Terms of Service

Welcome to Torqued and torqued.io. The torqued.io website (the ‘Site’) is comprised of various web pages operated by Torqued LLC and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the ‘Terms’). Your initial use and continued use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The Torqued Site is an ONLINE MERCHANT Site.

PRIVACY

Your use of the Site is subject to Torqued’s Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting the Site or sending emails to Torqued constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

USE OF THE SITE

The Site and its contents (the ‘Content’) are intended only for users of Torqued. The Content (including any and all intellectual property posted on the Site) may only be used and copied for your own, non-commercial personal use, provided that the Content is not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Content in any way. Any other use of the Site or the Content without Torqued’s written permission is prohibited. You are granted a limited, non-transferable, revocable and non-exclusive license to access the Site for purposes of displaying it on your Internet browser only for the purpose of browsing through and/or purchasing merchandise available for sale on the Site. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted through this Agreement without notice to you.

You are prohibited from using the Site or the Content for any purpose not related to the intended use of the Site. Prohibited uses include, but are not limited to: (i) downloading, copying, or re-transmitting a portion or all of the Site or the Content, without, or in violation of, a written license or agreement with Torqued or by other means than those allowed by the Site to third-party social media accounts (assuming the Content is not altered in any way or maintains the appropriate watermark); (ii) using any type of data gathering or extraction methods; (iii) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (iv) registering, subscribing, unsubscribing, or attempting to register, subscribe or unsubscribe any party for any Torquedproduct or service if you are not expressly authorized by such party to do so; (v) using the Site or the Content other than for its intended purpose or for any unlawful purpose; (vi) interfering with the security of, or otherwise abusing the Site or any system resources, services or networks connected to or accessible through the Site.

PURCHASE DETAILS/RETURNS

Users may resister with and browse through Torqued for free. Purchases will be made via the methods proscribed on the Site.

YOUR ACCOUNT

If you use this site, 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 may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Torqued is not responsible for third party access to your account that results from theft or misappropriate use of your account. Torqued and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

The Site contains links to other websites (‘Linked Sites’). The Linked Sites are not under the control of Torqued and Torqued is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Torqued is providing these links to you only as a supplement to the Torqued service, and the inclusion of any link should not imply endorsement by Torqued of the site or any association with its operators beyond the endorsement of website to supplement the Torqued service.

Certain services made available via Torqued may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Torqued Site domain, you hereby acknowledge and consent that Torqued may share such information and data with any third party with whom Torqued has a contractual relationship to provide the requested product, service or functionality on behalf of Torqued users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

As a condition of your use of this Site, you warrant to Torqued that you will not use the Site or Content for any purpose that is unlawful and/or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any Content or other materials or information through any means not intentionally made available or provided for through the Site.

All Content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Torqued or its suppliers or licensors/contributors and is protected by copyright and other laws that protect intellectual property and proprietary rights. Unless otherwise agreed, you agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Unless otherwise agreed, you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Torqued content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content without the express written permission of Torqued and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Torqued or our licensors except as expressly authorized by these Terms.

Users who upload user reviews or other content in the Communication Services as outlined below represent and warrant the following: (i) Uploading User is the owner of the copyright to all Content submitted to Torqued; (ii) The Content does not violate any laws or the rights of any individuals or business entities including copyrights, trade secrets, privacy rights, and right to publicity; (iii) The Content has not been submitted with the intent to harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort upon another person or entity; (iv) The Content is no unlawful, discriminatory, libelous, slanderous, defamatory or sexually explicit. Torqued may accept or reject any uploaded Content at its sole discretion. By uploading Content to the Torqued Site, you grant Torqued a non-exclusive, transferable, perpetual, world-wide license to use the Content in any manner Torqued sees fit. By uploading Content to the Torqued Site, you understand your Content may be shared or used in any manner by Torqued users. Torqued has listed non-permissible uses herein, but claims no responsibility for any sharing of Content by users with third-party organizations.

USE OF COMMUNICATION SERVICES

The Site contains review capabilities or other communication facilities designed to enable you to communicate and broadcast with the public at large or with a group (collectively, ‘Communication Services’). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload any files that contain software or other material protected by intellectual property laws (by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Torqued has no obligation to monitor the Communication Services. However, Torqued reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Torqued reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Torqued reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Torqued’s sole discretion. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. Torqued does not control or endorse the content, messages or information found in any Communication Service and, therefore, Torqued specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Torqued spokespersons, and their views do not necessarily reflect the views of Torqued.

REPORT OF CONTENT ABUSE

If you feel uploaded Content is unlawful or breaches the terms and conditions of this Agreement or otherwise infringes upon another’s intellectual property rights, you may note such alleged abuse to Torqued via methods proscribed on the Site. Your report of any alleged abuse will be kept anonymous.

THIRD PARTY ACCOUNTS

You may be able to connect your Torqued account to third party accounts, such as Social Media accounts, to share both Content and the result of the use of Communication Services. By connecting your Torqued account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner do not use this feature.

USE OF MOBILE SERVICES

The Site may be accessed through mobile devices and/or through downloadable mobile applications, which include but are not limited to the ability to search for and reserve time slots at athletic facilities through your mobile phone, smartphone or other device. Torqued does not charge for these mobile services, but your carrier may. By utilizing our mobile services, you consent to be notified by Torqued (as well as other entities) by SMS, MMS, text message or other electronic means to your mobile device and that certain information pertaining to your use of the mobile services may be communicated to Torqued.

INTERNATIONAL USERS

The Service is controlled, operated and administrated by Torqued from our offices within California, U.S.A. If you access the Service from a location outside California, U.S.A., you are responsible for compliance with all local laws. You agree that you will not use the Torqued Content accessed through the Torqued Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Torqued, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services, any user posting made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Torqued reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Torqued in asserting any available defenses.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Torqued AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Torqued AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OR CONDITION OF ANY KIND. Torqued AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Torqued AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE SUE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Torqued OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

Torqued reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Torqued as a result of this agreement or use of the Site. Torqued’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Torqued’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Torqued with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, or specified in writing by all parties involved, this agreement constitutes the entire agreement between the user and Torqued with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Torqued with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT

If you believe that your work has been copied and is/was available as Content on the Torqued site in violation of any copyright law or other intellectual property law, please provide Torqued with a written email communication including the following: (i) a description of the copyrighted work or other intellectual property that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located or was locate on the Torqued Site; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and (vi) an your electronic signature or the electronic signature of the person authorized to act on behalf of the owner of the copyright or intellectual property owner’s behalf.

CHANGES TO TERMS

Torqued reserves the right, in its sole discretion, to change the Terms under which the Torqued Site is offered. The most current version of the Terms will supersede all previous versions. Torqued encourages you to periodically review the Terms to stay informed of our updates.

WAIVER/SEVERABILITY

Torqued’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision or part thereof these Terms or Use is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that nearly as possible reflects the terms of the unenforceable provision or part thereof.

GOVERNING LAW

The Site is controlled, operated and administered by Torqued LLC, a California, U.S.A. based entity. The Site can be accessed from any country around the world. As each jurisdiction has laws that may differ from those of California, U.S.A., by accessing this Site, you acknowledge and agree that all matters relating to the use of the Site shall be governed by the laws of California, U.S.A. and the federal laws of the U.S.A. applicable therein. Use of the Site may be unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

CONTACT US

Torqued welcomes your questions or comments regarding the Terms or requests of any other nature:

Email: [email protected]

Address:
Torqued LLC
636 Wisconsin St
San Francisco, CA 94107
United States

Effective as of May 1, 2018