PRIVACY POLICY
Your privacy is important to Factora, LLC (“Factora”). This Factora Privacy Policy (“Privacy Policy”) describes how Factora may collect, use, store, disclose, and process your personal information, through your access to or use of Factora products and services, including those at http://www.factorawealth.com, related websites, mobile software applications, and other offerings (collectively, the “Services”). By using these Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Services. Factora may change this Privacy Policy from time to time by posting changes at this URL and may send notification emails. Your continued use of the Services following the posting of such changes will be deemed your acceptance of those changes.
Factora encourages you to read this Privacy Policy in its entirety, but here are a few key points of our privacy practices:
Privacy Policy Applicability
This Privacy Policy applies when you access the Services or share information with Factora, and may be revised at any time.
Information We Collect from You
We collect all information that you provide including information you provide via the Services, your devices (e.g., computers, smartphones, and tablets), telephone and email, as well as information we receive from partners and through the use of cookies and other such technologies.
How We Use Your Information
We process your personal information only with your consent or as needed to provide you Services. We may also use your personal information to comply with legal obligations, operate our business, protect the vital interests of you, our customers, or the public, or for other legitimate interests of Factora as further described below.
How We Share Your Information
We share your information with our partners, service providers, contractors, agents and third party vendors as they need it to fulfill Services or orders, or for other requests you make of Factora. We may also share your information to comply with law or for other legitimate interests.
How We Store and Secure Your Information
Factora may store your information in any country where Factora or its affiliates, partners, or providers operate facilities, and will retain your information as long as necessary for the purposes outlined in this Privacy Policy. Factora takes technological and organizational measures to protect your personal information against loss, theft, and unauthorized access, use, disclosure or modification.
Accessing and Updating Your Information
You can access, get copies of, delete, change or correct your personal information, or request changes to our use of your personal information by using the contact information below.
Additional Privacy Information
Factora’s databases are located in the United States and you consent to the transfer or your personal information from your location to the United States. The Services is not for use by children under the age of 13 years old. You may have additional rights under applicable law. If you have any questions about this privacy policy, please contact us via the information below.
Privacy Policy Applicability
This Privacy Policy applies when you access the Services or share information with Factora, as indicated below. By using the Services, you consent to this Privacy Policy, which may be updated by us at any time. If you do not consent to this Privacy Policy for any reason, please do not use the Services or share your information with us. Please note that this Privacy Policy applies only to the Services, and not to any other third party website linked to or from it, or any third party website in which Factora content or functionality is embedded, including Kajabi and Demio. We do not control the privacy policies or practices of others. You can learn more about Kajabi’s security practices and policies at https://kajabi.com/policies/privacy and you can learn more about Demio’s security practices and policies at https://www.demio.com/privacy-policy.
Information We Collect from You
In general, we receive and collect all information you provide via the Services, including through website input fields (including advertisements and our Wealth Circle application), email (including email campaigns), web chat, or in other such ways. This includes personal information that can identify or relates to you, including but not limited to your first and last name, telephone number, IP, postal, and email addresses. You have the choice on what information to share and the services you want to engage. You can choose not to provide information to us, but in general some information about you is required in order for you to access certain functionality of the Services, such as those mentioned above or for tracking your preferences, subscribing to a newsletter, or initiating other such actions.
We also may periodically obtain information about you from affiliated entities, partners and other independent third-party sources and will add it to our database of information. For example, we may receive information about your interaction with advertisements on third party websites, including updated postal addresses and demographic information.
We may use cookies, log files, web beacons, device identifiers, advertising identifiers and similar tracking technologies, including those from third-party service providers like Google Analytics and other cloud-based tools, to automatically collect your preferences, performance data, and information about your web usage when you visit the Services. For example, we may collect your IP address, device and Internet service provider information, Web browser details and the address of any referring website. This may include collecting geolocation signals from your IP address or device settings to determine your location so that we may operate and personalize the Services for you, including to provide more relevant ads and search results. We may also collect information about your online activity, such as pages viewed and interactions with other users. The Services are not designed to recognize or respond to “do not track” signals received from browsers. You can control the information collected by such tracking technologies or be alerted when cookies are sent by adjusting the settings on your Internet browser or devices, but such adjustments may affect or disable certain functionality of the Services. You can learn more about Google Analytics and your options for opting out of interest-based Google ads at https://adssettings.google.com. You can learn more about targeted ads and your ability to opt out of receiving interest-based ads at optout.aboutads.info and www.networkadvertising.org/choices.
How We Use Your Information
We process your personal information with your consent or as needed to provide you Services. We may also use your personal information to comply with legal obligations, operate our business, protect the vital interests of you, our customers, or the public, or for other legitimate interests of Factora as described in this Privacy Policy.
More specifically, we may use your personal information to:
Optimize and improve the Services - We continually try to improve the Services based on the information and feedback we receive from you, including by optimizing the content on the Services.
Personalize the user experience - We may use your information to measure engagement with the Services, and to understand how you and our other users interact with and use the Services and other resources we provide.
Improve customer service - Your information helps us to more effectively develop the Services and respond to your support needs.
Process transactions - We may use the information you provide about yourself to fulfill your requests and product orders. We do not share this information with outside parties except to the extent necessary to provide the Services, fulfill orders, and related activities.
To send periodic communications - The contact information you provide through our contact forms or any of your social media accounts will be used to send information and updates pertaining to the Services. These may also be used to respond to your inquiries or other requests. If you opt in to our mailing list, you may receive emails that include Factora news, updates, related product offerings and service information, and marketing material. If at any time you would like to unsubscribe from receiving future communications, we include detailed unsubscribe instructions at the bottom of each email or you may contact us via the contact information below.
How We Share Your Information
We share your information with our partners, service providers, contractors, agents and third party vendors as needed to fulfill Services. Please note that our partners may contact you as necessary to obtain additional information about you, facilitate any use of the Services, fulfill orders, or respond to a request you submit.
Third-party vendors who provide product, services or functions on our behalf may include business analytics companies, customer service vendors, communications service vendors, marketing vendors, delivery, parcel, and transportation vendors, and security vendors. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of the Services, facilitate the delivery of orders, or provide online advertising tailored to your interests. Third-party vendors have access to and may collect personal information only as needed to perform their functions, may only use personal information consistent with this Privacy Policy and other appropriate confidentiality and security measures, and are not permitted to share or use the information for any other purpose.
We also may share your information:
In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, interests, or safety of our company or the Services, our customers, or others; or in connection with our Terms of Service and other agreements.
In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, we will attempt to notify you when your personal information will be shared with third parties.
Personal Information You Post in Public Areas. When you post a message in a Factora forum, chat room, review, or customer feedback, the information you post may be accessible to other users of the Services and the public. If you post personal information anywhere on the Services that is accessible to other users or the public, you are advised that such personal information can be read, collected, used, or disseminated by Factora for marketing purposes or others and could be used to send you unsolicited information or for other purposes. Accordingly, you assume full responsibility for posting such information and agree that Factora is not responsible in any way for personal information you choose to post in these public areas.
Aggregated Information. We may publish, share, distribute, or disclose personal information that has been aggregated with information from other users or otherwise de-identified in a manner that does not allow such data about you to be separated from the aggregate data and identified as originating from you, to third parties, including Factora partners, sponsors, and advertisers. Such information may help Factora identify and analyze training, demographic, and psychographic trends and information, and report to third parties how many people saw, visited, or clicked on research purposes.
How We Store and Secure Your Information
Personal information collected by Factora may be stored and processed in your region, in the United States, and in any other country where Factora or its affiliates, subsidiaries, or service providers operate facilities. Factora will retain your information as long as necessary for the purposes outlined in this Privacy Policy and for a commercially reasonable time thereafter for backup, archival, fraud prevention or detection or audit purposes, or as otherwise required by law.
Factora takes technological and organizational measures to protect your personal information against loss, theft, and unauthorized access, use, disclosure or modification. For example:
we transmit data over secured communication channels using SSL Login credentials, and
all systems used to provide the Services are password protected.
Factora uses Stripe, SamCart and PayPal for payment, analytics and other business services. Stripe, SamCart and PayPal collect identifying information about the devices that connect to each of their services. Stripe, SamCart and PayPal use this information to operate and improve the services they provide to Factora, including for fraud detection. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy. You can learn more about SamCart and read its privacy policy at https://www.samcart.com/privacy-policy. You can learn more about PayPayl and read its privacy policy at https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
Factora complies with applicable data protection laws, including applicable security breach notification requirements.
Accessing and Updating Your Information
To the extent provided by the law of your jurisdiction, you may (i) have the right to access certain personal information we maintain about you and request details about how we process it, (ii) request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, (iii) request that we update or correct inaccuracies in that information, (iv) object to our use of your personal information, (v) ask us to block or delete your personal information from our database, and (vi) request to download the information you have shared on the Services. You may make these requests and any other inquiries about this Privacy Policy by emailing info@factorawealth.com. Any such requests are subject to the protection of other individuals’ rights and applicable law. Additionally, to help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your personal information that we maintain.
Additional Privacy Information
Data Transfer. Our databases are currently located in the United States. Factora makes no claim that its Services are appropriate or lawful for use or access outside the United States. If you access the Services from outside the United States, you are consenting to the transfer of your personal information from your location to the United States. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and access to the Services. By sending us your information, you further consent to its storage within the United States.
Collection of Data from Children. The Services are not directed to children, and you may not use the Services or provide any personal information to Factora if you are under the age of 13 or if you are not old enough to consent to the processing of your personal information in your country.
Your California Privacy Rights. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please e-mail us or write to us at the addresses below.
How to Contact Us. You can e-mail us at info@factorawealth.com. Depending on where you are located, you may also have a right to complain to your local data protection regulator.
TERMS OF SERVICE
ACCEPTANCE OF TERMS
Factora LLC (“Factora”) provides the technology-enabled services, including the websites at https://factorawealth.com and https://factora.mykajabi.com, any other URL extensions extending therefrom, any Mobile Apps (as defined below), the Company’s Facebook, Instagram, and other social media pages, and the Company’s Slack channel, and other related software, content and services, including all versions and upgrades thereto (collectively, the “Services”). Your use of the Services is subject to and governed by the terms and conditions in this Terms of Service (“TOS”). Factora may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by Factora.
PLEASE REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES.
THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 13 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this TOS; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
RIGHTS
a) Grant. Subject to and conditioned on your compliance with this TOS, Factora hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Services only for your personal, non-commercial use. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Factora.
b) Mobile Apps. Factora may make available mobile software applications for access to and use of certain components of the Services (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to and governed by this TOS. If any Mobile App is downloaded by you from the iTunes App Store (each, an “iOS Mobile App”), your use of such iOS Mobile App is further subject to your compliance in all material respects with the terms and conditions of the Usage Rules set forth in the iTunes App Store Terms of Service. If any Mobile App is downloaded by you from the Google Play Store (each, an “Android App”), you use of such Android App is further subject to your compliance in all material respects with terms and conditions of the Terms of Service set forth in the Google Play Terms of Service. This TOS is between you and Factora only, and not with Apple Inc. (“Apple”), Google LLC (“Google”) or any other app store provider, and neither Apple nor Google is not responsible for iOS Mobile Apps or Android Apps, as applicable, and the contents thereof; however, Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third-party beneficiaries of this TOS with respect to iOS Mobile Apps or Android Apps, as applicable.
c) Trademarks. You may not use the Factora name, brands, designs, slogans, trademarks, service marks and logos that Factora makes available on the Services, including but not limited to, “Factora,” “Wealth Circles,” “Factora Wealth Circles” and “Factora Wealth” (“Marks”). Factora claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Factora. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to Factora’s benefit.
PRIVACY POLICY
In addition to this TOS, the Factora Privacy Policy (“Privacy Policy”) applies to how Factora may process information provided as part of the Services. You acknowledge and agree that by accessing or using the Services, Factora may receive certain information about you, including personal data, as set forth in the Privacy Policy, and Factora may collect, use, disclose, store, share, and process such personal data in accordance with such Privacy Policy.
PROPRIETARY RIGHTS
a) You grant Factora and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made all content (in any form and any medium, whether now known or later developed) that you provide in connection with the Services. You acknowledge and agree that the technical processing and transmission of data associated with the Services, may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices.
b) The Services provided to you hereunder or available to you through the Services are licensed, not sold, and Factora retains and reserves all rights not expressly granted in this TOS. You acknowledge and agree that, as between you and Factora, Factora and its licensors owns all rights, title and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. Factora reserves all rights not expressly granted to you in this TOS.
c) You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account. You agree to notify Factora immediately of any unauthorized use of your account or password or any other similar breach of security. If your account remains inactive for three months or longer, Factora reserves the right to suspend or terminate your account, with or without notice to you, and delete your content all without liability.
USER CONDUCT AND RESTRICTIONS
a) In your use of the Services, you will not:
use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOS;
reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services;
interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services;
provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet "links" to the Services or "frame" or "mirror" the Services on any other server, or wireless or Internet-based device;
access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services;
violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;
remove or obscure any proprietary notice that appears within the Services;
impersonate any person or entity, including Factora personnel, or falsely state or otherwise misrepresent your affiliation with Factora, or any other entity or person;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure; or
use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services.
b) You will not: upload, post, email, store, transmit, or otherwise make available any content that:
is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;
contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
contains infringing, libelous, or otherwise unlawful or tortious material; or
consists of information that you know or have reason to know is false or inaccurate.
c) To the extent it is questionable whether your conduct or content violates this Section 5, Factora reserves the right to make the final decision regarding whether a violation has occurred.
d) Factora’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOS by Factora, and does not create a private right of action for any other party.
e) Factora reserves the right to (i) remove or refuse to post any content for any or no reason in Factora’s sole discretion, (ii) take any action that Factora deems is necessary or appropriate in its sole discretion, with respect to any content uploaded to the Services, (iii) take appropriate legal action with respect to any illegal or unauthorized use of the Services, and (iv) terminate or suspend your access to all or part of the Services with not prior notice and for any or no reason, including without limitation, any violation of these TOS.
SALES AND DELIVERY TERMS
a) Risk of Loss. All purchases of physical items from Factora are made FOB Carrier. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Shipping. Shipping and delivery dates are estimates only and cannot be guaranteed. Factora is not responsible for any delays in shipments.
Returns, Refunds and Title. Unless a return policy is posted on the Services at the time of your purchase, the sale of all items is final and non-returnable.
Product Descriptions. Factora attempts to be as accurate as possible; however; Factora does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. If a product offered by Factora itself is not as described, your sole remedy is to return it in unused condition.
Pricing. "List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices as provided by our suppliers. Certain products may have a "Was” price displayed, which is determined using recent price history of the product on the Services. With respect to items sold by Factora, we cannot confirm the price of an item until you complete your order. Despite our efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Payment. Customer shall pay all agreed upon fees for all products ordered through the Services as set forth in the order confirmation page (“Fees”) in accordance with terms set forth herein and any additional terms set forth on the Services. You hereby authorize Factora to charge your credit card on file for all Fees that have become due and payable.
Taxes. Unless otherwise noted, items sold by Factora are subject to state and local sales tax in accordance with applicable laws. Factora may not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities. The sales tax indicated on the checkout page is an estimate. The sales tax ultimately charged to your credit card will be calculated when your credit card charge is authorized and will reflect applicable state and local taxes.
Deferral Not Permitted. You understand that when you purchase any educational course or session on the Services that includes an interactive teaching component and has a designated start and/or regular meeting dates, (i) you cannot choose to defer your purchase to a later time or date and (ii) you cannot receive a refund if you are unable to attend the applicable course on the specified time(s) and date(s).
FEEDBACK AND POSTS
If you elect to provide or make available to Factora any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), Factora shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
The Services may include or provide access to third party products, services, content, or offerings, including advertising for such (“Third Party Services”). You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and that terms and policies are solely between you and the advertiser or other third party. You agree that does not endorse and is not responsible or liable for any issues related to Third Party Services.
INDEMNIFICATION
You shall indemnify and hold Factora and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Factora Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to extent resulting from or arising out of any third party claim, demand, or action due to (a) content you provide to Factora; (b) your violation of this TOS, any law or regulation, or any rights (including intellectual property rights) of another party; or (c) your use of the Services, except as expressly permitted in this TOS.
DISCLAIMER OF WARRANTIES
a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Factora PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
b) FACTORA PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.
c) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION. FACTORA PARTIES DO NOT MAKE ANY CLAIM, GUARANTY OR WARRANTY THAT ANY INFORMATION, PROGRAM OR CONTENT ON THE SERVICES IS EFFECTIVE FOR OR APPROPRIATE FOR YOUR CIRCUMSTANCES AND NEEDS.
d) THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
FURTHER DISCLAIMER REGARDING EARNINGS POTENTIAL AND INTENDED USE
a) THE SERVICES ARE INTENDED FOR USE ONLY BY PERSONS IN THE UNITED STATES.
b) NOTHING ON THE SERVICES IS INTENDED TO BE FINANCIAL OR LEGAL ADVICE AND FACTORA IS NOT AN INVESTMENT ADVISORY SERVICE, ACCOUNTING SERVICE OR TAX ADVISOR.
c) THE SERVICES ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS OR ANY SPECIFIC RESULT. FACTORA CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL AS A RESULT OF USE OF THE SERVICES. FACTORA IS NOT RESPONSIBLE FOR ANY ACTIONS YOU TAKE OR DECISIONS YOU MAKE REGARDING ANY INFORMATION OR CONTENT PRESENT ON THE SERVICES.
LIMITATION OF LIABILITY
a) FACTORA PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF Factora PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL Factora PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR CONTENT EXCEED THE AMOUNT PAID BY YOU TO Factora FOR ACCESS TO THE SERVICES WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE.
b) THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SUSPENSION AND TERMINATION
a) Either party may terminate this TOS at any time. If you are involved in a membership program on the Services, either you or Factora can cancel your participation at any time and for any reason. Except for refunds specified and posted by Factora on this TOS or the Services in connection with any particular membership program, Factora does not offer refunds for payments made.
b) If you violate this TOS, Factora may, with or without notice to you, immediately suspend or terminate your access and use of the Services.
c) Factora reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and Factora shall not be liable to you or any third party for any such modification or discontinuance;
d) Upon termination of this TOS for any reason: (i) Factora, in its sole discretion, may remove and discard your content and information; (ii) you will immediately cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination. Further, you agree that that Factora shall not be liable to you or any third party for any termination of your account or access to the Services.
GOVERNING LAW
This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.
BINDING ARBITRATION AND CLASS ACTION WAIVER
a) ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
b) The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
c) WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
d) Notwithstanding anything to the contrary, you and Factora may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 13.
e) If Factora implements any material change to this Section 13, such change shall not apply to any Claim for which you provided written notice to Factora before the implementation of the change.
LEGAL COMPLIANCE
You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where Licensed Material is delivered or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.
U.S. GOVERNMENT ENTITIES
This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOS with respect to the such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide Factora’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you 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 (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are 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, please contact Factora’s Agent for Notice of Copyright Claims. Factora’s Agent for Notice of Copyright Claims can be reached at: Agent for Notice of Copyright Claims, 5900 Balcones Drive, Suite 100, Austin, TX, 78731. Email: info@factorawealth.com
CALIFORNIA USERS & RESIDENTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
GENERAL PROVISIONS
This TOS constitutes the entire agreement between you and Factora concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Factora with respect to such subject matter. In the event of any conflict between or among this TOS and any end user license agreement, privacy policy or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern. This TOS may not be amended by you except in a writing executed by you and an authorized representative of Factora. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of Factora. The failure of Factora to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by Factora hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.