PLEASE READ THESE TERMS CAREFULLY AS by accessing, browsing and/or using Factoreal Web Site ("Site"), you agree to follow and to be bound by the following terms and conditions ("Terms of Use") and our Privacy Policy. If you do not agree to these terms, do not use this Site.

• Use of Site
  You may download and view documents, graphics, artwork or other materials contained on this Site (collectively, "Materials") providing that you use the Materials solely for personal, informational, non-commercial purposes and you do not modify and/or alter the Materials in any way. With exception where your use of the Materials constitutes "fair use" under copyright law, you may not otherwise download, upload, use, copy, display, print, perform, reproduce, publish, license, post, transmit and/or distribute any information from this Site, in part or in whole, without the prior written permission of Factoreal.

• Use of Software
  If you download or otherwise obtain software from this Site ("Software"), any use of the Software and accompanying documentation is subject to the terms of a software license agreement ("License") associated with the Software. Prior to installing or using the Software you must read the License and agree to its terms.

• Disclaimer
  THIS SITE AND ALL MATERIALS, SOFTWARE, PRODUCTS AND/OR SERVICES ON THIS SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FACTOREAL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESSED, IMPLIED AND STATUTORY WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FACTOREAL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES OF ANY KIND RELATING TO THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, ABSENSE OF ERRORS, ABSENSE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT, SECURITY OR TIMELINESS OF ANY PRODUCTS, SERVICES, SOFTWARE, CONTENT, DATA OR OTHER MATERIALS PROVIDED ON THE SITE.

• Limitation of Liability
  IN NO EVENT SHALL FACTOREAL, ITS AFFILIATES, ITS SUPPLIERS OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE DAMAGES FOR BUSINESS INTERUPTION AND/OR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEPENDING ON YOUR JURISDICTION, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

• Indemnity
  You agree to defend, indemnify and hold harmless Factoreal, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, obligations, costs, debts, losses or expenses, including but not limited to reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.

• User Submissions
  Any information, material, content or other communication you submit to Factoreal by emailing, publishing, posting, uploading or otherwise transmitting ("Communication") shall be considered non-confidential and non-proprietary. You are prohibited from submitting any Communication that is (a) threatening, harassing, hateful, defamatory, (b) obscene, libelous, pornographic, (c) false or misleading, (d) infringes on another's rights, (e) constitutes unsolicited e-mail, "spam" or "junk mail", (f) constitutes advertisement, promotion, solicitation of funds or business, (g) violates any applicable laws or regulations. Factoreal shall have no obligations regarding any of the Communications. By submitting a Communication to Factoreal, you automatically grant, or warrant that the owner of such rights has expressly granted, Factoreal a non-exclusive, perpetual, irrevocable, royalty-free, world-wide, unfettered license and right to use, edit, publish, distribute, modify, reproduce, adapt, translate, make derivative works of, sublicense and/or transmit the Communication, in whole or in part, in any form, medium or technology, now known or later developed, for any and all commercial and non-commercial purposes.

• Applicable Laws
  Any legal proceeding or action relating to your access to and/or use of the Site shall be instituted in a state or federal court in the city of New York or New York County. The U.S. federal law or the laws of the State of New York shall govern all matters relating to your access to and/or use of the Site.

• Export Control
  By accessing and/or using any part of the Site, you agree to comply with all applicable export laws, restrictions and regulations of any U.S. or foreign agency or authority, and not to provide, export or re-export, directly, indirectly or otherwise, the Factoreal products, services and/or other Materials available at the Site in violation of any such restrictions, laws or regulations, or without all necessary approvals. The Site may contain references to products and/or services that are not available in all countries.

• Passwords and Termination of Use
  If you are given a password or passwords ("Passwords") to access this Site, you agree to be responsible for: (a) maintaining the confidentiality of your Passwords, (b) all activities that occur under your Passwords and (c) notifying Factoreal immediately of any unauthorized use of your Passwords. Factoreal reserves the right to terminate your access to the Site at any time, by its sole discretion.

• Links to Third Party Web Sites and Content
  The Site may provide links to other web sites and access to content from, including, but not limited to, Factoreal's affiliates, suppliers, partners. You agree that Factoreal is not responsible for: (a) any content, products, services and/or other materials provided by third party web sites and their availability, (b) truthfulness, accuracy or quality of any third party materials and/or offerings and (c) any losses of any kind you may incur as a result of dealing with any third party.

• Copyright/Trademark Notice
  Copyright 2005 Factoreal. All rights reserved.

  Unless noted otherwise, product names, service names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights or other property of Factoreal ("Factoreal's Intellectual Property"). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Factoreal's Intellectual Property displayed on the Site without the prior written permission of Factoreal. All other registered and unregistered trademarks are the property of their respective owners.

• Terms of Use and Privacy Policy Updates
  Factoreal may revise these Terms of Use and the Privacy Policy at any time without notice. Please review the Terms of Service and Privacy Policy from time to time.