TORCHED JEWELRY AND METALSMITHING

TERMS AND CONDITIONS

BY VISITING HTTP://TORCHEDAVL.COM, YOU ARE CONSENTING TO OUR TERMS

AND CONDITIONS.

OVERVIEW

The terms “we,” “us,” and “our” refer to TIBJASH METALS, LLC, dba TORCHED and

TORCHEDAVL (“Torched”).

The term the “Site” refers to http://torchedavl.com.

The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the

site.

These Terms and Conditions govern your use of the Site, product sales, class enrollments, bench

rentals, space rentals, and any other information, materials, and resources we make available on

the Site (collectively, the “Service”).

These Terms and Conditions apply to all Site visitors, customers, and all other users of the site.

By using the Site or Service, you agree to these Terms and Conditions without modification and

acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and

authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited

from using the Site. Information provided on the Site and in the Service related to product sales,

educational content, and other information are subject to change. Torched makes no

representation or warranty that the information provided, regardless of its source (the “Content”),

is accurate, complete, reliable, current, or error-free. Torched disclaims all liability for any

inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself, including

your name, email address, username and password, and other personal information. You agree

that any registration information you give to Torched will always be accurate, correct, and up to

date. You must not impersonate someone else or provide account information or an email address

other than your own. Your account must not be used for any illegal or unauthorized purpose. You

must not violate any laws in your jurisdiction in your use of the Service.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially

responsible for all purchases made by you or someone acting on your behalf through the Site.

You agree to use the Site and purchase services or products through the Site for legitimate,

non-commercial purposes only. You shall not post or transmit through the Site any material

which violates or infringes the rights of others, or which is threatening, abusive, defamatory,

libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise

objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct

that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right

to refuse service to any order, person or entity, without the obligation to assign reason for doing

so. No order is deemed accepted by us until payment has been processed. We may at any time

change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our

previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product

delivery. If there is an error in this email confirmation, it is your responsibility to inform us as

soon as possible.

CANCELLATIONS, REFUNDS & RETURNS

There are no refunds. All sales are final. If you need assistance or have concerns about your

order, please email info@torchedavl.com.

DESCRIPTIONS & ERRATA

The materials appearing on the Site may include technical, typographical, or photographic errors.

Torched does not warrant that any of the materials on its Site are accurate, complete, or current.

We endeavor to describe and display the Service as accurately as possible. While we try to be as

clear as possible in explaining the Service, please do not assume that the Site is entirely accurate,

current, or error-free. From time to time, we may correct errors in pricing and descriptions. We

reserve the right to refuse or cancel any order with an incorrect price listing.

Torched makes no warranties, expressed or implied, and hereby disclaims and negates all other

warranties, including without limitation, implied warranties or conditions of merchantability,

fitness for a particular purpose, or non-infringement of intellectual property or other violation of

rights.

Torched may make changes to the materials contained on its website at any time without notice.

Torched does not, however, make any commitment to update the materials.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other

materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right

without the express written permission of the owner of the copyright, trademark, or other

proprietary right, and the burden of determining that any Materials are not so protected rests

entirely with you. You shall be liable for any damage resulting from any infringement of

copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a

submission. For all Materials submitted by you to the Site, you automatically represent or

warrant that you have the authority to use and distribute the Materials, and that the use or display

of the Materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the Materials you supply to Torched. You retain

copyright and any other rights you may rightfully hold in any content you submit through the

Site or Service. Content you submit to Torched remains yours to the extent that you have any

legal claims therein. You agree to hold Torched harmless from and against all claims, liabilities,

and expenses arising out of any potential or actual copyright or trademark misappropriation or

infringement claimed against you. By posting material on the Site, you grant us a worldwide,

nonexclusive, irrevocable license to use the material for promotional, business development, and

marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Torched and/or the artists

represented on the Site, including trademarks, copyrights, proprietary information, and other

intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of,

create derivative works from, distribute, display, reproduce or perform, or in any way exploit in

any format whatsoever any of the Site or Service Content or intellectual property, in whole or in

part, without our prior written consent. We reserve the right to immediately remove you from the

Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective

immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any

use of the Site or Service by you after being notified means you accept these amendments. We

reserve the right to update any portion of our Site and Service, including these Terms and

Conditions, at any time. We will post the most recent versions to the Site and list the effective

dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

You agree that under no circumstances shall we be liable for direct, indirect, incidental,

consequential, special, punitive, exemplary, or any other damages arising out of your use of the

site or service. Additionally, Torched is not liable for damages in connection with (i) any failure

of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in

operation or transmission, computer virus, or line or system failure; (ii) loss of revenue,

anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction

of, unauthorized access to, alteration of, or use of your information or property, regardless of our

negligence, gross negligence, failure of an essential purpose and whether such liability arises in

negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if

Torched has been advised of the possibility of or could have foreseen the damages. In those

states that do not allow the exclusion or limitation of liability for the damages, our liability is

limited to the fullest possible extent permitted by law. In no event shall Torched’s cumulative

liability to you exceed the total purchase price of the service you have purchased from Torched,

and if no purchase has been made by you, Torched’s cumulative liability to you shall not exceed

$100.

THIRD-PARTY RESOURCES

The Site and the Service contain links to third-party websites and resources. You acknowledge

and agree that we are not responsible or liable for the availability, accuracy, content, or policies

of third-party websites or resources. Links to such websites or resources do not imply any

endorsement by or affiliation with Torched. You acknowledge sole responsibility for and assume

all risk arising from using any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages,

settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims

and causes of action, including, without limitation, attorney’s fees, arising out of any breach by

you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall

provide us with such assistance, without charge, as we may request in connection with any such

defense, including, without limitation, providing us with such information, documents, records,

and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or

waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for

convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Torched pertaining to the Site

and Service and supersedes all prior and contemporaneous agreements, representations, and

understandings between us. No waiver of any of the provisions of this Agreement by Torched

shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor

shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in

writing by Torched.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in

writing and sent to info@torchedavl.com.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of

North Carolina as applied to contracts that are executed and performed entirely in North

Carolina. The exclusive venue for any arbitration or court proceeding based on or arising out of

this Agreement shall be Buncombe County, North Carolina. The parties agree to attempt to

resolve any dispute, claim, or controversy arising out of or relating to this Agreement by

mediation, which shall be conducted under the then-current mediation procedures of The CPR

Institute for Conflict Prevention & Resolution or any other procedure upon which the parties

may agree. The parties further agree that their respective good faith participation in mediation is

a condition precedent to pursuing any other available legal or equitable remedy, including

litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this

Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection

with any of the provisions of this Agreement, the successful or prevailing party or parties shall

be entitled to recover reasonable attorney’s fees and other costs incurred in that action or

proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court

of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall

remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns.

These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise

transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: October 2024