Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Fact Shop, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your thefactshop.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify The Fact Shop of any unauthorized uses of your account or any other breaches of security. The Fact Shop will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
By selecting a product for ordering, you agree to pay The Fact Shop the one-time fees indicated (additional payment terms may be included in other communications). Orders may be cancelled within 30 days of payment.
Support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by The Fact Shop to respond within one business day) concerning the use of the Services. All support will be provided in accordance with The Fact Shop standard services practices, procedures and policies.
- Responsibility of Website Visitors. The Fact Shop has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, The Fact Shop does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Fact Shop disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which thefactshop.com links, and that link to thefactshop.com. The Fact Shop does not have any control over those non-The Fact Shop websites and webpages, and is not responsible for their contents or their use. By linking to a non-The Fact Shop website or webpage, The Fact Shop does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Fact Shop disclaims any responsibility for any harm resulting from your use of non-The Fact Shop websites and webpages.
- Copyright Infringement and DMCA Policy. As The Fact Shop asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by thefactshop.com violates your copyright, you are encouraged to notify The Fact Shop in accordance with The Fact Shop’s Digital Millennium Copyright Act (“DMCA”) Policy. The Fact Shop will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Fact Shop will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Fact Shop or others. In the case of such termination, The Fact Shop will have no obligation to provide a refund of any amounts previously paid to The Fact Shop.
- Intellectual Property. This Agreement does not transfer from The Fact Shop to you any The Fact Shop or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Fact Shop. The Fact Shop, thefactshop.com, the The Fact Shop logo, and all other trademarks, service marks, graphics and logos used in connection with thefactshop.com, or the Website are trademarks or registered trademarks of The Fact Shop or The Fact Shop’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Fact Shop or third-party trademarks.
- Changes. The Fact Shop reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Fact Shop may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. The Fact Shop may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your thefactshop.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. The Fact Shop and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Fact Shop nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will The Fact Shop, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Fact Shop under this agreement during the one (1) month period prior to the cause of action. The Fact Shop shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless The Fact Shop, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between The Fact Shop and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Fact Shop, or by the posting by The Fact Shop of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Los Angeles, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Torrance, Los Angeles. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Fact Shop may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.