Terms & Conditions
- Features described or depicted on the Factor 360 (factor360.com) site are subject to change at any time without notice.
- The Site design, and all text, graphics, the selection and arrangement of text and graphics, all software, and all materials displayed on or that can be downloaded from the Site are either the property of, or used with permission by Factor 360, and are protected by copyright and may not be used except as permitted in these Terms and Conditions or in the text on the Site.
- Any other Trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the written permission of Factor 360 or such third party owner. Any unauthorized use of the Site, materials displayed on or that can be downloaded from the Site, or any Trademarks displayed on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and other laws and regulations and civil and criminal statutes.
- Creating or maintaining a hyperlink from another site to any page on this Site other than the home page without Factor 360's permission is prohibited. Running or displaying the Site or any material displayed on or that can be downloaded from the Site in frames on another site without Factor 360's permission is prohibited.
- Your use of the Site is at your risk. Factor 360 does not make any warranties or representations as to its accuracy and Factor 360 specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither Factor 360 nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, the Site and material displayed on or that can be downloaded from the Site is provided to you "AS IS" WITHOUT, AND FACTOR 360. DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
- Factor 360 does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site or your downloading of any materials, from the Site.
- The Site contains hyperlinks to sites that are not maintained by Factor 360. Factor 360 is not responsible for the content of such sites, and Factor 360 does not guarantee the accuracy, validity, legality, or otherwise of such sites or that such sites will not change without our knowledge. Inclusion of a hyperlink on the Site is not and does not imply Factor 360's endorsement of such linked site. The user specifically acknowledges that Factor 360 is not responsible and shall not be liable for any defamatory, offensive, infringing or illegal materials contained in any such linked site.
- Any communication or material you transmit or post to the Site by e-mail or otherwise, including any data, questions, comments, or suggestions, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Factor 360 and its affiliates for any purpose, including without limitation, reproduction, disclosure, transmission, publication, broadcast, and posting. Factor 360 is free to use any ideas, concepts, know-how, or techniques contained in any communication or material that you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
- Although Factor 360. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Factor 360 is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Factor 360 may have at law or in equity, if Factor 360 reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Factor 360 may take any action Factor 360 reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from the Site of the related materials. Factor 360 will fully cooperate with any law enforcement authorities or court order requesting or directing Factor 360 to disclose the identity of anyone posting such materials.
- Factor 360 may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page, to review the then current Terms and Conditions.
- These Terms and Conditions supersede any other agreement between you and Factor 360 to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions shall be governed in all respects by the laws of South Dakota, USA, without giving effect to its rules relating to conflicts of laws.
- Factor 360 attempts to ensure that information on this Web site is complete, accurate and current. Despite our efforts, the information on this Web site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the site. For example, product(s) may be unavailable, they may have different attributes than those listed or they may actually carry a different price than that stated on the Web site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance of any order. We value your business, and we are committed to making your shopping experience an enjoyable one.
- Certain trademarks, trade names and service marks used or displayed on this Web site are registered and unregistered trademarks, trade names and service marks of Factor 360 Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners.
Limitation of Remedies
In no event shall Factor 360 be liable for any special, indirect or consequential damages, whether for breach of contract or warranty, negligence or other tort, on any type of strict liability theory or any other theory of liability.
Without limiting the generality of the foregoing, Factor 360 specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages, damages for lost profits or revenues, loss of use of products or any associated equipment, cost of capital, facilities, services, labor or salaries, downtime, shutdown or slowdown costs, spoilage or materials, or any other type of economic loss. All the limitations and disclaimers contained in the paragraph and in the rest of this contract shall apply to claims of Customer's clients or any third party asserted by Customer against Factor 360 for indemnity or contribution, as well as direct claims of Customer against Factor 360.
Customer shall indemnify Factor 360 against any and all losses, liabilities, damages and expenses (including, without limitation, attorneys fees and other costs of defending any action) which Factor 360 may incur as a result of any claim by Customer or other arising out of or in connection with the products and/or service sold hereunder and based on (a) any modification of the products; (b) product or service defects not proved to have been caused solely by Factor 360's negligence; or (c) in the event of resale, by virtue of Customer's failure to properly disclaim all implied warranties and consequential damages to subsequent purchasers.