FACTIMIZE PATTERNVIEWER – TERMS OF SERVICE
- Description of Application. Subject to acceptance of your registration by EVDense Holding Company, Inc. (aka “Factimize PatternViewer”) and your compliance with the terms and conditions of this Agreement, Factimize PatternViewer will provide you with the following application (the "Application"): (a) Factimize PatternViewer will establish one (1) online account in your name on the Factimize PatternViewer servers (the "Account"); (b) Factimize PatternViewer will provide you with storage of up to 1 GB of data files in your Account; (c) Factimize PatternViewer will allow you to organize, add commentary and establish relationships among your files; (d) at your option and cost, Factimize PatternViewer will provide custom services to process your files and deliver to you a data summary analysis report; and (e) Factimize PatternViewer will allow you to retrieve data files from your Account. You are responsible to provide your own Internet access with your personal equipment and devices.
- Conditions of Use. You are solely responsible for the content of all files you store or retrieve from, or attempt to store or retrieve from, your Account, and for all transmissions by you from and to your Account. You may use your Account only for your personal purposes and not for any organizational or institutional purposes. Your use of the Application is subject to all applicable local, state, national and international laws and regulations. Accordingly, you will not: (a) use the Application for any illegal purpose; (b) use the Application to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; (iv) any code or material that violates the intellectual property rights of others; or (v) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) use the Application for any purpose that, in the sole and absolute discretion of Factimize PatternViewer, may violate or cause any violation of any national or international security laws, rules or regulations including without limitation the Homeland Security Act of 2002 or any other similar laws of any other jurisdictions or sovereign nations; (d) use the Application for any spamming, chain letters or other use that may otherwise disrupt the Application or the networks through which you access and use the Application; or (e) access or attempt to access any Application account for which you have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.
- Restrictions on Use. You will: (a) comply with all regulations, policies and procedures of networks through which you access and use the Application; and (b) comply with United States, Canadian and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States, Canada, or other jurisdictions through the Application.
- Prices. All fees and charges paid by you for the Application and related services (if any) are nonrefundable.
- Use of IP Addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Factimize PatternViewer may collect IP addresses for the purposes of system administration, to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our terms of service or to protect our service, site, customers, or others. Some services and emails sent from Factimize PatternViewer, such as registration related ones, may display IP addresses along with the message.
- Account and Password. After you accept this Agreement and your registration has been accepted by Factimize PatternViewer, your Account will be established. You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your Password/encryption password. You will notify Factimize PatternViewer of any unauthorized use or other breaches in security of your Account immediately after you learn of the same.
- Security of Stored Data and Files. Factimize PatternViewer generally will (a) restrict access to the data and files you store or retrieve from your Account to persons accessing such data and files through use of your Account, and (b) use Secure Socket Layer encryption methods for communications to and from your Account. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, you hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files you store in your Account.
- Content of Stored Data and Files. You are solely responsible to: (a) obtain sufficient rights to the content of all data and files stored by you on Factimize PatternViewer's servers; and (b) ensure that such content does not include any of the items that violate the Conditions of Use paragraph above. If Factimize PatternViewer suspects that an account is being used for storage and distribution of any illegal material such as copyrighted content, Factimize PatternViewer reserves the right to examine the content of the online storage and backup account. Factimize PatternViewer reserves the right to refuse, remove or disable access to any data or files stored on Factimize PatternViewer's servers with immediate effect that Factimize PatternViewer learns may be illegal, may violate the Conditions of Use paragraph above, may violate the rights of any third party or otherwise may be reasonably objectionable.
- Backups of Data. Factimize PatternViewer may maintain regular backups of data to recover from any software/hardware failures.
- Disclaimer of Warranties. The transmission, storage, viewing and retrieval of data and files through the Internet are subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE APPLICATION ARE AT YOUR SOLE RISK. YOUR ACCOUNT AND THE APPLICATION ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. FACTIMIZE PATTERNVIEWER, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE APPLICATION (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE APPLICATION MAY NOT MEET YOUR NEEDS. FACTIMIZE PATTERNVIEWER MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE APPLICATION WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE APPLICATION WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
- Limitations of Liability.IN NO EVENT SHALL FACTIMIZE PATTERNVIEWER OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (1) THE COST OF PROCUREMENT OF SUBSTITUTE APPLICATIONS, SERVICES OR DATA, OR (2) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION), OR (3) OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE APPLICATION OR YOUR LOSS OF DATA OR FILES STORED THEREIN. If, notwithstanding the other provisions of these Terms of Service, Factimize PatternViewer is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Application, Factimize PatternViewer's liability shall in no event exceed the lesser of (1) the total of any subscription or similar fees with respect to any feature of or on the Application paid in the twelve months prior to the date of the initial claim made against Factimize PatternViewer or (2) One Thousand Two Hundred Dollars (U.S. $1,200.00). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
- Indemnification. You will defend, indemnify and hold Factimize PatternViewer, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (a) your use of your Account and the Application; (b) any data files and content stored by you in your Account and otherwise on the Factimize PatternViewer servers; and (c) any violation of this Agreement by you.
- Termination. Either you or Factimize PatternViewer may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in the Notice paragraph below. Termination of your Account for any reason will also terminate Factimize PatternViewer's offer for free storage and other free services (if any). If Factimize PatternViewer believes that you have violated your obligations under this Agreement, Factimize PatternViewer may, at its option and in addition to its other remedies, immediately and without notice, suspend your Account, remove and destroy data and files stored by you on Factimize PatternViewer's servers and/or terminate this Agreement. Factimize PatternViewer will not be liable to you or any third party for any suspension or termination of your Account or the Application. If you object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Application in any way, your only recourse is to immediately: (a) discontinue use of the Application; (b) terminate this Agreement; and (c) notify Factimize PatternViewer of such termination. Paragraphs 11, 12, 13, 14, 15, 16, 17, and 18 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.
- Notices. Any notice under this Agreement given by Factimize PatternViewer to you will be deemed to be properly given if sent by email to your email address as set forth in the Registration Information, or by a startup screen that starts before your next use of the Application or by written communication mailed by first class U.S. mail to your address on record in the Registration Information or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working email address and update it if necessary to be able to receive Factimize PatternViewer's communication. Any notice under this Agreement given by you to Factimize PatternViewer will be deemed to be properly given if received by email sent to Factimize PatternViewer's Customer Service at email@example.com. On the successful cancellation of your Account, or by Factimize PatternViewer due to various reasons including non-payment for premium services, your data files will be removed within a five (5) day period after the cancellation date from main storage.
- Severability. This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
- Modifications. The terms and conditions of this Agreement may be changed by Factimize PatternViewer from time to time. Upon any such change, Factimize PatternViewer will notify you of such change in accordance with the Notice paragraph above and post an updated version of this Agreement on the Factimize PatternViewer website currently located at http://www.factimize.com. Your use of the Application after such notification will constitute your acceptance of such changed terms and conditions.
- Miscellaneous. Your right to use the Application is personal to you, and you will not assign any of your rights, obligations or interest in this Agreement or your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. Factimize PatternViewer's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of Washington, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in King County, Washington, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or your use of the Application or your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after Factimize PatternViewer's delivery of the Application and final products (if any) to you, or such claim or cause of action is forever barred. If either you or Factimize PatternViewer employs lawyers to enforce any rights arising out of or relating to this Agreement, the prevailing party will be entitled to recover its reasonable legal fees, costs and other expenses. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.