Terms and Conditions


Introduction

Welcome to our website (“Website”). This Website is owned and operated by Fact Scan. This is a contractual agreement between you and Fact Scan. Your visitation, registration for an account, access and/or use of this Website constitutes your acceptance of this Agreement (as defined below). Fact Scan may modify the Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the website, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the Terms & Conditions set forth in this Agreement to ensure that you are aware of any modifications.

Definitions

“Agreement” means these Terms & Conditions and any Licensor Agreement or Licensee Agreement you agree to on this site.

“Fact Scan” includes Fact Scan and its parent (if any), subsidiaries, affiliates, successors and assigns.

"Personally Identifiable Information" means any information that identifies a natural person, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, and the like.

“Person” means a natural person, entity, association or organization, unless otherwise specified.

“Website” means any and all pages of the website (individually and collectively) you are viewing at the moment.

“User” or “you” or "your" refers to any and all natural persons, entities, associations and/or organizations who visit, create an account with, access or use this Website in any way imaginable, whether through existing technology or through technology not heretofore manufactured, devised or discovered, or who request, purchase, subscribe to, access, or otherwise use the services offered on this Website.

Security

You agree to keep your password confidential and not to distribute it or otherwise allow anyone other than you to access your account. Your password is the ultimate key to all of the information in your account.

Any communication you make on this Website or over the Internet, whether sent via e-mail, via a form on the Website, or a message board, etc., should be regarded as an insecure communication, unless we explicitly state on a particular web page that you can expect the communication to be secure or encrypted.

Refusal & Termination of Service

You agree to abide by the terms of the Site Usage Policy. Fact Scan reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.

License to Use the Website

Fact Scan grants, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive license to use the software, content and documentation which it owns or of which it is a licensee for the limited purposes accessing, exploring and using the Website in real time in a manner consistent with these Terms & Conditions.

Intellectual Property Rights in the Website

Unauthorized duplication of this Website, in whole or in part, or of any plans, designs, specifications, data or content made available from the Website (except as expressly authorized herein) is a violation of the Copyright Act of 1976.

Copyrights

Unless otherwise stated, Fact Scan owns the copyright in this Website and is the owner or a licensee of the plans, designs, specifications, data and content hereon, including, without limitation, all text, graphics, images, video material, audio material, audiovisual material, and other content, regardless of media format, whether now existing or hereafter arising (“Copyright Material”). The Copyright Material is protected by United States and international copyright laws. You may display and download portions of the Website solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the Fact Scan Website. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, or display, or any commercial use of the content on this site are strictly prohibited by law.

Trademarks

Fact Scan™ and any associated logos, designs, images, and graphical depictions are trademarks, trade names, or service marks of Fact Scan (individually and collectively the “Trademarks”). The Trademarks may not be used in any manner by any person or in connection with any product or service, without the express written authorization of an officer or director of Fact Scan. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.

Submissions

Fact Scan values and encourages feedback. Pursuant to the Fact Scan’s policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested from you by Fact Scan. If you choose to send any creative submissions to us, whether at Fact Scan’s request, or despite our request that you do not send submissions to us, then you hereby irrevocably assign and transfer to Fact Scan any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), without any compensation therefore, including, without limitation, all domestic and foreign copyrights, trademark rights (and goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and all other intellectual property rights and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby irrevocably waive enforcement of any and all moral rights. Fact Scan shall be entitled to complete unrestricted use of the submissions and all content, data and information contained therein for any purpose, whether commercial or otherwise, without compensation to, or recognition or acknowledgment of, the author(s) or provider(s) of the submissions.

Purchases & Recurring Billing

When you elect to submit payment for one or more licenses or services on an automatic, recurring payment basis, you hereby authorize Fact Scan to collect and reverse  fixed and/or variable payment amounts until such time as you cancel the recurring payment as set forth in Fact Scan’s Recurring Payment Cancellation Policy below. Charges will appear on your bill as “Fact Scan.” Recurring charges are nonrefundable for orders that have been processed, except as set forth in the Fact Scan’s Returns & Refund Policy set forth below. If a payment is declined, the order for the services which are the subject of the recurring payment will not be processed.

Recurring Payment Cancellation Policy

To cancel a recurring payment, follow these steps:

  • Sign into My Account.
  • On the Settings tab, go to Subscription.
  • Click Cancel next to your current subscription plan.
  • Select Yes to confirm your request to cancel. We will send you an email to confirm that your request was processed.
  • When cancelling a recurring payment, your subscription will automatically change to a free plan.

User Representations & Warranties

You represent and warrant that you are at least 18 years of age and have reached the age of majority in the location where you reside. You further represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Website, goods, and services in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Website, goods, and services and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this Website; (ii) to maintain and update your information to keep it secure, true, accurate, current, and complete, (iii) you will not upload, post or otherwise make available any content or material on this site that infringes any rights of anyone; and (iv) agree, represent and warrant that Fact Scan has not induced, or attempted to induce, you to enter into any license agreement or download or use any files, materials, data or other information made available on this site. If you provide any information that is untrue, inaccurate, not current or incomplete, Fact Scan has the right to terminate your account and refuse any and all current or future use of the Website.

You further represent and warrant that you will not provide to us the name, address, email address, phone number, or other personal identifying information of any person under the age of 13. Violation of this provision is grounds for immediate cancellation of any orders, and services offered hereunder.

WAIVER OF CLASS ACTION/JURY TRIAL

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FACT SCAN, AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO (I) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT, (II) ANY ALLEGATION OR CLAIM THAT ANY DESIGNS, PLANS, GOODS, SERVICES, SPECIFICATIONS, CONTENT, DATA OR OTHER INFORMATION PROVIDED OR MADE AVAILABLE BY YOU INFRINGES ANY RIGHT (INCLUDING, WIHTOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT) OF ANY PERSON, ENTITY, ASSOCIATION OR ORGANIZATION, (III) ANY OF YOUR ACTUAL OR ALLEGED NEGLIGENT, WILFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR RELATING TO YOUR REGISTRATION, VISITATION, USE OR MISUSE OF THIS SITE OR ANY PLANS, DESIGNS, GOODS, SERVICES, MATERIALS, DATA, INFORMATION, AND OTHER CONTENT OFFERED OR MADE AVAILABLE ON THIS SITE. FACT SCAN MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO AFFECT FACT SCAN’S RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT FACT SCAN’S PRIOR WRITTEN APPROVAL, WHICH MAY BE WITHHELD AT ITS SOLE DISCRETION.

LIMITATION OF LIABILITY

ACCESS TO AND USE OF THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT FACT SCAN, AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, INSURERS, AND REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE OUT OF OR RELATE TO YOUR USE OF THE WEBSITE, OR THE PROVISIONING OF CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THIS WEBSITE AND/OR IN ANY FACT SCAN EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, FACT SCAN, AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEY, INSURERS, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY. IF, IN SPITE OF THE FOREGOING, THERE IS A FINDING OF LIABILITY AGAINST FACT SCAN, YOU AGREE THAT ANY DAMAGES FOR WHICH FACT SCAN MAY BE LIABLE SHALL BE LIMITED TO THE SUM OF MONEY FACT SCAN HAS RECEIVED FROM YOU UNDER THIS AGREEMENT.

DISCLAIMER OF WARRANTIES

ALL PLANS, DESIGNS, GOODS, SERVICES, MATERIALS, DATA, INFORMATION, AND OTHER CONTENT OFFERED OR MADE AVAILABLE ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. FACT SCAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE SITE OR PLANS, DESIGNS, GOODS, SERVICES, MATERIALS, DATA, INFORMATION, OR OTHER CONTENT OFFERED OR MADE AVAILABLE ON THE SITE. FACT SCAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FACT SCAN AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE ACCESS OR USE OF THIS SITE OR ANY PLANS, DESIGNS, GOODS, SERVICES, MATERIALS, DATA, INFORMATION, AND OTHER CONTENT OFFERED OR MADE AVAILABLE ON THIS SITE , INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF OPPORTUNITY, LOSS OF TIME, LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY.

SITE USAGE POLICY

The Website may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of this Site Usage Policy is strictly prohibited. Examples of such information, data, or material include unauthorized reproduction, publication, distribution or other use of copyrighted works, patents, inventions, trademarks, trade secrets; or the dissemination of harmful, harassing, or fraudulent content. Any conduct by any user that constitutes harassment, fraud, stalking, abuse, or a violation of federal import/export restrictions in connection with this site or the use of products or services advertised, marketed, promoted, distributed, and/or sold or made available on the Website is strictly prohibited. Using the Website to perform, or solicit the performance of, any illegal activity is also strictly prohibited.

In addition to the forgoing, the following uses are strictly prohibited and all users agree not to engage in such conduct, directly or indirectly:

  1. Plans, information other data that could permit the design, printing, or other materialization of a firearm or incendiary device.
  2. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters/emails, telephone calls or any other form of solicitation to anyone.
  3. Spamming any email address that appears on the Website.
  4. Posting any multi-level-marketing, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business or commercial opportunity.
  5. Including any hidden text in your postings, including words in white or otherwise invisible font.
  6. Deleting or revising any material posted by any other person or entity.
  7. If you have a password allowing access to a nonpublic area of the Website, you are prohibited from sharing or disclosing it to any third party, and from allowing any third party to access the Website under your account. 
  8. Using, or attempting to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, bots, avatars or intelligent agents) to navigate or search the Website, other than (i) the search engine and search agents available on the Website, and (ii) generally available third party web browsers.
  9. Accessing the Website by any means other than through the interface that is provided for use in accessing the Website.
  10. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising a part of the Website.
  11. Aggregating, copying or duplicating in any manner any of the materials or information available from the Website.
  12. Framing of or linking to any of the materials or information available from the Website.