- Copyright, Trademark and Intellectual Property
“The Factoring Marketplace,” the Factoring Marketplace logo, and other marks, page headers, scripts, logos, and button icons are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of FF and may not be used, copied or imitated without the prior written consent of FF.
All content (including, without limitation, any images, photos, computer source code, object code, html code or other code, video and audio and streaming files, navigation schemes and layout comprising this Website) is owned by or licensed to FF. The copyright in and to this Website and all content is owned by FF. FF retains and reserves all rights in and to this Website and all content. The reproduction, distribution, transmission, display, or use of this Website and any content is prohibited without the prior written consent of FF.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by FF.
You are granted a nonexclusive, nontransferable, revocable, limited license to access and use our Services in accordance with this Agreement. You may use our Website for purposes expressly permitted by us. As a condition of your use of our Services, you warrant to us that you will not use our Services for any purpose that is prohibited by these terms, conditions, and notices and will do none of the following:
- use this Website in any way that is or may be damaging to this Website;
- use this Website in any way that impacts user access to this Website;
- use this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity; engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- attempt to gain access to secured portions of the Website to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website
- modify, frame, link to, translate, or create any derivative works of the Website
Certain areas of this Website are restricted from being accessed by you and FF may further restrict access by you to any areas of this Website, at any time, in its absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
You agree to cooperate with us in causing any of the prohibited activities set forth in this section to immediately cease.
- Editing, Deleting and Modification
FF reserves the right in its sole discretion to edit, delete, modify, suspend, or discontinue any content, feature, aspect, product, or service comprising, or available through, this Website at any time. FF may alter the availability of any feature of this Website or service at any time.
4. Third Party Content
FF may display include information about third party factoring companies reflecting public information available about such companies (“Factoring Materials”). FF does not represent or imply that FF endorses any Factoring Materials (including without limitation content hosted on third party websites) or that such information is accurate, useful or non-harmful. FF cannot guarantee and does not promise any specific results from use of the Website.
FF, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY FACTORING MATERIALS. FF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO FACTORING MATERIALS AND SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON FACTORING MATERIALS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS WEBSITE.
The Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by FF. Inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by FF. If you decide to leave our Website, access these third-party websites, or come in personal contact with third parties identified through the Website, including merchants, you do so at your own risk. Always use caution and common sense in providing your information and transacting with any party.
You agree to defend, indemnify and hold harmless FF, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of any act or omission relating to the Website or the Services including, without limitation, any actual or threatened suit, demand or claim made against FF and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Website content, your conduct, your violation of these Terms of Service or your violation of applicable law or the rights of any third party.
6. Disclaimers/Liability Limits
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FF, THE WEBSITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FF DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER WEBSITE MATERIALS ACCESSED THROUGH THE WEBSITE. FF DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE WEBSITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
FF IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE FF ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES SAFE, FF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE WEBSITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
FF reserves the right to change any and all content contained in the Website and any Services offered through the Website at any time without notice. The Website may need updating from time to time. The Services may be interrupted from time to time for both scheduled and emergency updates and regular maintenance service. These updates may temporarily disrupt use of our Services and are designed to improve, enhance, and further develop our Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.
IN NO EVENT SHALL FF BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE WEBSITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FF, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FF’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FF, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE WEBSITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FF FOR ACCESS TO OR USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Use of Information
8. Change of Terms
9. Venue and Jurisdiction
Claims relating to this Website, to the use of this Website, and to the information, content material and services available through this Website are governed by the laws of the United States of America and the State of Ohio, as applicable. You hereby unconditionally, voluntarily and irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the Northern District of Ohio, Eastern Division, and the Court of Common Pleas of Cuyahoga County, Ohio in any claim or dispute concerning, relating to, or arising from this Website and any information received from or through this Website. You agree not to plead forum non conveniens in any such action and you consent to service of process.
The Website is controlled and offered by FF from the United States of America. FF makes no representations that the Website is appropriate or available for use in other locations. Users who access or use the Website from other jurisdictions do so at their own risk and must at all times comply with local law, including but not limited to the export and import regulations of other countries.
10. General Provisions
I any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of this Agreement. The section headings are for reference and the convenience of the readers and shall not constitute part of this Agreement for interpretation purposes. This Agreement (and the other FF agreements referenced above) constitutes the entire and only agreement between you and FF and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof. The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between FF and any User. You may not assign your rights under this Agreement to any third party; FF may assign its rights under this Agreement without condition. You consent to receive communications from FF in an electronic format and agree that all notices, disclosures, and other communications that FF provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing
I understand that by using this Website, I am subject to the terms and conditions set forth herein and I accept and agree to be bound by all such terms and conditions.
If you do not agree to the terms and conditions herein, YOU MAY NOT use this Website.