Terms of Use
LAST UPDATED: 02-February-2022
Welcome to Torus! The website https://www.torustransforms.org/ and the mobile application Torus App (collectively, “Services”) are operated by Torus, an Oregon not-for-profit corporation. Throughout these Terms of Use the words “we”, ''us” and “our” refer to Torus and Torus App. Our website is powered by Squarespace and our Torus App can be found on the Apple store and Google Play through which you can get or subscribe to content and other in-app services.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, RELEASES, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES (AS DEFINED BELOW), INCLUDING, VARIOUS LIMITATIONS AND EXCLUSIONS AS DESCRIBED BELOW.
By participating in our Services and Content, you agree to be bound by the following Terms and Conditions (“Terms of Use”, “Terms”), Privacy Policy, and DMCA Policy. The Terms of third-party applications and websites used to provide users of our Services, including the additional conditions and policies referenced within these Terms or available by hyperlink. If you do not agree to all the Terms, then you may not access our Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the Services shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates or changes to our Services, or both. It is your responsibility to check this page https://www.torustransforms.org/ periodically for changes. Your continued use of, or access to, the Services following the posting of any changes constitutes acceptance of those changes.
Use of these Services uses the following web tools and hosts and requires you also agree to the following terms:
Tool Name
Function
Links to Terms / Policies
Squarespace
Website Hosting
https://www.squarespace.com/terms-of-service
Google Analytics
Tracks and Reports Website Traffic
Better Impact
Volunteer Management
https://www.betterimpact.com/about-us#service-level-agreement
Printful
Inventory management and shipping for online store
https://www.printful.com/policies
Stripe
Payment processor
OneSignal
Push notification software.
https://onesignal.com/tos & https://onesignal.com/privacy
Melio
Accounts payable software
https://www.meliopayments.com/legal/terms-of-service
Whats App
Social media plugin
https://www.whatsapp.com/legal/terms-of-service
Social media plugin
https://help.instagram.com/581066165581870
Social media plugin
https://www.facebook.com/terms.php
Meetup
Organize online groups that host in-person and virtual events
https://help.meetup.com/hc/en-us/articles/360027447252
SECTION 1 - TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you are under the age of majority, you acknowledge that a qualified adult such as a parent, guardian, event organizer, or school teacher, has allowed you to use our Services and you agree to the Terms. All people that use our Services give us your consent to allow any of your minor dependents to use our Services.
If you are accepting these Terms on behalf of another legal entity, including a business, school, or a government, you represent that you have the full legal authority to bind such entity to these Terms.
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright law).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of our Services and your access to our Content will be prohibited.
SECTION 2 - INTELLECTUAL PROPERTY RIGHTS
For purposes of these Terms, “Service Content” means and includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through our Service. The Service Content and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. They are owned by us, our licensors, or other providers of such material. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices on these Services or incorporated in or accompanying the Service.
Our Services are intended for your personal, non-commercial use. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services and access and view the Service Content for your personal non-commercial use. This license is provided solely for your personal use and enjoyment of these Services as permitted in these Terms. You agree not to reproduce, manipulate, change, reverse engineer, duplicate, copy, sell, resell or exploit any portion of the Service Content, without our express written permission and consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
SECTION 3 - OUR RIGHTS TO MATERIALS PROVIDED BY USERS
We welcome your participation in the Services. By sending messages to us, uploading or posting files, images, text, data, content, or by otherwise providing information or communications (individually or collectively "Communications") to us, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works, and otherwise exploit such Communications and any ideas or original materials contained in these Communications for any purpose and in all media now known or later developed. This grant includes the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all Intellectual Property Rights in any relevant jurisdiction. You waive all rights you may have to inspect or approve any use by us of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against us for any alleged or actual infringements or misappropriation of any Intellectual Property Rights in connection with such Communications. You agree and understand that we are under no obligation to use any Communications submitted by you to us or in any way.
You warrant that you own all Intellectual Property Rights in and to any Communications that you submit to us, or that you have sufficient rights in and to the Communications to grant to us the above license.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on these Services is not accurate, complete or current. The material on these Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on these Services is at your own risk.
SPECIFICALLY, THE CONTENT OF THESE SERVICES RELATED TO THE NOVEL CORONAVIRUS AND COVID-19 AND ALL OF ITS VARIANTS ARE ON A CONTINUOUS BASIS, AND WHILE WE ATTEMPT TO KEEP OUR INFORMATION ACCURATE, UP TO DATE AND TIMELY, WE NEITHER WARRANT NOR MAKE REPRESENTATIONS OR ENDORSEMENTS AS TO THE QUALITY, CONTENT, ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, HYPERLINKS, AND OTHER ITEMS CONTAINED REGARDING THE FOREGOING. THE SERVICE CONTENT HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND IS SUBJECT TO CHANGE WITHOUT NOTICE BY US AS A RESULT OF UPDATES, ADDITIONS, AND CORRECTIONS.
These Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these Services at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes to our Service Content.
SECTION 5 - SERVICES
We reserve the right but are not obligated, to limit our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the services that we offer. Any offer for any of these Services is void where prohibited.
We reserve the right to modify, terminate or otherwise amend our offered Services at any time in accordance with these Terms.
SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from, or relating to, your use of optional third-party tools.
Any use by you of optional tools offered through our Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through our Services (including, the release of new tools and resources). Such new features shall also be subject to these Terms.
SECTION 7 - LINKING AND THIRD-PARTY LINKS
You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. We reserve the right to withdraw linking permission without notice.
Certain content, products, and services available via our Services may include materials from third-parties. Third-party links on these Services may direct you to third-party websites and applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, applications, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or applications. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy go to www.torustransforms.org/privacy-policy-1.
SECTION 9 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information in our Services that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions.
We undertake no obligation to update, amend or clarify information in the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services should be taken to indicate that all information in the Services that has been modified or updated.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services or its Content: (a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) for any obscene or immoral purpose; or (e) to interfere with or circumvent the security features of the Service, other websites, or other applications. We reserve the right to terminate your use of our Services for violating any of the prohibited uses.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that our Services will be running 100% of the time, and we cannot guarantee that all functions will be available 100% of the time.
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services provided to you are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 12 - INDEMNIFICATION
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witness(es) fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, defend and hold us harmless and our officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, volunteers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall our Services survive the termination of these Terms for all purposes.These terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time, provided that you discontinue any further use of our Service. We also may terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to our Service, if in our sole discretion you fail to comply with any term or provision of these Terms.
Upon any termination of the agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from our Services, as well as all copies of such materials, whether made under the terms of use or otherwise.
SECTION 15 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on these Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 16 - DISPUTE RESOLUTION & GOVERNING LAW
We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting via email at ramin@torustransforms.org with the subject line ‘CLAIM.’ Similarly, we will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If the dispute is not resolved by negotiation within 30 days after the email noting the dispute under these Terms is sent, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the laws of the state of Oregon, USA, without regard to principles of conflict of law.
You agree that any disputes or other legal proceedings (including alternative dispute resolution) will be brought in Multnomah County, Oregon. By accessing our Services you are demonstrating that you are in agreement that you consent to the venue and personal jurisdiction there.
SECTION 17 - CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page, www.torustransforms.org/terms-of-use-1.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Services. It is your responsibility to check our Services periodically for changes. Your continued use of or access to our Services or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 18 - CONTACT INFORMATION
Questions about the Terms should be sent to us at ramin@torustransforms.org with the subject line ‘TERMS’.
We strive to respond to inquiries within a reasonable time frame but we make no promises that any query will be responded to within any particular time frame or that we will be able to answer any such queries.
SECTION 19 - ACCESSIBILITY
We are committed to sharing this information provided in our Services user-friendly for all people.
We are continually seeking out solutions that will bring all areas of the Services up to the same level of overall web accessibility. In the meantime, should you experience any difficulty in accessing the Services, please contact us at ramin@torustransforms.org with the subject line ‘ACCESSIBILITY.’
SECTION 20 - DMCA (Policy)
Copyright Complaints Involving Potential Infringement Need to Be Communicated and Reported. (Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3). If you believe your copyrighted information has been infringed upon on the Services, please review the act cited above, and then see our Notice and Procedure for Making Claims of Copyright Infringement / Disclaimer, DMCA Policy — TORUS (torustransforms.org)
SECTION 21 - MOBILE RATES AND FEES
Our Services are available to you via your mobile phone or other mobile devices. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of our Services. In addition, downloading, installing, or using our Services may be prohibited or restricted by your mobile carrier, and not all Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if our Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of our Services, and how much they will cost you. All use of the Services through your mobile device must be in accordance with these Terms.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.