Terms & Conditions

1. Acceptance of Terms

1.1 Welcome to Factorees.com's Service (the "Service"). The following sets forth the terms and conditions of the Factorees.com Membership Agreement (this "Agreement") between you and Factorees.com under which Factorees.com, registered in Florida, offers you access to the Service through the web site identified by the uniform resource locator www.factorees.com (the "Site"). Use of the Service indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, please do not use the Service. BY USING THIS WEBSITE, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, THE SITE’S TERMS OF USE AGREEMENT, AND PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE "TERMS OF USE").

1.2 Factorees.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Factorees.com of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified except in writing by an authorized officer of Factorees.com.

2. The Service

2.1 The Service will be offered for free for an unspecified time period unless terminated in accordance with the terms of this Agreement.

2.2 The Service will have the following core features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Factorees.com and notified to you) ("Member Benefits"):
a) Products - allows each Member to view descriptions, specifications and images of products.
b) Payments – allows each member to pay for each purchase of products on Factorees.com.
c) Reviews – allows each member to review each product purchased and each vendor from which they purchased on Factorees.com.

2.3 Factorees.com may suspend or terminate all or part of the above Member Benefits at any time in its sole discretion.

2.4 Benefits, charges, features and functions available to a Member may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.

2.5 The availability of any transactional features and functions on the Site to any Member may be conditional on verification of Member’s identity and/or its designated bank account by Factorees.com and/or its approved independent third parties.

2.6 Factorees.com shall issue a Member ID and Password (the latter shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member's business entity. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), will cause irreparable harm to Factorees.com and each Member shall indemnify Factorees.com against any loss or damages (including but not limited to loss of profits) suffered by Factorees.com as a result of such multiple use of an Account. Each Member hereby undertakes to notify Factorees.com immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that Factorees.com shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph.

2.7 Factorees.com reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Factorees.com further reserves the right to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by Factorees.com.

2.8 Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall Factorees.com be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.

3. Member Responsibilities

3.1 Each Member hereby represents warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by Factorees.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete.

3.2 Each Member hereby represents warrants and agrees that the use by such Member of the Service and the Site shall not:
a) impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
b) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
c) contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
d) contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
f) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
g) involve attempts to copy, reproduce, exploit or expropriate Factorees.com's various proprietary directories, databases and listings;
h) involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and
i) involve any scheme to undermine the integrity of the computer systems or networks used by Factorees.com and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;
j) otherwise create any liability for Factorees.com or its affiliates.

3.3 Member shall not take any action which may undermine the integrity of Factorees.com's feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.

3.4 Each Member acknowledges and agrees that Factorees.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Factorees.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

3.5 If any Member breaches the representations, warranties and covenants of paragraphs 3.1, 3.2, 3.3 and 3.4 above, or if Factorees.com has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, or if upon complaint or claim from any other Member or third party, Factorees.com has reasonable grounds to believe that such Member has willfully or materially failed to perform its contract with such third, or if Factorees.com has reasonable grounds to believe that such Member has used a stolen credit card or other false or misleading information in any online transaction, Factorees.com has the right to suspend or terminate the Service and all Member Benefits with respect to such Member without any compensation, and restrict or refuse any and all current or future use of the Service or any other services that may be provided by Factorees.com. Further, Factorees.com reserves the right in it sole discretion to remove any material it reasonably believes that is unlawful, could subject Factorees.com to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in Factorees.com's opinion. Factorees.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Factorees.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Factorees.com shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against Factorees.com for such disclosure. In connection with any of the foregoing, Factorees.com may suspend or terminate the Account of any Member as Factorees.com deems appropriate in its sole discretion.

3.6 Each Member agrees to indemnify Factorees.com, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such Member's use of the Service or from such Member's breach of this Agreement or the Terms of Use. Each Member further agrees that Factorees.com is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Factorees.com reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Factorees.com in asserting any available defenses.

4. Limitation of Liability

4.1 All responsibility and title is passed to the Member once the order is handled to the carrier. It is the Member’s responsibility to inspect product condition on arrival.

4.2 In the event a product is listed at an incorrect price due to typographical error or the product is no longer available, Factorees.com will have the right to refuse or cancel, without liability, any orders placed for product that is no longer available or is listed at the incorrect price. Factorees.com will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Factorees.com will immediately issue a credit to your credit card account in the amount of the incorrect price.

4.3 Any material downloaded or otherwise obtained through the use of the Service is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from Factorees.com or through or from the Service shall create any warranty not expressly stated in this Agreement.

4.4 Under no circumstances shall Factorees.com be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

4.5 Factorees.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following: a) the use or the inability to use the Service; b) unauthorized access by third parties to data or private information of any Member; c) statements or conduct of any user of the Site; or d) any other matter relating to the Service however arising, including negligence.

5. Intellectual Property Rights

5.1 Factorees.com is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with Factorees.com or its affiliates. All rights not otherwise claimed under this Agreement or by Factorees.com are hereby reserved.

5.2 "Factorees", "Factorees.com" and related icons and logos are registered trademarks or trademarks or service marks of Factorees LLC in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

6. General

6.1 This Agreement and the Terms of Use constitute the entire agreement between the Member and Factorees.com with respect to and governs the use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.

6.2 Factorees.com and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

6.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

6.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

6.5 Factorees.com's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive Factorees.com's right to act with respect with subsequent or similar breaches.

6.6 Factorees.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of Factorees.com). The Member may not assign, in whole or part, this Agreement to any person or entity.

6.7 This Agreement shall be governed the laws of the State of Florida,USA without regard to any principles of conflicts of law. The parties to this Agreement agree that any action at law or in equity that arises out of, or relates to any use of the Site will be filed only in the state or federal courts located in Miami-Dade County, Florida, USA and hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

6.8 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.

7. Warranty and returns

7.1. Factorees.com guarantees that all of the products are brand new and come in the original manufacturer's crate or box free of defects. Products sold on Factorees.com come with a limited manufacturer's warranty of 1 year, starting at the date of reception of the product. The warranty covers manufacturing flaws.

7.2. Any damages resulting from the following are not covered by the warranty:
- Issues found to be the direct result of dropping, crashing, contact with water, improper use or abuse, use or storage in an environment not compliant with the user's manual.
- Unavoidable natural disasters, fire, collision, theft, improper storage or transportation.

7.3. Compliance with terms 7.2. and application of the warranty are subject to inspection and approval by our experts in our facilities. Shipping of the product(s) to our facilities is at member's expenses.

7.4. The warranty process can include repairs, exchange or refund of the original value of the product, depending on product's condition and flaws, at Factorees.com discretion.

7.5. If Factorees.com experts determine that the product is not eligible for the manufacturer's warranty, inspection fees and return shipping expenses will be charged to the Member.

7.6. All orders cancelled prior to delivery are subject to a 30% cancellation fee.

8. Delivery Terms

8.1. Delivery lead times are estimates and are given as an indication. Delivery lead times depend on several factors such as manufacturing lead times and freight companies operations. Each Member hereby agrees that in no event shall Factorees.com be liable to the Member or any third parties for any delays or consequences of delays in the delivery.

8.2. Each Member is responsible for the inspection of the products upon reception. If the Member notices any damage to one or several products, it must refuse the damaged products and notify Factorees.com within 24 hours. Factorees.com will either proceed to a refund of the damaged product or to the shipment of a new one at no cost. No claim will be possible after the customer has accepted the product.

Latest Update: 03/23/2012.