Legal

Last revision made: 1 December 2008

Terms of Use

Welcome to the E-Factor, a network for aspiring and successful entrepreneurs. The E-Factor service and network (collectively, the "E-Factor Service", or the "Service") is operated by The E-Factor, Corp. and its corporate affiliates (collectively, "us", "we" or the "E-Factor"). By accessing or using our web site at www.efactor.com (collectively, the "Site"), you (the "user" or "you") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of E-Factor. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Eligibility

Membership in the Service is void where prohibited by law. This Site is intended solely for users who are eighteen (18) years or older. It is not available to users who have been suspended or removed from the Service for any reason.

Registration Data

In consideration of your use of the Service and the Site, you agree to (a) provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to E-Factor, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account.

Subscription and Premium Membership

Please note that you can unsubscribe at any time. If you have purchased a Premium Membership, a member is able to cancel from the first day after the 90 day period purchased. You can send an Unsubscribe email to us at any time. For each Premium Membership a period of min. 90 days is charged. No refund of part of this paid membership is made if the member chooses to cancel his subscription mid-way during the term.

E.Factor Benefits

Members should be aware that data is passed to the Organisation that will supply the actual medical plan or healthcare plan or any other plan such as may be offered in the future. No claims can be made agains data privacy if a Member chooses to apply for the Services offered by E.Factor or any of its providers.

E.Factor maintains the right to pass over Member data to third party providers without explicitly informing each member at the time of exchange. E.Factor warrants however that it will only pass over data where the member will benefit from additional services provided by said third party. Under no circumstances will E.Factor provide member data to outside parties for other purposes.

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the E-Factor, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the E-Factor's prior written consent, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.

Trademarks

E-Factor's trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The E-Factor.

User Conduct

You understand and agree not to use The E-Factor Service to:

• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the E-Factor for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to a) Using the Service invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) Using the Service to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the E-Factor.
• Post content in fields that aren't intended for that content. Example: Putting an address in a name or title field.
• Interfere with or disrupt the E-Factor or servers or networks connected to the E-Factor or disobey any requirements, procedures, policies or regulations of networks connected to the E-Factor Service.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website

In the course of using the E-Factor Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on www.efactor.com or otherwise providing materials to E-Factor, you are granting to E-Factor a royalty-free, perpetual, irrevocable license to use this information in the course of offering the E-Factor Service. Furthermore, you understand that E-Factor retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the E-Factor is the sole responsibility of the person from which such content originated and that E-Factor will not be liable for any errors or omissions in any content. You understand that E-Factor cannot guarantee the identity of any other users with whom you may interact in the course of using the E-Factor. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

Access to Service

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the E-Factor website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

E-Factor Communications

In the course of providing you services, E-Factor may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the E-Factor Service, including a series of up to five welcome emails which help inform new users about various features of the E-Factor. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the E-Factor Service.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the E-Factor, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless E-Factor Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the E-Factor Service; ii) unauthorized access to or alteration of your communications with or through the E-Factor Service, or iii) any other matter relating to the E-Factor Service. Any business transactions which may arise between users from their use of E-Factor are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that E-Factor may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of E-Factor, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE E-FACTOR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT E-FACTOR DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. E-FACTOR ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. E-FACTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE E-FACTOR MAKES NO WARRANTY THAT (i) THE E-FACTOR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE E-FACTOR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE E-FACTOR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE E-FACTOR SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE E-FACTOR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR 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 YOU FROM E-FACTOR OR THROUGH OR FROM THE E-FACTOR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT E-FACTOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF E-FACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL E-FACTOR'S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Termination

The E-Factor may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any platform application and/or prohibit you from using or accessing the Service or the Site or any platform application (or any portion, aspect or feature of the Service or the Site or any platform application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 and not in high school or college or breaching any provisions of these Terms of Use. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the E-Factor or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Delaware.

Arbitration

YOU AND THE E-FACTOR AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the E-Factor marketplace may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

Other

These Terms of Use constitute the entire agreement between you and E-Factor regarding the use of the Site and/or the Service, superseding any prior agreements between you and E-Factor relating to your use of the Site or the Service. The failure of E-Factor to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.