TERMS OF USE
The following are the official Terms of Use ("Terms of Use") for www.usa.factorgroup.com ("Site,"/"we,"/"us,/"our"), an internet website offered by Factor Group, LLC ("Factor"/ “we”/”us”/”our”). The following terms are binding and constitute a legal agreement between you and us. By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please discontinue use of the Site immediately. Use of this Site is intended to audiences of at least 18 years of age.
Rules of User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or its content. You agree not to modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your use or your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to the following none-exclusive scenarios: be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages; violate any applicable laws or regulations.
Ownership of Intellectual Property
The contents of this Site, including all Site software, design, text, images, logos, names, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of us and or Parent Company (“Parent”) or Affiliates (companies related by common ownership or control – “Affiliates”), and any of its successors and assigns, and any of their respective licensors, and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of us. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
Links including Links to Other Websites
Links on this Site to third party web sites or information are provided solely as a convenience to you (third party websites are usually non-Parent and Non-Affiliated parties). If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party web site, or the information contained therein. We are not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such other third party sites. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.
Any links to our Site have to be pre-approved in writing by us. You may not misrepresent your relationship with us, or imply that we approve or endorses you, your web site, or your service or product offerings, and/or present false or misleading impressions about us or otherwise damage our goodwill.
Disclaimer and Limitations of Liability
THIS SITE, AND ALL SERVICES, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES/PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES, SERVICES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, SERVICES AND MATERIALS ASSOCIATED WITH YOUR USE OF THE SITE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR ALLEGED DAMAGE ORIGINATING FROM ANY DOWNLOADS FROM THIS SITE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, US, THIS SITE, THE PARENT COMPANY, ANY OF ITS AFFILIATES, OR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
NOTWITHSTANDING ANY CLAIM THAT A SOLE OR EXCLUSIVE REMEDY WHICH IS PROVIDED IN THIS AGREEMENT MAY OR DOES FAIL OF ITS ESSENTIAL PURPOSE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE SHALL BE TO HAVE US, PARENT COMPANY OR AFFILIATE, UPON WRITTEN NOTICE FROM YOU TO US, ATTEMPT TO REPAIR, CORRECT OR REPLACE ANY DEFICIENT SERVICE UNDER THIS AGREEMENT AND, IF REPAIR, CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE, TO REFUND ANY MONIES ACTUALLY PAID BY YOU FOR THE SERVICE INVOLVED AND TO TERMINATE AND DISCONTINUE YOUR USE OF THE SITE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SITE, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED.
Indemnification
You agree to indemnify, defend and hold us, the Site, the Parent Company and or Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or your usage of this Site.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
Privacy Policy
Please refer to our Privacy Policy section. In addition, any information submitted by you will be treated in accordance with the Privacy Policy.
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. The provisions contained herein set forth the entire agreement regarding all of the matters discussed herein. Bear in mind however, that the terms contained herein may be supplemented (or to a certain extent modified by individual features, services offered in the Site as further stated in each particular service/feature). These terms and conditions and the agreement they create, are interpreted in accordance and governed by the laws of the State of Florida (without applying the state's conflict-of-law principles). These terms and conditions may change at any time. You will be required to comply with such revisions and therefore should periodically visit this section to review the current terms and conditions to which you are bound by. We reserve the right to deny access, use and Site's privileges to any user, including a registered user, of any services, features or functions of the Site at our discretion, including if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions.
To the extent that there is a conflict between the Terms of Use, the Privacy Policy or other regulatory content on the Site, the rules governing or found on the subject matter of the activity shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, and any additional applicable rules.
Copyright © 2011 Factor Group, LLC - All Rights Reserved.
PRIVACY POLICY
This is the official privacy policy ("Privacy Policy") for www.usa.factorgroup.com ("Site,"/"we,"/"us,/"our"), an internet website offered by Factor Group, LLC ("Factor"/ “we”/”us”/”our”). This Privacy Policy governs the personally identifiable information ("Personal Information") collected by this Site and does not cover any such information collected in any other manner or for any other purpose, unless otherwise stated. This Privacy Policy is to be read and interpreted along with our Terms of Use section.
Overview/Purpose
This Privacy Policy is intended to explain our privacy practices and inform you as to: the kinds of Personal Information we collect from users of the Site and how that information is collected; how we use your Personal Information; the circumstances under which we disclose Personal Information to third parties; how you can opt-out from certain transactions; and the mechanisms we have implemented to protect your Personal Information.
This Site is offered and made available only to users 18 years of age or older who reside in the United States of America, its territories and possessions. If you are not yet 18 years old, please discontinue using the Site immediately, or if, for any reason, you do not agree with this Privacy Policy, please do not participate in the features, and services that require you to provide your Personal Information. This Privacy Policy is legally binding on all users.
We reserve the right to revise this Privacy Policy at any time by updating this posting without advance notice to you. Such revisions shall be effective to you immediately upon posting. Notice of material changes to this policy will be posted on the Site. However, we encourage you to check this Privacy Policy for updates. We may also e-mail you, at our discretion, about these changes.
We are committed to protecting our users' privacy. Keeping the Personal Information you share with us on the Site secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.
General Privacy Information
This Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By your participation in our Site activities, you certify that you are at least 18 years of age and are willing to agree with the law of the U.S. If you are located elsewhere outside of the U.S. and you participate in services designed for U.S. residents or customers, you do so at your own risk and initiative, and you, not us, are responsible for compliance with any applicable local and national laws. If outside of the U.S., you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction. All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.
Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. We may from time to time, transfer or merge any Personal Information collected off-line to our online databases in an electronic format. This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the Site even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
Collection and Use of Personal Information
When we use the term "Personal Information" we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a customer or you have provided this type of information to us.
We collect Personal Information about you when you visit the Site and input information or when you contact us and provide Personal Information as related to our Site or our services. This includes when you enter information as a “broker” for our referral network or when you do so in our “online application”, otherwise known as the “Factoring Application”. The information collected is subject to the terms contained in such application and is solely for the purposes expressed therein, namely considering the Factoring Application. We may also collect Personal Information as authorized by you from third parties like credit bureau or similar companies or agencies. We do not sell, trade, transfer or share your Personal Information with third parties except as provided herein or as required in order to evaluate the Factoring Application; i.e., sharing with a credit bureau or business in order to evaluate the Factoring Application. We may however, share information with our Parent Company (“Parent”) or Affiliates (companies related by common ownership or control – “Affiliates”).
When we collect Personal Information from you, you are giving us permission to use that information for the specific purpose for which it is provided or as provided herein and to contact you regarding site services, improve or enhance Site performance, to offer you information regarding products and services, fulfill product orders, improve our Web site, to communicate to you about other matters that may be of interest to you and for any other purpose described in this Privacy Policy. During registration or while accessing an online account, you may be required to provide us with certain information about you in order for us to allow you to use the features and functions that we may offer on the Site, such as online access to your account.
We, or our Affiliates or Parent, may contact you, the Site’s registered users or other users that have registered for or participated in various Site events, Promotions, or transactions, or we may send offers of our services that may be of interest to users. For example, we may contact you via our newsletter with information, news and/or updates. You have the right to use the opt-out (“unsubscribe”) mechanism that is contained in our communication. However, we, our Affiliates or Parent, may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, services you have ordered, or other transactions you have undertaken with the Site.
Some of the aggregate customer data we collect (as explained below) may be shared with Advertisers, our Affiliates, and other business partners of the Site, its Parent Companies, and/or its Affiliates, but we do not give any Personal Information to them as part of the relationship except as described in this Privacy Policy. Use of their tracking technology is subject to their own privacy policies.
It is your responsibility to give us current, complete, truthful, and accurate information and to keep the Personal Information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give to us.
You are solely responsible for maintaining the strict confidentiality of your user name and password, if user registration is offered on the Site, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.
In the event that we, our Affiliates or Parent, unknowingly sends an email or text message to a minor (a person under the age of 18 years) who has registered with any functions or features of the Site in violation of the Site’s Agreement, the child or the child’s parent or legal guardian always have the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message, or to request termination of the child’s registration and status as a registered user with the Site. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18 years old), or the age of majority in your state.
Accuracy and Confidentiality
It is your responsibility to give us current, complete, truthful and accurate information and to keep the Personal Information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give to us.
You are solely responsible for maintaining the strict confidentiality of your user name and password, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.
You may update your Personal Information by contacting us.
Cookies and Other Aggregate Data
We may use 'cookie' technology to enhance your visit to our Site and also to collect data regarding your visits to the Site. This data is stored in aggregate form and is not used to identify any particular user or individual. We may use cookies and similar tracking technologies in a variety of ways which may include: keeping count of your return visits to the Site, accumulating and reporting aggregate, saving your user name, your password or other information so you don't have to re-enter it each time you visit the Site. Similarly, if you create an account, this information is also stored and kept in our information logs.
This Site may contain advertisement, references and links to other websites and organizations. We may also use third parties to display or serve advertising on the Site and our web-based newsletters or other communications which you may choose to receive. Often these third party Advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information. This Privacy Policy does not cover any use of Personal Information that a third party Advertiser or ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard. Use of Advertisers’ tracking technology is subject to their own privacy policies.
Although we may track the number of visitors to inform us on how best to update the Site and enhance the experience for all visitors, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display advertising and marketing information. You can choose to have your computer warn you each time a cookie or image tag is being sent, or you can choose to turn off all such devices. This is done through your browser. If you turn cookies off, you may not have access to many features at the Site that make your Internet experience more efficient and enjoyable, like the features mentioned above, and some of our other services may not function properly.
Disclosure to Third Parties
We do not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. Our business is not to sell Personal Information to unaffiliated third parties for their commercial use. As stated, we will disclose Personal Information related to or contained in the online application as explained above.
The Site may also offer co-branded services and features, such as events and Promotions (that we put together with another company our Affiliates or Parent ("Co-Branded Partner"). Such services and features may be hosted on the Site and/or our Co-Branded Partner’s website. We may share your Personal Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Site and our Co-Branded Partner to collect and use your Personal Information provided during the registration process and/or in connection with the specific co-branded feature or service for the fulfillment of the feature or service and for marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner's future use of your Personal Information you may do so by contacting us.
We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We call these third parties "operational service providers". We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to others, or to third party marketers that are not associated with this Site or Factor Group. Additionally, such providers are not permitted to use your Personal Information or Sensitive Personal Information for their own marketing or promotional purposes.
We will make your Personal Information available to non-affiliated third parties in the following limited circumstances: When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process); if, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; in the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or our Parent Company(ies) or Affiliates.
Security & Protection of Personal Information
We maintain reasonable standards of security and confidentiality. However, for most internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy.
Phishing
Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. "Phishers" use ‘spoofed’ e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Personal Information such as credit card numbers, account usernames, passwords, and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM PERSONAL INFORMATION OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to us at usa@factorgroup.com and we will instruct you what to do.
Questions, Contact and Miscellaneous
If you have questions about our Privacy Policy, or if you do not understand any information about how we collect, maintain, use or share your Personal Information, you may contact us directly at usa@factorgroup.com or per the contact information on the Site.
We reserve the right to deny access, use and Site's privileges to any user, including a registered user, of any services, features or functions of the Site at our discretion, including if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. We may, at our discretion, provide an explanation of why access cannot be provided and a contact person for further inquiries.
To the extent that there is a conflict between the Terms of Use, the Privacy Policy or other regulatory content on the Site, the rules governing or found on the subject matter of the activity shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, and any additional rules.
Copyright © 2011 Factor Group, LLC - All Rights Reserved.
