FactorFactory.com Terms of Service ("Agreement")
This Agreement was last modified on March 28th, 2015.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using https://www.factorfactory.com and https://engine.factorfactory.com ("the Site") operated by FactorFactory LLC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.factorfactory.com and https://engine.factorfactory.com
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by FactorFactory LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by FactorFactory LLC.
FactorFactory LLC grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.
Limitation Of Liability
In no event shall FactorFactory LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arrising from your violation of any third-party's rights.
Users agree not to use the Websites or Services to:
- Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
- Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
- Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Intimidate or harass another;
- Use or attempt to use another’s account, service, or personal information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
- Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
- Use any means to bypass or ignore robots.txt, or other measures we use to restrict access or use of the Websites or Services;
- Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- Post or transmit any personally identifiable information about persons under 13 years of age.
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.
Terms Relating to Content on the Websites and Services.
- Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that we do not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Websites and Services. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances are we liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
- Licenses Associated With Content on the Websites and Services.
- All Content (other than computer software) owned by us and made available by us on the Websites or through the Services is protected by copyright, unless marked otherwise.
- Third Party Content: Third Party Content and Third Party Websites that we link to or embeds in the Websites or that are provided through the Services, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that we supply, as a courtesy we will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites; provided, however, that we cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS. We encourage you to always verify the license of any such Content before use.
- Content You Provide.You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. We may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that we determine violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. We do not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize us to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and we will take reasonable steps to promptly remove such Content; provided, however, that we can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to our email list. If you choose to remove your Content, the license you granted when submitting such Content will remain in full force and effect in accordance with its terms.
- Use of Content on the Website or Services.You may use the Content you find on the Websites or Services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to us that you will use any and all Content on our Websites or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do.By using the Websites or Services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. We do not guarantee that Content made available on the Websites or Services does not infringe the rights of any third party.
Third Party Websites and Content; Links.
The Websites or Services may contain links to websites not controlled by us (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than us (“Third Party Content”). You acknowledge that we are not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears a FactorFactory LLC license. You further acknowledge that we (a) are not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) have not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) have not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) make no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
Participating in Our Community: Registered Users
Registering for an account on any of the Websites, including but not limited to the engine.factory.com site (located at http://engine.factorfactory.com) and support (located at http://www.factorfactory.com) is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Master Terms. By registering for an account on any of the Websites or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms and any applicable Additional Terms.
Services offered to Registered Users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website. FactorFactory LLC reserves the right to modify or discontinue the accounts of Registered Users and related Services at any time. FactorFactory LLC disclaims any and all liability to Registered Users and third parties in the event we exercise our right to modify or discontinue user accounts or related Services.
Registration; Security. You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to us, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that we have up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.
No Membership in FactorFactory LLC. As used in these Master Terms, “Registered User” means a person who has registered and obtained an account on one of our Websites. Becoming a Registered User or using any of the related Websites or Services does not and shall not be deemed to make you a member, shareholder or affiliate of FactorFactory LLC for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws of Pennsylvania.
Termination; Termination and Inactivation of User Accounts. Your participation as a Registered User and use the related Services terminates automatically upon your breach of any of these Master Terms or applicable Additional Terms.
In addition, FactorFactory LLC may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Websites and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as we deem appropriate in our discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by FactorFactory LLC at any time and for any reason whatsoever, without notice.
In addition, we reserve the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by FactorFactory LLC in its complete discretion.
Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
FactorFactory LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Pennsylvania, United States, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If there are any questions regarding these terms you may contact us using the information below.
4720 Gettysburg Rd, Suite #201B
Mechanicsburg, PA 17055