Fact Retriever Terms of Use

Last modified: August 19, 2016

Introduction

These Terms of Use ("Agreement") sets forth the legally binding terms for your use of the Fact Retriever Website (www.factretriever.com) (the “Website”). By using the Website, you agree to be bound by this Agreement. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, please do not use the Website. The content and information on this Website is proprietary to Fact Retriever or its affiliates, suppliers, and providers.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

Privacy Policy and Modification of the Terms of Use

Your use of the Website is governed by Fact Retriever’s Privacy Policy, which is available at http://www.factretriever.com/privacy and incorporated by reference into this Agreement. Fact Retriever may modify this Agreement from time to time and such modification shall be effective upon posting by Fact Retriever on the Fact Retriever Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Modification of Website

Fact Retriever reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Website (or any part thereof) with or without notice. You agree that Fact Retriever shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

Use of Copyrighted Materials and Trademarks

Any materials on this Website, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the "Materials") are copyrighted materials owned by or licensed to Fact Retriever. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Fact Retriever and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners.

If you are referencing Website Materials, we ask that you include a hyperlink to either our homepage or to the specific article you are referencing. If you use or reference information from the Website in any print publication, please credit both the article’s author and the Website. For help creating accurate reference citations, please click here. While you are encouraged to use several facts in your work, please note that complete publication of an entire article is prohibited. If you use more than 6 facts, please request written permission from Fact Retriever at editor@factretriever.com.

Except as otherwise noted, you are also hereby authorized to view, cache, and print the Materials, subject to the following conditions: (1) Any copy of the Materials or portion thereof must include the Fact Retriever copyright notice; (2) Fact Retriever reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Fact Retriever.

Hyperlinks to this Website

You are granted a limited, nonexclusive right to create a “hypertext” link to this Website provided that such link does not portray Fact Retriever or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Fact Retriever trademark, logo or trade name or other proprietary information including the images found at the Website, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Fact Retriever.

Prohibited Uses

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” ”spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Fact Retriever, a Fact Retriever employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
  • To harvest or collect information about other users of the Website.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Fact Retriever or users of the Website or expose them to liability.
  • To make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Materials, product listings, descriptions, prices, or images, except pursuant to the limited license granted by this Agreement.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any unauthorized purpose without Fact Retriever’s prior written consent.
  • Use any meta tags or any other hidden text utilizing Fact Retriever’s name or marks.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Copyright Infringement Claims

Fact Retriever respects the rights of copyright owners. Fact Retriever is a service provider under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”). Fact Retriever will investigate proper notices it receives of copyright infringement and take appropriate action as required by the DMCA. If you believe your copyrighted work is accessible on the Website in a way that constitutes copyright infringement, you may provide written notification of the claimed infringement (the “Notification”) to Fact Retriever’s copyright agent designated below.

     DMCA Designated Agent:
     PO Box 58411
     Salt Lake City, UT 84158
     editor@factretriever.com

Pursuant to Section 512(c)(3) of the DMCA, to be effective your Notification must provide all of the following information:

  1. your physical or electronic signature;
  2. identification of the copyrighted work allegedly infringed or, if the claim involves multiple copyrighted works on the Website, a representative list of such works;
  3. identification of the allegedly infringing material that is to be removed or access to which is to be disabled, and information sufficient to permit Fact Retriever to locate that material;
  4. information sufficient to permit Fact Retriever to contact you, including your address, telephone number and, if available, email address;
  5. a statement that it is your 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
  6. a statement, under penalty of perjury, that the information in the Notification is accurate and that you are authorized to act on behalf of the owner of the copyrighted work allegedly infringed.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notification may not be effective. Please be aware that if you knowingly materially misrepresent that any content on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If Fact Retriever receives an effective Notification, it will follow the procedures outlined in the DMCA for notice and takedown, which is subject to the allegedly infringing party’s right under the DMCA to submit a counter-notification claiming lawful use of the removed or disabled content.

Fact Retriever will not tolerate repeat copyright infringers and reserves the right to terminate repeat copyright infringers’ access to the Website.

Liability Disclaimer

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FACT RETRIEVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. FACT RETRIEVER MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. THE INFORMATION ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, FACT RETRIEVER AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO ANY INFORMATION. FACT RETRIEVER MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME. FACT RETRIEVER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCT OR SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FACT RETRIEVER. ALL SUCH PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. FACT RETRIEVER, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL FACT RETRIEVER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF FACT RETRIEVER (OR ITS AGENTS) FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS EARNED BY FACT RETRIEVER FOR THE PRODUCT OR SERVICE GIVING RISE TO SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold Fact Retriever harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by (i) you or on your behalf in excess of the liability described above; or (ii) any third party arising out of your use of the Website, or (iii) by third parties arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

Comments

Fact Retriever encourages you to share comments on the Website. Fact Retriever reserves the right to review any comments, and may remove any that are deemed inappropriate, offensive, contain insults or attacks, duplicate posts, contain illegal suggestions, or contain advertisements/SPAM/solicitation. Comments, images and other content posted to these pages and our Facebook Page do not necessarily represent the opinions of Fact Retriever.

Advertising and Links to Third-Party Sites

This Website contains hyperlinks to websites operated by parties other than Fact Retriever. Such hyperlinks are provided for your information and reference only. Fact Retriever does not control such websites and is not responsible for their contents or your use of them. Fact Retriever's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. You further acknowledge and agree that Fact Retriever 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 the use of or reliance on any content, goods or services available through any third party website.

Geographic Restrictions

Fact Retriever is based in the United States. We make no claims that the Website (including, without limitation, the Materials) is accessible or appropriate outside of the United States. Access to and use of the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Utah, without resort to its conflict of law provisions. Any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Salt Lake County, Utah, or the United States District Court for the District of Utah, and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.