Terms of Service
Last updated: 14 March, 2018
By accessing, browsing or using this website or any of the services provided by this website ("Site" and "Services" respectively), you are agreeing to comply with and be bound by the following Terms of Service (the "Terms"), including all terms and conditions incorporated by reference. Please read and review these Terms carefully before using the Site or any of the Services provided by File Factor Inc, its subsidiaries and affiliates (hereafter, "File Factor Inc"). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE OR ANY OF THE SERVICES PROVIDED BY THIS WEBSITE.
File Factor Inc may, without notice to you, at any time and for any reason amend these Terms and any other information contained on the Site. The latest Terms will be posted on the Site and you should review the Terms prior to using the Site or any of the Services provided by the Site. Your continued use of the Site or any of the Services provided by the Site after any changes of these Terms are posted will be considered acceptance of those changes.
The Site and the Services provided by the Site; past, present and future versions; all pages found within the Site; the material and information on the Site; all graphics, text, images, audio, video, designs, copy, articles, artwork, any and all copyrightable material and all other materials contained on the Site (hereafter, the "Content"), trademarks, domain names, and other distinctive brand elements, whether registered or not, are owned, controlled and licensed by or to File Factor Inc, and are protected by intellectual property laws, including but not limited to copyright, trademark, trade dress, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Site, Services or Content, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any specific notices contained on the Site. All rights not expressly granted are reserved.
Infringement Complaints and Notices: You may not use the Site, Services or Content for any purpose or in any manner that infringes the rights of any third parties. File Factor Inc encourages you to report any content contained on or within the Site or Service that you believe infringes your copyright.
You agree not to use the Site or Services to upload, post, transmit or otherwise make available any content that:
(i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable;
(ii) constitutes unauthorized disclosure of personal or confidential information;
(iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party;
(iv) contains computer viruses, malware, spyware, files or programs designed to impede or destroy the functionality of any computer software or hardware, software designed for phishing or otherwise to obtain sensitive personal or financial information.
You also agree not to use the Site or Services to:
(i) impersonate an emplyee, agent, officer or representative of File Factor Inc, its divisions and subsidiaries;
(ii) misrepresent your identity or affiliation with a person or entity;
(iii) send bulk mail, spam and other unsolicited and unauthorized communication;
(iv) attempt to gain access to any portion or feature of the Site and Services or any other system or networks connected or otherwise associated with the Site or Services, including but not limited to accounts not owned by you;
(v) obtain or attempt to obtain any information, materials, documents or other Content not purposely made available by File Factor Inc through the Site or Services;
(vi) attempt to interfere with the proper working of the Site or Services or any transaction being conducted on the Site or Services or to restrict or inhibit any other user from accessing or using the Site or Services, by means of hacking, cracking or defacing any portion of the Site or Services;
(vii) violate any applicable local, state, federal or international law, including without limitation regulations by the U.S. Security and Exchange Commissions and the Office of Foreign Assets Control.
Your use of and access to the Site and Services, File Factor Inc, its divisions, subsidiaries and Content originating from the Site, Services or Content, is at your sole risk. The Site and Services are provided for informational purposes only on an "AS IS" and "AS AVAILABLE" basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for a particular purpose. File Factor Inc makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Content, Site and Services. File Factor Inc further makes no representations, warranties or guarantees that the quality and reliability of any information, and Services obtained from the Site, will meet your expectations and requirements. You assume all risk and responsibility for any loss or damages whatsoever to your computer system, data and business arising out of your use of the Site, Services and Content.
4. Limitation of Liability
You expressly understand and agree that File Factor Inc SHALL NOT BE LIABLE to you for:
(i) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Site or Services, or any changes made to the Site or Services, or any temporary interruption or permanent cessation in the provision of the Site or Services, or, if applicable, your failure to safeguard your account details, passwords or otherwise identifying information.
(ii) to the full extent permitted by law, File Factor Inc is not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of the Site or Services, including without limitation for loss or damage to business, revenues, goodwill or data, even if File Factor Inc had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.
You agree to indemnify and hold File Factor Inc, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys' fees, made by any third party arising from or relating to:
(i) your use of and access to the Site or Services;
(ii) materials you submit, post, transmit or otherwise make available via the Site or Services;
(iii) your violation of these Terms or Service specific Terms.
This indemnification obligation will survive the termination of your File Factor Inc account or these Terms.
These Terms constitute the agreement between you and File Factor Inc relating to your use of and access to the Site, Services and Content. You may also be subject to Service specific Terms. Florida law and U.S. federal law shall govern any action related to the Terms and your use of the Site, Services or Content, without regard to the choice of law rules. In any dispute between you and File Factor Inc, you agree to submit to personal and exclusive jurisdiction of the courts located in Palm Beach County, Florida, U.S.A. In the event of any violations of these Terms, File Factor Inc reserves the right to disable your access to the Site, Services and Content, partially or in full, and seek all remedies available by law and equity.