Last modified: January 22, 2019
Use Of The Website
The name Emma’s Torch and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. You must not use any of such marks without the prior written permission of the Company or the respective owner of such marks.
Disclaimer of Warranties and Limitation of Liability
(a) Disclaimer of Warranties: THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMMA’S TORCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EMMA’S TORCH MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE. ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
(b) Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL EMMA’S TORCH, ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, DONORS, AGENTS, ADVISORS, REPRESENTATIVES, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED, TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT EMMA’S TORCH IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT THAT MAY BE AVAILABLE FROM TIME TO TIME FROM EMMA’S TORCH OR ITS PARTNERS AND ANY LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT THEREFROM. NOTWITHSTANDING THE FOREGOING, IF, DESPITE THE LIMITATION ABOVE, EMMA’S TORCH IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY IS CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN ANY LIABILITY RESULTING THEREFROM SHALL BE LIMITED TO ONE HUNDRED DOLLARS IN THE AGGREGATE FOR ALL CLAIMS AGAINST EMMA’S TORCH AND EMMA’S TORCH INDEMNITIES.
(c) Exclusions and Limitations: The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Emma’s Torch. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
You agree to defend, indemnify and hold harmless Emma’s Torch, its affiliates, partners, advisors, employees, members, managers, officers, donors, directors, agents, representatives, licensors, licensees or content providers from any claims, losses, damages, expenses, demands, and costs (including, without limitation, reasonable attorneys’ fees), arising out of or relating to your use of the Website.
Third Party Links
The Website may contain social media features or hyperlinks to third party websites (collectively “Links”). Links may be made available to assist you, the user. We may disable all or any Links. Emma’s Torch does not control the content available at such Links. EMMA’S TORCH MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH SOCIAL MEDIA FEATURES OR THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such Links does not imply any endorsement by Emma’s Torch, including, but not limited to, opinions, statements, information, individuals or entities referred to on such Links or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators. Linked sites or other websites may also have a hyperlink to this Website; Emma’s Torch is not, and you agree that Emma’s Torch is not, responsible for the content of any such website or the actions of any operator of any such website.
Emma’s Torch is based in the state of New York in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Limitation on Time to File Claims
Legal Notices and Contact Information
If you intend to carry out legal action of any kind against the Website or Emma’s Torch, you are required to contact Emma’s Torch seven (7) business days before any legal claim is made. Please remember the Website is intended to benefit its users and Emma’s Torch intends no harm to you or anyone else by operating this Website.
Contacting Emma’s Torch