/.
All other trademarks not owned by Torch that appear in connection with our Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Torch.

12. Return Policies, Refunds, And Transaction Risks

Torch is not a seller or shipper of any Products. Thus, all Products viewed or purchased through the Site are sold under the shipment terms of the Vendor from whom you are purchasing. Pursuant to most Vendor terms, the risk of loss and title for such Products may pass to you upon its delivery to the carrier, and conversely, title is not taken for such Products until they reach the Vendor’s fulfillment center. Please refer to the purchasing and account terms for the Vendor for complete information and policies related to your purchases. Torch does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the Products offered for sale on the Site or the ability of the sellers to complete a sale or fulfill orders or the ability of buyers to complete a purchase.
Each User acknowledges that it is fully assuming the Transaction Risks (defined herein) of conducting any purchase and sale transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to Products using the Site. Such risks shall include, but are not limited to, misrepresentation of Products, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous Products, unlawful Products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products offered or displayed on the Site may violate or may be asserted to violate third party rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of third party rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of Products or others claiming to have suffered injuries or harms relating to Products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such Products. All of the foregoing risks are hereafter referred to as “Transaction Risks.” Each User agrees that Torch shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
User agrees to provide all information and materials as may be reasonably required by Torch in connection with your transactions conducted on, through or as a result of use of the Sites or Services. Torch has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Torch (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

13. Loyalty Program

A. Overview

The Torch Technology, Inc. Loyalty Rewards Program (the “Loyalty Program”) is a loyalty reward program offered by Torch to certain Users that meet the necessary criteria as set forth herein. The Program is accessible through https://app.torchdental.com/td/advantage (the “Program Website”) and any other related sites and applications referred to on the Program Website.

The Program allows qualifying Users collect points called “Torch Credits” when making purchases from certain Torch Vendors from time to (“Eligible Purchases”), and to redeem these points for rewards, benefits, shipping credits and/or rebates offered by Torch from time to time as determined in Torch’s sole discretion. Users are eligible to earn Torch Credits in differing amounts based on the applicable Loyalty Program tier for which the User qualifies. Users earn a higher amount of Torch Credits for spend with Advantage Vendors that other Vendors. Torch will identify as part of the Services whether a Vendor is a designated Advantage Vendor at the time of product purchase.
Users acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level. Torch reserves the right to modify Loyalty Program Tiers, designated Advantage Members and all other qualifications and details about the Loyalty Program at any time without prior notice.

B. Terms and Conditions

These terms and conditions, together with any terms set forth on the Program Website, and any other terms accessible through any of the foregoing, (collectively the “Program Terms”) govern the Loyalty Program. Torch in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Loyalty Program Terms at any time and without prior notice. If the Program Terms have been updated, Torch will post the new Program Terms on the Program Website and note the date that they were last updated. We encourage Users to review the Program Terms each time they use the Loyalty Program. By using the Loyalty Program, you accept and agree to be bound by the Program Terms.

C. Participation

Participation in the Loyalty Program is free and no initial fee is required in order for You to take advantage of the Loyalty Program benefits.

D. Suspension Rights

If Torch determines that a User has abused any of the Loyalty Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to Torch, Torch may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such User’s privileges under the Loyalty Program, revoking any or all of the Torch Credits in such Loyalty Program User’s account, and/or revoking the User’s eligibility to participate in the Loyalty Program, in each case, with or without advance notice to the User and without liability to Torch.

Torch Credits will not be awarded if in Torch’s reasonable opinion the merchandise purchased from Vendors will be used for resale and any Torch Credits awarded on such purchases will be forfeited. If a User was awarded Torch Credits for an offer or promotion in which a User purchased product(s) in excess of reasonable quantities, the Torch Credits awarded as a result of that offer or promotion may be forfeited without prior notice and the User’s account may be suspended or closed.
Unless further restricted elsewhere in the Program Terms, eligibility to participate in the Loyalty Program is only available to individuals acting in their professional services capacity, corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such participation in the Loyalty Program. If a User does not meet the eligibility requirements set out above, all Torch Credits awarded to such User may be forfeited without prior notice and the User account may be suspended or closed.

E. Torch Credit Use and Redemption

Torch Credits can be earned by Users in connection with purchases of goods and/or services made through the Services in accordance with the terms and Loyalty tiers as set forth on the Program Website.
Torch Credits can be redeemed toward future purchases, or other rewards as designated by Torch from time to time on the Program Website. When sufficient Torch Credits have been accumulated to obtain the desired and available reward(s), redemption occurs through online purchases. The redemption schedule, available rewards and other information is available on the Program Website and subject to change in Torch’s sole discretion at any time without prior notice.

F. Value

Torch Credits have no cash value and are not exchangeable for cash. The accumulation of Torch Credits does not entitle the User to any vested rights, and Torch does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. Torch assumes no liability to Users relating to the addition or deletion of items from or for which Torch Credits can be collected and/or redeemed.

G. Transferability

Torch Credits cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any Torch Credits so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon mergers, acquisitions, change of control, reorganization, or other transfer by operation or law or otherwise unless explicitly authorized by Torch in writing.

H. Return or Exchange

In the event of a return/exchange of any eligible purchase that initially earned Torch Credits, such Torch Credits will be deducted automatically from the account that was used for the eligible purchase. Torch Credits will be deducted at the same rate as they were earned. Upon the return and/or exchange of products awarded through the redemption of Torch Credits, all redeemed Torch Credits will be forfeited.

I. Promotions

From time to time, Torch may advertise or offer exclusive offers to select Users to redeem Torch Credits for items other than credits against future purchase, or to receive other benefits or discounts.

J. Other Terms

These Program Terms are in addition to the Terms, and shall be read together with such Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these Program Terms, the Program Website, or any other applicable Loyalty Program terms, such conflict shall be resolved as follows: first, the Program Website shall prevail, thereafter these Program Terms, and thereafter the Program Terms and finally any other program terms.

K. Abuse

Any abuse by a Member of the Loyalty Program’s privileges, any failure by a User to follow these Terms, including the Program Terms, or any misrepresentation by a User may subject the User to expulsion from the Loyalty Program, including forfeiture of all accumulated Torch Credits, and the use of the Services.

14. Disclaimer Of Warranties; Limitation Of Liability

User shall, at the time of sale, obtain any transferable Product warranties, indemnities and remedies solely provided by the applicable Vendor. The customer agrees to look solely to the Vendor of the Product for any claim arising due to loss, injury, damage or death related to the use or sale of Products.

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TORCH SITE AND/OR SERVICES ARE PROVIDED BY TORCH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TORCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, TORCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TORCH DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, TORCH’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TORCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TORCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TORCH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TORCH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES TORCH (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TORCH’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Indemnification

You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Torch and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, suppliers, and investors from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the Services, any content you post or submit to the Site, your violation of law or infringement of the rights of a third party, or your other violation of these Terms. Torch reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Torch if and as requested by Torch in the defense of such matter.

16. Termination

While we hope you remain a lifelong Torch user, you can terminate these Terms with thirty (30) days notice to us (our contact information is found at the end of the Terms) and for any reason by deleting your account. Upon termination, all licenses and other rights granted to you under these Terms will immediately cease.
While we always want to promote a great experience at Torch, if we believe you are using the Services in a manner not intended by us, or in a way that circumvents these Terms, or is contrary to the spirit of any activity on the Services, we shall have the right immediately to terminate this agreement with you and your use of the Services at any time in its sole discretion and without notice to you. In no case will Torch’s closure of your account, or reduction of your access to the Services, waive or affect any other right or relief to which Torch may be entitled.

17. Choice Of Law And Forum

These Terms shall be governed by and construed in accordance with the laws of the state of New York, without regard to such state’s rules regarding conflicts of laws. By accessing this Site, you agree that courts located in the Eastern and Southern Districts of New York or in the counties within those federal judicial districts shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Terms and/or your use of the Services, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action.

18. Disputes/Arbitration

For purposes of this section, “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to these Terms (such as with respect to their validity or enforceability), the Services, your (or anybody else’s) access to and/or use of the Services, and/or the provision of content, Products, Services, and/or technology on or through the Site.
Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and 30-day negotiation period required by this paragraph shall not apply to these types of Disputes.
Except as otherwise specifically set forth below, any Dispute of any kind, if unresolved through informal discussions within 30 days of the sending of the notice described above, shall be resolved by binding arbitration to be held in New York. You agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator(s).
The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1 (800) 778-7879.
Payment of all filings, administration and arbitration fees will be governed by the AAA Rules. The decision from the arbitration will be in writing and binding and conclusive on Torch and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Torch and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator(s) must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Torch and you understand that, absent this mandatory arbitration provision, Torch and you would have the right to sue in court and have a jury trial. Torch and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

You or Torch may choose to pursue a claim in small claims court where jurisdiction and venue over you and Torch otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Torch 30-day advance notice by email to support@torchdental.socialswarm.digital and by U.S. Mail to Torch Technology, Inc. 49 W 23rd St, Floor 3 New York, NY 10010.

You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Torch by email to customerservice@torchdental.socialswarm.digital AND by U.S. Mail to Torch Technology, Inc. 49 W 23rd St, Floor 3 New York, NY 10010. The notice must be sent within 30 days of your first use of any of the Site. If you do not opt out via this method, you will be bound to arbitrate Disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Torch will not be bound by these provisions either. If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a Dispute between Torch and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms the matter is not subject to arbitration), Torch and you agree to waive, to the fullest extent allowed by law, any trial by jury.
This Disputes/Arbitration section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Torch, or any employee, officer, director, or investor of Torch, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person’s access to and/or use of the Site, and/or the provision of content, Products, Services, and/or technology on or through the Site.

19. Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Torch and you agree to resolve any Dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Torch and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.
If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Torch, or any employee, officer, director, or investor of Torch, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.

20. Miscellaneous

Reasonable effort has been made to ensure that the information herein is correct and up to date. However, Torch is not responsible for any errors or omissions in printed copies of these Terms nor those published from time to time on its Sites.
Any waiver by Torch of the strict observance, performance or compliance by a User with any of the term and conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of Torch as a result of any other failure to observe, perform or comply with the Terms. No delay or omission by the Torch in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
In the event that any provision in these Terms is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms, which will remain in full force and effect.
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Terms to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, Torch’s records shall be conclusive in all respects.
These Terms constitute the entire agreement between you and Torch with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Torch with respect to the Services. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

20. How To Contact Us

Email: support@torchdental.socialswarm.digital

Mail: Torch Technology, Inc.

49 W 23rd St Floor 3

New York, NY, 10010