The following FactuaLabs Terms & Conditions of Use (“Terms and Conditions”) are inclusive of the FactuaLabs Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
The Site Offerings (as defined below) are available only to individuals who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdiction) and can enter into legally binding contracts under applicable law (collectively, the “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdiction) and individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings. By accessing the Site and/or using any of the other Site Offerings, you represent and warrant that you satisfy all of the Usage Requirements.
1. General. Thank you for visiting the FactuaLabs website located at www.FactuaLabs.com (the “Site”). The Site is an Internet property of Global Response Partners, LLC “FactuaLabs” (“FactuaLabs,” “we,” “our” or “us”). You agree to the terms of the Agreement in their entirety, when you access or use the Site and/or utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, FactuaLabs (collectively, the “Contact Services,” and together with the Site, the “Site Offerings”). PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM WHATSOEVER.
2. Site Offerings. The Site Offerings provide end-users with informational and opinion content and a means of contacting FactuaLabs.
6. Scope of the Agreement; Modification. The Agreement constitutes the entire and only agreement between you and FactuaLabs with respect to your use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. FactuaLabs may amend the Agreement from time to time in its sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using any Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
Unless explicitly stated otherwise, any future offer(s) made available to you through the Site Offerings that augment(s) or otherwise enhance(s) the current features of the Site Offerings shall be subject to the Agreement. If FactuaLabs terminates the Agreement for any reason, FactuaLabs shall have no liability or responsibility to you. You understand and agree that refusal to use the Site Offerings is your sole right and remedy with respect to any dispute with FactuaLabs. The Agreement only governs your use of the Site Offerings.
7. Registration; Contact Services. Where you attempt to utilize the Contact Services you may be required to submit, and FactuaLabs may collect, some or all of the following information: (a) your e-mail address; (b) your full name; (c) your telephone number; and (d) your mailing address and any other information collected via the applicable Contact Services form (collectively, “Contact Data”).
Upon entering Contact Data and clicking on the applicable submission button on the Site you may be contacted by FactuaLabs. Without limiting the foregoing in any way, where you provided “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you may be contacted by FactuaLabs regarding your request via telephone, including artificial voice calls, pre-recorded messages and SMS text messaging.
Where FactuaLabs contacts you in connection with your submission of Contact Data, a FactuaLabs representative may request additional information over the telephone (collectively, “Follow-Up Data,” and together with the Contact Data, the “User Data”). You agree to provide true, accurate, current and complete User Data. FactuaLabs’ use of User Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
9. Text Messages. Where you provide “prior express written consent” within the meaning of the TCPA, you consent to receive SMS messages from FactuaLabs. You may receive a maximum of nine (9) such SMS messages per calendar month. Standard message and data rates may apply to any SMS/text messages. Text “STOP” to opt-out from future messages. No other words or combination of words will achieve a successful opt out result. You may text “HELP,” or email us at info@FactuaLabs.com, for help. We shall not be liable for delayed or undelivered messages. Message & date rates may apply.
Active keywords include HELP, STOP, END, QUIT, CANCEL, UNSUBSCRIBE
Participating Carriers: The following mobile carries are not liable for delayed or undelivered messages:
AT&T, Alltel, T Mobile, Verizon Wireless, U.S. Cellular, Sprint, Boost, Metro PCS, Cellcom, Cellular One, Cellular South, Cincinnati Bell, nTelos, Virgin Mobile, ACS Wireless, Bluegrass, Centennial, Cox Communications, ECIT – Cellular One of East Central Illinois, EKN – Appalachian Wireless, GCI Communications, Immix – PC Management, Inland Cellular, IVC – Illinois Valley Cellular, Nex-Tech Wireless, RCC/Unicel, Revol, RINA/All West Wireless, RINA/CTC Telecom-Cambridge, RINA/FMTC-Farmers Mutual Telephone Co., RINA/Nucla-Naturita Telephone Co., RINA/Silverstar, RINA/Snake River PCS, RINA/South Central, RINA/Syringa Wireless, RINA/UBET and West Central Wireless.
11. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. FactuaLabs may terminate this license at any time for any or no reason. Unless otherwise expressly authorized by FactuaLabs, you may only use the Site Offerings for your own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the Site Offerings. You may not use the Site Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by FactuaLabs. All other trademarks appearing by and/or through the Site Offerings, including those associated with clients of FactuaLabs are the property of their respective owners. The use of any trademark without the applicable trademark owner’s prior express written consent is strictly prohibited. FactuaLabs reserves any rights not explicitly granted in the Agreement.
12. Restrictions. You are not permitted to use the Site Offerings to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You are not permitted to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Site Offerings. You are not permitted to collect or store information from the Site Offerings about individuals who use the Site Offerings. You are not permitted to use the Site Offerings in any way: (a) that causes, or may cause: (i) damage to the Site Offerings; and/or (ii) impairment of the availability or accessibility of the Site Offerings; (b) that is unlawful, illegal, fraudulent or harmful; or (c) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
13. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on and/or through the Site Offerings.
14. Indemnification. You agree to indemnify and hold FactuaLabs, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co- branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the Site Offerings; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 14 are for the benefit of FactuaLabs, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
15. Disclaimer of Warranties. THE SITE OFFERINGS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FACTUALABS MAKES NO WARRANTY THAT: (A) THE SITE OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL REALIZE ANY SPECIFIC ECONOMIC BENEFIT; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OFFERINGS WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FACTUALABS OR OTHERWISE THROUGH OR VIA THE SITE OFFERINGS , SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
16. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FACTUALABS SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FACTUALABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, USE OF THE SITE OFFERINGS; (C) YOUR FAILUTRE TO REALIZE ANY SPECIFIC ECONOMIC BENEFIT; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR USER DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE FACTUALABS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF FACTUALABS TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FACTUALABS. THE SITE OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF FACTUALABS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Third-Party Websites. The Site Offerings may provide links, and/or refer you, to third-party Internet websites and/or resources. Because FactuaLabs has no control over such third-party websites and/or resources, you hereby acknowledge and agree that FactuaLabs is not responsible for the availability of such third-party websites and/or resources. Furthermore, FactuaLabs does not endorse and is not responsible or liable for any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third-party websites or resources, or for any damages and/or losses arising therefrom.
18. Privacy Policy/User Data. Use of the Site Offerings, and all comments, feedback, information, FactuaLabs User Data or materials that you submit through or in association with use of the Site Offerings, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, please Click Here
19. Legal Warning. Any attempt by any individual, whether or not a FactuaLabs end-user, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and FactuaLabs will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
20. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise concerning the Site Offerings, the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.
Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against FactuaLabs and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that FactuaLabs incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
21. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. FactuaLabs may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
22. Contact Us. If you have any questions regarding the Agreement, or would like more information from FactuaLabs, please contact us by: (a) sending us email to: info@FactuaLabs.com; or (b) mailing us at: FactuaLabs, 930 Sylvan Ave – Suite 110, Englewood Cliffs, NJ 07632.
