Terms of Use
Effective date: July 2021
General
Welcome to ToryCarrier website.
ToryCarrier ( "We" ) provides information and services through its web sites, programs and computer servers, including but not limited to visiting and shopping, blog postings, and forums. (All such services are referred to collectively herein as " ToryCarrier.com.")
By accessing or using ToryCarrier.com, you are a "user" and you accept and agree to the terms below (the "Terms of Use" ) as a legal contract between you and ToryCarrier. ToryCarrier may post changes to the terms of use at any time, and any such changes will be applicable to all subsequent access to or use of ToryCarrier.com.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
Terms
By accessing this web site, you agree to be bound by these web site Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, don't use or access this site. The materials contained in this web site are protected by applicable copyright and trademark law.
ToryCarrier.com has the right, but not the obligation, to moderate content posted to, stored on, or transmitted via ToryCarrier.com by any user or third-party.
ToryCarrier.com has the right to enforce the terms of use by any means deemed appropriate by ToryCarrier.
User content prohibited on ToryCarrier.com includes, but is not limited to:
1) Illegal content;
2) Offensive content (including, without limitation, libelous, defamatory, threatening, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, or hateful);
3) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;
4) content that discloses another's personal, confidential or proprietary information;
5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to postings submitted to ToryCarrier.com);
6) any software or other materials which contain a virus, worm, Trojan horse, malware, spyware, or other malicious software;
7) content that offers, promotes, advertises or provides links to unsolicited products or services;
Use License
Subject to the terms and conditions, ToryCarrier hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for the purpose of personal, non-commercial, shopping for items sold on the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Under this license you may not:
1) reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them;
2) make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business;
3) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person
4) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law;
5) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
Additionally, you agree not to:
1) use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation, the rights of ToryCarrier, or the rights of any third-party;
2) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
3) use the Services in any manner that could disable, overburden, damage, or impair the Site or App or any other party’s use of the Services;
This license shall automatically terminate if you violate any of these restrictions and may be terminated by ToryCarrier at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
ELECTRONIC COMMUNICATIONS
When you use any ToryCarrier Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other ToryCarrier Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
In order to access some features or services available on the Services, you will have to create a ToryCarrier user account ( “User Account” ), including setting up a password. You may not use another person’s account or password.
You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your User Account, including your password, as well as any and all activity that occurs under your User Account. In no event will we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App’s security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using the Services.
We reserve the right to suspend or terminate your User Account and/or cancel your orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. If your User Account is discontinued by ToryCarrier due to your violation of any portion these Terms or for conduct otherwise deemed inappropriate, then you agree that you will not attempt to re-register with or access the Services through use of a different member name, user account or otherwise. You may terminate your User Account at any time, for any reason, by following any applicable instructions within the Site, or by contacting us as described in the “Contact Us”. To the fullest extent permitted by applicable law, ToryCarrier will not have any liability whatsoever to you for any suspension or termination of your User Account.
Disclaimer
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
Strike, lockout, or other forms of protest.
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.
Limitations of Liability
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL TORYCARRIER BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, LOSS OF BUSINESS OR MANAGEMENT TIME, BUSINESS INTERRUPTION, LOSS OF INCOME OR SALES, OPERATING LOSS, LOSS OF PROFITS OR CONTRACTS, LOSS OF FORECAST SAVINGS, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT TORYCARRIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR THIRD-PARTY SELLERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION SUCH DAMAGES FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO, LOSS OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
Arbitration Agreement
You agree that any dispute, claim or controversy arising out of or relating in any way to ToryCarrier.com service, including the web site, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction.
Any such arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
Revisions and Errata
The content on ToryCarrier.com could include technical, typographical, photographic, or other errors. ToryCarrier does not warrant that any of the materials on its web site are accurate, complete, or current.
ToryCarrier may make changes to the materials contained on its web site at any time without notice. ToryCarrier does not, however, make any commitment to update the materials.
Links
ToryCarrier has not reviewed the sites that link to torycarrier.com and is not responsible for the contents of any such linking site. The inclusion of any link does not imply endorsement by ToryCarrier of the linking site.
Use of any site linked from torycarrier.com is at the user's own risk.
Site Terms of Use Modifications
ToryCarrier may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Our Address
ToryCarrier
1030 Norcross Industrial Court
Norcross, GA 30071
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamp for AWS information.
Copyrights
"TORYCARRIER.COM" and "TORYCARRIER" are trademarks of TORYCARRIER and are protected by United States and international laws. The TOU do not authorize you to use "TORYCARRIER.COM," "TORYCARRIER" or any similar or related marks for any use pertaining to sports analytics, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with TORYCARRIER.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
1) A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed upon;
3) A description of where the material that you claim is infringing is located on the site;
4) Your address, telephone number, and e-mail address;
5) 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;
6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TORYCARRIER's Copyright Agent for notice of claims of copyright infringement on its site can be reached at the address above or e-mail below:
e-mail: sales@torycarrier.com
Please note that this procedure is exclusively for notifying TORYCARRIER that your copyrighted material has been infringed.
Feedback
Questions or comments on these terms of use should be submitted to sales@torycarrier.com or
ToryCarrier
1030 Norcross Industrial Court