Terms of Use

Last Updated: October 1, 2023

1.     Acceptance of the Terms of Use

Welcome to the website of Torqata Data and Analytics LLC. (“Torqata,” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our websites at https://torqata.com/or any of its sub or micro-sites, including any content, functionality and services offered on or through such website (collectively, the “Website”), whether as a guest or a registered user. The rights of Torqata set forth herein also extend to Torqata affiliates in connection with the Website. THESE TERMS OF USE CONTAIN AN ARBITRATION REQUIREMENT FOR UNRESOLVED DISPUTES, CLASS ACTION WAIVER AND LIMITATIONS ON LIABILITY.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.atd.com/privacy-policy, incorporated herein by reference, and that you have the authority to be bound by these Terms of Use, on your and/or the company for which you are an employee or agent. If you do not want to agree to these Terms of Use or the Privacy Policy, you are prohibited from accessing or using the Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Torqata.

2.     Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Arbitration section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. We may also provide notice to you of revised Terms of Use upon entry to the Website as prominently displayed or via other communications (e.g., electronic mail, dealer agreements, etc.).

3.     Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any products we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website (e.g., use of your browser and computer).
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You are solely and fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, or suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) at any time, including without limitation if you have violated any provision of these Terms of Use.

4.     Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Torqata, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution, except as may be set forth in the dealer agreement (if applicable).
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, except with prior written consent of Torqata.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

Except as permitted by prior written agreement by Torqata, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please contact us by any means set forth in Section 22 below.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Torqata. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5.     Trademarks

The Torqata data and Analytics LLC name, the terms ‘Torqata’ and all related names, logos, product and service names, designs and slogans are trademarks of Torqata or its affiliates or licensors. You must not use such marks without the prior written permission of Torqata. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

6.     Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Torqata, a Torqata employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Torqata or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

7.     Monitoring and Enforcement; Termination

We have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS TORQATA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TORQATA OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TORQATA OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8.     Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Website infringe your copyright, you (or your agent) may send Torqata a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

1.               A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

2.          Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works);

3.             Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Torqata to locate the material on the Website;

4.             Your name, address, telephone number, and email address (if available);

5.             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; and

6.            A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Torqata a counter-notice.

Notices and counter-notices with respect to the Website should be sent to 12200 Herbert Wayne Court, Suite 150, Huntersville, NC 28078, Attn: General Counsel or by email at support@torqata.com

9.     Text Messaging Terms and Conditions

You have the option of opting in to receive SMS (text) messages about offers, coupons and other information about the products and services we may provide (“SMS Service”). You may not opt in to the SMS Service if you are under 18 years old. Opting in to the SMS Service requires you to text a keyword from your mobile phone, which will allow us to have access to your mobile phone number. Torqata reserves the right to stop offering the SMS Service at any time with or without notice.

By opting into the SMS Service, you:

a.     Authorize Torqata to use auto dialer or non-auto dialed technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

b.     Acknowledge that you do not have to agree to receive messages as a condition of purchase.

c.     Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

d.     Consent to the use of an electronic record to document your opt-in. To view and retain an electronic copy of these Terms of Use or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Once you affirm your choice to opt-in to the SMS Service, your message frequency may vary. You may receive an alert when instances occur such as when we confirm you opt-in or when we provide any offers, coupons or other information about our products and services. Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service. Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Service may not be available on all wireless carriers. Torqata may add or remove any wireless carrier from the SMS Service at any time without notice. Torqata and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Service may not be available on all wireless carriers. Torqata may add or remove any wireless carrier from the SMS Service at any time without notice. Torqata and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To stop receiving text messages from Torqata, reply STOP to any of the text messages you have received from Torqata. For text message programs operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Torqata and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Torqata through any other programs you have joined until you separately unsubscribe from those programs. These Terms of Use still will apply if you withdraw the consent mentioned above or opt out of the SMS Service.

You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also contact us at 12200 Herbert Wayne Court, Suite 150, Huntersville, NC 28078 or by email at support@torqata.com. In the event that you change or deactivate your mobile phone number, you agree to notify Torqata by contacting us at 12200 Herbert Wayne Court, Suite 150, Huntersville, NC 28078 or by emailing us at support@torqata.com

10.   Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Torqata, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Torqata. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11.  Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

12.  Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13.  Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Website, such as if you register and participate in our online community platform, which enables you to communicate with us and other authorized users about our products and services, among other things (“Online Community”). All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

14.  Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

15.  Links from the Website

If the Website contains links to other sites and resources provided by third parties (other than our dealer portals, which are partially provided by a third-party service providers and content is partially provided by Torqata and authorized users of such portals), these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for and the privacy policies of such websites.

From time to time, Torqata may offer evaluation services or 'lite' versions of its full service products so that you may access and determine if such products would be beneficial to you. To enable Torqata to offer such evaluation services, you agree that Torqata may share information you have provided to its affiliated and other third parties, including American Tire Distributors (“ATD”). Torqata's lite services may offer access to ATD purchasing platforms which may collect and use your data in accordance with the ATD Privacy Policy www.atd.com/privacy-policy. To the extent that you elect to receive such evaluation services, you hereby agree to the additional terms and conditions that may apply and presented to you through a click-through or other similar process. Any evaluation services offered by Torqata and accessed by you are subject to the Disclaimer of Warranties and Limitation of Liability stated below in Sections 17 and 18.

16.  Geographic Restrictions

The provider of the Website is located in the United States of America. We provide this Website for use by persons located in North America. We make no claims that the Website or any of its content is accessible or appropriate outside of North America. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside North America, you do so on your own initiative and are responsible for compliance with local laws.

17.  Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. OTHER THAN AS MAY BE OFFERED (BUT NOT REQUIRED) BY THE THIRD PARTY MANUFACTURER OF PRODUCTS AS MAY BE SET FORTH IN THE TERMS OF SALE, THE WEBSITE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TORQATA NOR ANY PERSON ASSOCIATED WITH TORQATA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TORQATA NOR ANYONE ASSOCIATED WITH TORQATA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TORQATA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18.  Limitation on Liability

IN NO EVENT WILL TORQATA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19.  Indemnification

You agree to defend, indemnify and hold harmless Torqata, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

20. Arbitration

Torqata and you agree to attempt to resolve any disputes amicably. If, after thirty (30) days we are unable to do so, then you and Torqata each agree that any claim or controversy of any sort relating to our agreement, the Website or these Terms of Use shall be determined by arbitration in Charlotte, NC USA, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator shall have no power to add to, delete from or modify these Terms. Each of us shall have the right to conduct discovery to which we would be entitled had the dispute been resolved in a state court of general jurisdiction in North Carolina. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude either party from seeking provisional remedies in North Carolina in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, as part of the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. The arbitrator shall only have the authority to resolve individual disputes between you and Torqata. Notwithstanding the foregoing, in addition to our rights set forth above, we may initiate proceedings directly in the appropriate court located in Charlotte, NC USA in connection with any claim to collect amounts due and owing by you.

Neither you nor Torqata shall be entitled to join or consolidate claims in arbitration by or against other customers of Torqata with respect to other accounts, bring mass, class action, or consolidated claims in arbitration or a court of competent jurisdiction, or arbitrate or litigate any claim as a representative or individual of a class or in a private attorney general capacity.  The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Arbitration proceedings are confidential, unless all parties agree otherwise in writing.  Arbitration orders and awards required to be filed with applicable courts of competent jurisdiction are not confidential and may be disclosed by the parties to such courts.  A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order of proper jurisdiction.

21.  Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

22.   Miscellaneous

    1. If any provision of these Terms of Use are held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. 
    2. These Terms of Use shall be governed and construed in accordance with the laws of the state of North Carolina excluding its choice of law provisions. The United Nations Convention for the International Sale of Goods shall not apply.
    3. These Terms of Use, the Privacy Policy, and other terms or policies defined therein or that Torqata may post on the Website constitute the entire agreement between Torqata and you in connection with use of the Website supersedes any prior agreements between Torqata and you regarding such use, including prior versions of these Terms of Use. 
    4. Any rights or obligations hereunder may not be transferred or assigned by you without the prior written consent of Torqata.  Torqata may freely assign and delegate any of its rights or obligations hereunder.
    5. No waiver of by Torqata of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Torqata to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

How to Contact Us

If you have any questions about the Website, any Torqata product, our Privacy Policy or these Terms of Use, or would like to learn more about Torqata, please contact us by any of the following means: mailing us at 12200 Herbert Wayne Court, Suite 150, Huntersville, NC 28078 or by email at support@torqata.com.