TERMS OF SERVICE

Welcome to Corefact Corporation. Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of and access to our website (the “Site”) and our provision of products and services. Certain services, promotions and features may have additional terms and conditions, and those additional terms and conditions are incorporated herein by reference.

By visiting our Site, you are signifying your assent to these Terms and our Privacy Policy, which is incorporated herein by reference. If you have not read our Privacy Policy, you should do so now. Any products ordered or services used through any of our Site are also governed by these Terms. We may revise these Terms from time to time by posting a revised version.

YOUR CONTINUED USE OF THE SITE AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.

YOUR USE OF OUR SITE

Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Site, including any images, text, graphics, sounds, data, links and other materials incorporated into our Site (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site or create derivative works of any portion our Site without our written consent. While using our Site, you agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity;
  • Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
  • Restrict or inhibit any other user from using any of our Site, including, without limitation, by means of "hacking" or defacing any portion our Site;
  • Violate any applicable laws or regulations;
  • Upload to, transmit through, or display on the Site any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
  • Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Site; and
  • Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site.

If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Site.

We reserve the right to alter or discontinue our Site, in whole or in part, at any time in our sole discretion.

YOUR MEMBER ACCOUNT

You may create a member account with our Site by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Site.

YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.

If you choose to disclose your username and password, you agree you retain that responsibility. In the case where your company has created an account in your name and acted on your behalf to create or place orders, your company becomes responsible for those activities and actions. You will immediately notify us of any unauthorized use of your account on any of our Site. In order to create a member account with our Site, you must be at least 18 years of age. You represent to us that you are at least 18 years old. If you are not, please do not set up an account with any of our Site.

MAKING PURCHASES

If you wish to purchase any products or services through our Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete.

Submitting a purchase which requires your approval of a design is an assumption of liability by you for any subsequent issue or defect with the purchase caused by the design.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION.

You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.


Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.


Title and risk of loss for any purchases pass to you upon your purchase of the product or service. We will charge your credit card when you place an order. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

REFUNDS & RETURNS

For products purchased that are mailed to a third party (i.e. postcards, letters, mailers), we are not responsible for damage to the product caused by the mailing entity (ex: United States Postal Service, FedEx, UPS), nor are we responsible for assuring deliverability of the product once it leaves our facility. For all other products, you must notify us within 30 days of purchase regarding any deliverability or condition issue so we may research the issue and provide an update. For returns, you will be responsible for returning the product in resellable condition when applicable and any applicable restocking fees.

Your purchase request shall not be effective until accepted by Corefact. Acceptance by Corefact shall be evidenced only by the actual delivery of Purchase Points into your account. Notwithstanding the foregoing, Corefact reserves the right to revoke or cancel any acceptance and cancel and reverse purchases as set forth below.

  1. Purchase Points hold no cash value.
  2. All Purchase Point sales are final. The purchase of Purchase Points are non-refundable, nor redeemable for cash.
  3. Purchase Points may be used for the period stipulated upon purchase, however this period will not be altered after purchase/receipt, nor may the original term be longer than one (1) contract year. After expiry, Purchase Points will no longer be available for use.
  4. Purchase Points are non-transferable, i.e. Purchase Points may not be transferred from one account to another.
  5. You may not sell, barter or otherwise conduct any unauthorized distribution of any Purchase Points purchased hereunder.
  6. Corefact shall have no liability or responsibility where you are unable to use or redeem Purchase Points.
  7. In the event of any Purchase Points or financial discrepancy, the payment calculations with respect to a purchase of Purchase Points hereunder shall be based upon data contained in Corefact's records, and the data in Corefact's records shall take precedence over the data in any other records.
  8. You agree that the awarding and use of all Purchase Points, including those purchased hereunder, are subject to the terms, conditions, exclusions and limitations of the Purchase Point Program (known as the Program), and that Corefact and its affiliates have the sole and exclusive authority and responsibility for operating, modifying, terminating and establishing the terms and conditions applicable to the Program.
  9. You shall indemnify, defend and hold Corefact and its affiliates, and their respective directors, officers, employees, contractors, partners, agents, affiliates, successors and assigns, harmless from and against any and all losses, obligations, claims, damages, demands, liabilities, suits, actions, costs, fees and expenses whatsoever incurred, suffered or borne by or asserted against any such persons in any way relating to, arising out of or resulting from (i) your use of or participation in the Program, (ii) your performance or failure to perform hereunder or (iii) any breach by you of these Terms and Conditions.
  10. THE PURCHASE POINTS SOLD TO YOU AND ANY ASSOCIATED SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
  11. COREFACT'S ENTIRE LIABILITY, REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE PURCHASE OF PURCHASE POINTS. IN NO EVENT SHALL COREFACT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR PURCHASE OF POINTS HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR COREFACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  12. You shall comply with all laws, rules and regulations applicable to these Terms and Conditions and your purchase of Purchase Points.
  13. You may not assign or transfer these Terms and Conditions, or any right or obligation hereunder.
PROMOTIONS & ADVERTISEMENTS

Promotions and advertisements may, at times, be displayed on accessed services. These promotions and advertisements may be targeted to the content of information stored on services, queries made through services or other information. The manner, mode and extent of advertising by Corefact on services may change without notice.


In consideration for Corefact granting you access to and use of services, you agree that Corefact may place advertising on the services.

SUBSCRIPTION PROGRAMS/SERVICES

Monthly subscription programs/services are payable by means of a Monthly Subscription Fee, which fee shall be chargeable and accrue on or about the same business day of each month until termination of this Agreement by Corefact or until you notify Corefact of, and Corefact receives, notice of termination by you. Payment of Monthly Subscription Fees shall be made automatically by means of a charge by Corefact against your bank debit or credit card account, and you agree to keep said account current and in good standing such that charges against same may be collected; and further, to provide Corefact promptly of any change in account number, date of expiration or any other information necessary to ensure uninterrupted processing of said monthly payment. Corefact is not obligated to prorate or to refund any accrued Monthly Subscription Fees. An active subscription is required in order to use said subscription programs/services or to obtain technical support.

CONTESTS AND SWEEPSTAKES

In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through our Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such Promotion. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.

THIRD-PARTY SITES, SOFTWARE AND SERVICES

Our Site may direct you to sites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that our Site directs you to such Third Party Properties does not indicate any approval or endorsement of any such Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties. Other sites may provide links to our Site with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.

We will have the right, at any time and in our sole discretion, to block links to our Site through technological or other means without prior notice.

MATERIALS SUBMITTED BY CUSTOMER

Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:

  • You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment.
  • Please note that, while you retain ownership of your User Submitted Materials, any template or layout that we provide which you use to arrange or organize such User Submitted Materials using tools and features made available through our Site are not proprietary to you, and the rights to such template or layout will remain with us. To the extent you or your employer provide the template or layout (collectively, “Proprietary Designs”), or you pay us to customize a template or layout for you (collectively, “Custom Designs”), then you or your employer will own such Proprietary or Custom Designs.
  • You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
  • You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.
  • You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
  • You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person.
  • User Submitted Materials that violate these Terms may be removed from our Site; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any User Submitted Materials from our Site. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
COPYRIGHT ISSUES

While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Site to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Site should be sent to:

Corefact Corporation
1700 Marina Blvd
San Leandro, CA 94577
Email: cs@corefact.com
DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.


COREFACT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND COREFACT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE "COREFACT PARTIES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE COREFACT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COREFACT PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE COREFACT PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE COREFACT PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

POLICY FOR IDEA SUBMISSION

Many of our customers are interested in submitting ideas and suggestions for products and services to be used at our Site, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our Site; however, please note that any such ideas or suggestions that you submit, other than Proprietary Designs and Custom Designs, will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.


You can inquire regarding such approval by sending a letter to Corefact Corporation, Attn: Idea Submission, 1700 Marina Blvd., San Leandro, CA 94577. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by us in order to evaluate your idea or suggestion.

NOTICE FOR CALIFORNIA USERS

This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

INTELLECTUAL PROPERTY NOTICES

All trademarks and service marks on any of our Site not owned by us are the property of their respective owners. Corefact owns the following registered trademarks and logos: "Corefact, Corefact Flame and other marks are trademarks of Corefact Intellectual Property". The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

JURISDICTIONAL ISSUES

Our Site is controlled and operated from the United States. Our Site is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that our Site and products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access our Site do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

MISCELLANEOUS

These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Alameda, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.


Performance of the Site and our services may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.


If you have any questions or comments regarding these Terms, please contact: cs@corefact.com.

TERMINATION

Either you or we may terminate your access to our Site and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Site will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, Corefact may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Site and to your account and/or as a result of the deletion of any information, files or materials in or related to your account.

CLASS ACTION WAIVER

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF ANY OF OUR SITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

PRIVACY POLICY

This Privacy Notice describes the principles and practices that apply to the use of personal identifiable information (defined below) that Corefact Corporation (“Corefact,” “we,” “us”) collects online and offline from individuals and companies (”user” or “you”).

By visiting or registering on our Site – or by allowing a third party to use your information to obtain services for you or on your behalf from our Site -, you consent to our processing of your information as set forth in this Privacy Notice.

For ease of use of this document, certain terms have been associated with the specific meaning provided below.


“Browser Information” means information that is provided directly by your Internet browser, such as your IP address, the type, and version of the Internet browser you use, the time and date of your access to our Site, the web pages URL that you were visiting before landing on our site. In some cases, this information may allow identifying the specific device being used to navigate the web.


“Business Partners” means the service providers which enable Corefact to conduct transactions in support of our products and services with whom we share Personal Information.


“Device” means a computer, laptop, desktop, smart phone, tablet, and any other similar equipment that is used for online activities.


“Individual” means any consumer or individual.


“Personal Information” means information that identifies an Individual or that, when combined with other information available to the data holder may allow identifying an Individual with reasonable certainty. “Personal information” includes any information that is collected from the Site or from any communication between us and an Individual, such as contact information that a visitor might provide when asking for information about the Corefact service or browser information. It also includes an Individual’s name, address, or contact information.


“Registered User” means an individual who has provided Personal Information in order to use our services and receive our products.


“Site” means the website located at www.Corefact.com.


“User” is an Individual who uses our Site. A User can be a visitor of the Site (who merely explores the Site) or a Registered User.

Scope  

This Privacy Notice applies to the Personal Information that we collect or receive from Users of the Site; any Individual with whom we interact through telephone, correspondence, or electronic communications, newsletters, interviews, surveys, etc.; and Business Partners with which we have a specific agreement.

Consent  

By visiting our Site, or by filling out an order form on our Site, you consent to our processing of your Personal Information as set forth in this Privacy Notice.


Your continued use of the Site, or continued interaction with us after we have notified you of a material change in our Privacy Notice in accordance with the Updates will be deemed an acceptance of these new terms.

We collect Personal Information in a variety of ways. We try to ensure that you are provided with a reasonable opportunity and the ability to make informed decisions about the creation, collection, disclosure, access, maintenance, storage, and use of your Personal Information.

The ways in which we collect this information include:

  • When you complete a form – We receive and store Personal Information that you enter on our Site or provide to us otherwise. For example when you fill out a form to order products, you may be requested to provide your first and last name, telephone number, postal and/or email addresses, and credit card information. You have the right not to provide this information. For more information, please see the User’s rights section, below.

    If you provide Personal Information about, or on behalf of, a third party, you must make sure that you have the right to do so. By providing the Personal Information of a third party, you represent that you have all necessary authority and/or have obtained all necessary consents from such third party to enable us to collect, use, disclose his/her Personal Information as set forth in this Privacy Notice.

  • If you contact us – We may keep a record of your contact information and correspondence, the purpose of your contacting us, and our interaction with you if you contact us for any purpose.

  • If you visit our site – We collect information about your Device and Browser. This information is automatically provided by your browser. This may include Device information (type of device, operating system version, unique device identifier, browser type and version, and mobile network information) or log information (IP address, screen resolution, and referring domain).

    We may collect information through cookies and other technologies, such as information about a user’s online activity, the web pages visited, the search terms used, and any link on which the user clicks. For more information, please see the Sharing Personal Information with third parties section, below.

  • Other sources – We may obtain Personal Information from affiliated entities, publicly available databases, and other independent third-party sources, and add it to our contact database for marketing and sales purposes to combine it with other information that we have collected or obtained otherwise. This may include, for example, phone number, email address, title, or employer.

Our website analytics service providers may combine Site usage data regarding how Users use our Site (e.g. which page a User visits more frequently) with other data that they have collected independently and have associated to a User’s Device. This other data may include demographics data (age range, gender), or data about interests (e.g. interest in automobile, or interest in athletic apparel). These service providers may combine Site usage data with this other data to produce reports regarding the use of our Site, such as how many users of a certain gender, or in a certain age range, visit specific pages or areas of our Site. These reports do not contain specific information regarding a specific User. They are produced by using only aggregated data, and only present statistical data. Each such report does not recognize a specific Individual. You may opt out from sending navigation information about your visit to the Site to Google Analytics by using the Google Analytics Opt-out page.

Our primary goal in collecting Personal Information is to identify specifically your needs and interests so that we can find more efficient and effective ways to respond to your questions and inquiries, and, when this is allowed, to market our products and services to you. The more we know about your goals and interests as they relate to our products and services, the better we can communicate with you, anticipate your needs and communicate with you in a productive and enjoyable manner.


This interaction may occur in several different ways:


All Users – We use Personal Information to provide our Users with access to the public areas of our Site and information about our products and services. We may use Personal Information about our Users to communicate with them, respond to their questions, or as otherwise described at the point of collection of information.


Registered Users – If you have registered on our Site, we will use the information that you provide in order to manage your registered user account and to give you access to the product, service, or feature that you requested. In addition, we will assume that you are interested in our products or services, and may send you periodically additional information and news. You have the right to opt-out from receiving any future communications. See our User’s rights.


Telephone Calls – If you fill out an order form, and provide us with a phone number, we may call you. By submitting the application with your phone number, you expressly authorize Corefact to call you or send you recorded messages or texts about the products described in the order form or related products that may be of interest to you, using automated technology to the phone number that you will have provided. You are not required to give your consent.


Correspondence – We may use your correspondence, contact information, email address, and any information that you provide in your messages to respond to you.


Marketing and Business Development – When not precluded from doing so, we may use Personal Information that we have received from you or about you to solicit feedback from you, including through surveys or to send you marketing communications and promotional material about other products and services.


If you demonstrate an interest in a particular product or service, such as by affirmatively clicking on a link about the product or service, and we have your contact information, we may follow-up and send you an email or initiate communication with you about this product or service, and may periodically send you additional information and news.


In addition, at all times, you have the right to opt-out from receiving any communications from us. See our User’s right section.


Investigations – We may use Personal Information to prevent or investigate potentially prohibited or illegal activities, or to enforce the Corefact Terms of Service.


Analytics – We may aggregate (or have third parties aggregate) Personal Information and usage data in order to obtain statistical information, such as to calculate the percentage of Users who have a particular zip code or telephone area code. We use aggregated Personal Information to understand how our Site is used, for research or product development, for example, to measure interest in, or monitor the use of any content, product, services or promotions that we provide through the Site, to improve these content, products, services or promotions, and for the technical administration of the Site.

We may share Personal Information with affiliates of Corefact as well as with our business partners.


When we partner with another party to provide specific services, we will share names or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use Personal Information except for the purpose of providing these services. We use an outside credit card processing company to bill users for goods and services and an email service provider to send emails to you on our behalf. These companies are not allowed to retain, share, store or use Personal Information for any secondary purposes.


We will not share, sell, rent or trade your Personal Information to any third party except as disclosed within this Privacy Policy.


We may also release Personal Information when we believe that disclosure is appropriate to comply with the law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site or the service, or to protect the rights, property, or safety of Corefact, Users or others. This may include exchanging information with other companies and organizations for the purpose of preventing fraud, protecting intellectual property, and reducing credit risk.


Corefact employees and independent contractors need to have access to Personal Information to carry out their duties and obligations, such as to provide customer support, respond to inquiries, or correct an error. Only the minimum amount of Personal Information will be made available to them as needed, and in accordance with their responsibilities. They are required to ensure at all times the confidentiality and security of your Personal Information.


If any or all of the assets of Corefact are acquired by, or if Corefact merges with, another entity, or in the unlikely event of a bankruptcy, we may disclose, share or transfer some or all of our users’ Personal Information to or with this entity in preparation of the transaction, as part of the due diligence, or after the transaction has been consummated, and we may transfer Personal Information after the transaction has been consummated, so that the successor entity can continue providing our services to our Users. If the recipient of the Personal Information has practices regarding Personal Information that do not substantially meet the substance of this Privacy Notice, you will be given the opportunity not to continue to use the Site and to have your Personal Information deleted.


Corefact cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our reasonable discretion, believe necessary or appropriate to respond to and defend against legal claims, respond to legal process (including a facially valid subpoena, warrant, court order or other legal process), or otherwise as required by law.


Please note that we may not be able to notify you of a request for the disclosure of your information as described above, either because it might be prohibited by law, or because doing so would jeopardize an investigation of illegal or fraudulent activity, or because we do not have your contact information.


We may prepare reports, market analysis, and trend analysis that are based on compilation of data that Corefact has collected. These reports do not contain specific user information, but only aggregate information regarding a group of users. Data aggregation is a process in which data are gathered and expressed in a summary form for purposes such as statistical analysis, in order to obtain information about a particular group based on specific variables. This aggregated information is used for industry analysis, demographic profiling, and other purposes.


We use cookies and other technologies as described below to gather information about the Users of our Site in order to know what information is or might be of interest to them. All information collected through cookies and other technologies is processed in accordance with this Privacy Notice.


Some cookies are managed by us, and others by our service providers. These cookies are used for a variety of purposes.


Some cookies enable services that you have specifically asked for. Other cookies are used to remember the choices you made (for example, the size of the font, or the language you prefer) in order to make it easier for you to use our Site when you return. Other cookies collect information about how Users use our Site, for example which pages they visit most often, or how long they stay on a particular page. Finally, other cookies are used to collect information about your perceived interest in our products or services so that we can arrange for advertisements regarding these products or services to display on other sites that you visit on the Internet. This way, when you visit other sites that display advertisements, the advertisements that you see are more relevant to you.


These cookies are not linked to any contact information or identifying information, thus cookies do not tell us who you are, but they may identify your Device.

We want our Users to enjoy their visit to our Site, and we respect their privacy. To this end, we provide numerous privacy choices.


While we have tried to provide all tools necessary so that Users can manage their interaction with us, as listed below, you may prefer to interact directly with us. In this case, be aware that you can contact us at any time with your questions or requests for assistance. Please refer to the How to contact us section.


You can choose to block cookies. Please note that if you refuse to accept cookies from this Site, you may not be able to access certain portions of the Site.


If you no longer wish to receive marketing information or communications from us or from our affiliates entities, you can unsubscribe from our distribution list by following the unsubscribe instructions provided in the communications that you receive from us.

  • Do Not Track – California law requires that website operators disclose how they respond to a “Do Not Track” signal. However, because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signals, if any, that we might receive from browsers. We will continue to work with the online industry to define a common understanding of how to treat Do Not Track signals.


    To learn more about online behavioral advertising, and/or to opt-out of this type of advertising, please visit the Network Advertising Initiative website or the Digital Advertising Alliance website. You can also contact us as indicated in the How to contact us section.


  • Third Party Cookies – California law requires that website operators disclose whether third parties may collect personally identifiable information about an individual’s online activities. We allow third parties with which we have a separate agreement to use cookies or other technologies to collect information about Users visit to our Site. These third parties may include business partners, which may collect information when you view or interact with certain areas of this Site, and advertising networks, which may collect information about your interests or preferences, so that they can display promotional material tailored to your apparent interest on this Site or across the Internet.


    We do not share with these third parties any information that would readily identify you, such as an email address, but these third parties may have access to information about your Device, such as an IP or MAC address. We do not have access to, or control over, the technologies that these third parties may use to collect information about your interests.


  • California privacy rights – We do not share Personal Information with third parties for their direct marketing purposes other than as described in this Privacy Notice. If our practices changes we will provide you with the relevant information as required by applicable law.

Security  

Corefact employs administrative, physical, and electronic measures designed to protect your Personal Information from unauthorized access, loss, misuse, disclosure, alteration, and destruction.


When we need to transfer information out of our firewall, we use industry-standard technological means to protect Personal Information while in transit through the Internet. We use encryption and a comprehensive authentication protocol to provide reasonable security. However, please remember that no security system on the Internet is perfect.

We exercise reasonable efforts to safeguard the security and confidentiality of your Personal Information; however, transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure. We will not be liable for unauthorized disclosure of Personal Information that occurs through no fault of Corefact including, but not limited to, errors in transmission, uses of your data by a third party, your failure to comply with your security obligations, and the unauthorized acts of Corefact’s employees.

This Privacy Notice addresses only the use and disclosure of information that we collect from you through the Site, through our interaction with you or from interaction with our Business Partners. Our Site may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. They follow their own rules regarding the use or disclosure of the Personal Information you submit to them. We recommend that you to read the privacy policies or statements of these other websites.

The Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us as indicated in the How to contact us. If we become aware that a child under 13 has provided us with Personal Information, we will remove such information from our files as soon as reasonably possible.

Disputes  

If you have any concerns or claims with respect to our Privacy Notice, please contact us as indicated in the How to contact us section. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of Personal Information.


If the complaint or dispute cannot be resolved through our internal process, or Corefact does not adequately respond to your question, please contact the San Francisco office of the American Arbitration Association, which will serve as a liaison with Corefact to resolve your concerns.


If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in Oakland, California. The arbitration will be conducted by one arbitrator member of the American Arbitration Association, and under the rules of commercial arbitration of the American Arbitration Association. Both parties will bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction.

Updates  

This Privacy Notice may be updated from time to time in order to reflect changes in our practices. We will notify you of any material changes by posting the new Privacy Notice on the Site, and will obtain the necessary consents as may be required under applicable law if we seek to collect, use or disclose personal data for purposes other than those for which consent has been obtained.


Except as stated above, all changes will apply to the Personal Information that are already collected, and to Personal Information that are collected after the effective date of the revised Notice. If any proposed change is unacceptable to you, you will have the right to ask for the deletion of your Personal Information. You are advised to consult this Privacy Notice regularly for any changes.

If you have any questions, comments, concerns, complaints or claims with respect to the Site, other users of the Site, if your account has been compromised by a hacker or scammer, if another user is abusing, harassing, or stalking you, if you find that certain content displayed on the Site is inappropriate or prohibited by these Terms, or if you have any other concern, please contact us as indicated below. We will investigate and attempt to resolve the matter.


If you have any questions regarding these Terms or the Site, please contact us by email at cs@corefact.com, by phone at 866.977.3986 or by mail at: Corefact Corporation 1700 Marina Blvd., San Leandro, CA 94577.