07/09/15

It is important to us that you not only enjoy your experience using this Site, but that you know your rights and obligations. These Terms of Use will govern your use of this Site. Please read them carefully before engaging with this Site because they affect your legal rights and obligations.

Your Acceptance of These Terms of Use

If you do not agree with any of the terms below, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms of Use, which include Privacy and Trademark and Copyright Notices. Factorialist may revise these Terms of Use at any time, with or without notice, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. You can determine when the Terms of Use were last revised by referring to the “Last Revised” date under the title of the Terms of Use. Changes to the Terms of Use will not be applied retroactively. You understand and agree that Factorialist may discontinue or restrict your use of the Website at any time for any reason, or no reason, with or without notice.

How To Contact Us

This Site is owned and operated by Try This Industries, LLC. In all subsequent provisions, the terms “This Site” or “Factorialist” shall be used interchangeably, and are meant to include www.factorialist.com and Try This Industries, LLC.

Please forward any comments or complaints about the Site to:contact@factorialist.com

Privacy Notice

Your privacy is extremely important to us. To better protect your privacy, we have provided a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. Click here to read this notice, which forms part of these Terms of Use.

Community Standards

This Site is designed to be educational and entertaining. Insofar as users are able to leave comments on this Site, we ask that you respect others while doing so. Posts that include or link to private or confidential information about others, make disrespectful or offensive comments, are obscene, racist, harassing, threatening, disparaging, disruptive to the flow of conversation, infringe on intellectual property rights, advocate illegal activity, advertise a commercial endeavor, solicit funds, include programs or websites that install viruses, or violate the law in any way will be removed at the sole discretion of Factorialist

Factorialist retains the right to both allow and to discontinue allowing users to provide comments and/or additions in other media forms to this Site at any time and without notice.

Trademark & Copyright Notice

This Site contains materials protected by copyrights, patents, trade secrets and registered or unregistered trademarks owned by Factorialist or third parties. Factorialist ensures that such materials are posted on this Site only with prior approval of the copyright or trademark holder. You acknowledge that by using this Site you will refrain from using materials posted on Factorialist in a way that violates their corresponding copyrights or trademark rights. Any materials featured on Factorialist are for your non-commercial entertainment use only, and you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content from this Site for any purpose without the prior written authorization of Factorialist. Factorialist reserves all rights not expressly granted in and to the content on the Factorialist Website.

Permissions And Restrictions Related to the Use of This Site

A. In your use of this Site you will comply with all applicable laws.

B. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses this Site in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Factorialist grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. Factorialist reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from this Site, nor to use the communication systems provided by Factorialist (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of this Site with respect to their Content. Do not send, create or reply to “mailbombs” (emailing copies of a single message to many users) or engage in “spamming” (unsolicited emailing for business or other purposes).

C. Factorialist reserves the right to discontinue any aspect of this Site at any time.

D. You agree not to circumvent, disable or otherwise interfere with security-related features of this Site, including features that prevent or restrict use or copying of content or enforce limitations on use of this Site or the Content therein.

E. You understand that when using this Site you will be exposed to content from a variety of sources, and that Factorialist is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that you may find or that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Factorialist with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Factorialist, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of this Site.

User Submitted Content

A. To the extent that you may submit content to this Site you waive any confidentiality with respect to the content you submit.

B. You shall be solely responsible for any content that you submit and publish on this Site and you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any content that you submit. You further license to Factorialist all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on this Site pursuant to these Terms of Use.

C. Any and all individual(s) who provide content for this Site retain the ownership rights to their content, however, by submitting such content, grant Factorialist a worldwide, non-exclusive, royalty-free, sub-licensable and transferable worldwide license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in any media formats and through any media channels. Any and all individual(s) who provide content for this Site also hereby grant each user of this Site a non-exclusive license to access the content and to use and share such content as permitted through the functionality of this Site under these Terms of Use. The above licenses granted by any user as to the content and comments submitted to this Site are perpetual and irrevocable.

D. As an individual who provides content for this Site you further agree that (i) any content submitted to this Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Factorialist all of the license rights granted herein; and (ii) you will not submit to this Site any Content or other material that is contrary to the Community Guidelines set forth above, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

E. Factorialist does not endorse any content submitted to this Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Factorialist expressly disclaims any and all liability in connection with content. Factorialist does not permit copyright infringing activities and infringement of intellectual property rights on this Site and will remove all content if properly notified that such content infringes on another’s intellectual property rights. Please use the provided link to report any such infringement. Factorialist also reserves the right to remove Content without prior notice.

Third Party Websites

This Site may provide link(s) or link you to other sites on the Internet. Factorialist has no control over those sites and is not responsible for the accuracy, legality, decency, or any other aspect of the content of such sites. Including a link does not imply endorsement of any site by Factorialist. Further, Factorialist disclaims any warranty for products or services offered on such linked sites, nor does Factorialist guarantee the security of your private information on such sites. You waive any claim against us with respect to such sites. Please use your sound judgment when proceeding to a third party site.

Contributions

Contributions to this Site are welcome and appreciated. However, this Site is owned and operated by Try This Industries, LLC, which is not a qualified charitable organization, accordingly, contributions made by you are not considered donations for purposes of taxation. Contributions may be made by clicking the corresponding link on the Site, which will redirect you to PayPal to complete a transaction. See our policy above concerning our warranty with respect to third party websites.

Permitted Users And Ability To Accept Terms

This Site is not intended for children under 13. If you are under 13 years of age, you agree not to use this Site and refrain from commenting on any material. Please consult your parents or guardians for other appropriate websites. Some content on this Site may contain adult language or material and be unsuitable for persons under the age of 18. If you view such materials on this website, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any content contained in this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

    (iv) Information reasonably sufficient to permit the service provider to contact you, such as a mailing address, telephone number, and, if available, an electronic mail address;

    (v) A statement 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

    (vi) A statement 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.

    (vii) Factorialist’s designated Copyright Agent to receive notifications of claimed infringement is XXXX. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Factorialist’s customer service through contact@factorialist.com.

    (viii) You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Warranty Disclaimer

BY USING THE FACTORIALIST WEBSITE, YOU AGREE THAT YOUR USE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FACTORIALIST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FACTORIALIST WEBSITE AND YOUR USE THEREOF. FACTORIALIST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, OR THE CONTENT OF SITES THAT DISPLAY SUCH CONTENT AS A RESULT OF USER SHARING, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. FACTORIALIST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FACTORIALIST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation Of Liability

A. IN NO EVENT SHALL FACTORIALIST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE’S SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

B. YOU SPECIFICALLY ACKNOWLEDGE THAT FACTORIALIST SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

C. THE SERVICE IS CONTROLLED AND OFFERED BY FACTORIALIST FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. FACTORIALIST MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Indemnity

A. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Factorialist, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content of this Site caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of this Site.

Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Factorialist without restriction.

Jurisdiction and Dispute Resolution

You agree that: (i) Factorialist shall be deemed solely based in California; and (ii) this Site shall be deemed a passive website that does not give rise to personal jurisdiction over Factorialist, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.

Any dispute of any kind between you and any member of Factorialist arising under these Terms of Use shall be resolved in San Francisco, California.

Mediation and Arbitration

All disputes arising out of this agreement shall be submitted to mediation in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts.

If mediation is not successful in resolving all disputes arising out of this agreement, those unresolved disputes shall be submitted to final and binding arbitration. The arbitrator shall be selected in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If such services are not available, the dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator’s award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.