Terms and Conditions for Use

www.factualsoft.com

Factual Soft Company LLC.

Rapid Dox Software

Last updated: November 3rd, 2015

These Terms of Use apply to www.factualsoft.com and all other websites maintained by Factual Soft Company LLC.  Technology, or its affiliates. By using the site, you agree to be bound by these terms and any additional terms that may be posted for a specific Factualsoft.com sub-site. If you do not agree to these terms of use, do not use the site. Factual Soft Company LLC.  may change these terms from time to time, at Factual Soft Company LLC.  sole discretion. Please periodically visit this section of the site to review the current version of these terms. You agree to comply with any additional terms which are referred to on this site or any area within the site.

Unless expressly permitted, you may not copy or distribute any content from this site. As long as you comply with these terms, Factual Soft Company LLC grants you a non-exclusive, non-transferable, limited right to access and make reasonable use of this site and its content. You agree not to interrupt or attempt to interrupt the operation of this site. Factual Soft Company LLC.  may add, change or remove any content posted on this site, including features and specifications of products described or depicted on the site, at any time, without notice and without liability.

Ownership

The content on the site is protected by copyright law and international conventions and is the property of its owner. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Certain documents published on the site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.

User Contributions

If you send, post, or otherwise provide to Factual Soft Company LLC any comments, content or other materials, such materials will be treated as non-confidential and non-proprietary. By posting such materials, you represent to Factual Soft Company LLC and the other users of this site that you own the materials. You retain ownership of the materials you post, but you grant to Factual Soft Company LLC a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use and commercialize any ideas, concepts, know-how or techniques contained in such materials in any way and for any purpose whatsoever. Factual Soft Company LLC shall have no obligation of any kind with respect to such materials and will be free to copy, use, modify, display and distribute the materials to others, without limitation.

User Conduct

You may not use the site to post or send any materials that (1) interfere with anyone else’s use of the site; (2) are “spam,” abusive, illegal, obscene or threatening in any way; (3) encourage anyone to break the law, or to breach their agreements with Factual Soft Company LLC or third parties; (4) violate anyone’s copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; (7) are advertising, surveys, or other commercial materials, except in those areas of the site where these materials are permitted; or (8) contain false or misleading statements of fact or descriptions of the origin of the material.

Although Factual Soft Company LLC may from time to time monitor or review bulletin boards, chatrooms, postings and other areas of the site, Factual Soft Company LLC is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such postings or for any defamation, inaccuracy, libel, obscenity, or profanity contained in any such posting. Factual Soft Company LLC may edit or remove any user material or conversation that violates Factual Soft Company LLC policies in any way. Factual Soft Company LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Factual Soft Company LLC to disclose the identity of anyone posting such materials.

If an area of the Site allows “private” sharing of User Materials, Factual Soft Company LLC does not guarantee the security or privacy of such User Materials.

If you believe another user is violating these terms, particularly if you believe another user is inciting violence or affecting human dignity, please contact us.

If you believe that any user material infringes your copyrights, please provide notification pursuant to Factual Soft Company LLC Copyright Complaint Policy.

Links

The site may contain links to other Internet sites. Factualsoft.com provides such links for your convenience, and is not responsible for the content of any website linked to or from this site. Links to any other website do not mean that Factual Soft Company LLC approves of, endorses, or recommends that website. Factual Soft Company LLC disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Access and Interference

The site may contain measures, such as robot exclusion headers, to prevent or restrict access to the sites. You agree not to interfere or attempt to interfere with the proper working of the sites and not to bypass the robot exclusion headers or other measures Factual Soft Company LLC may use to prevent or restrict access to the sites.

Disclaimer of Warranty

The site is provided free of charge, and accordingly is provided “AS IS” and with all faults. Use the site at your own risk. Factual Soft Company LLC  makes no representations or warranties of any kind, either express or implied, with regard to the site. To the fullest extent permitted by law, Factual Soft Company LLC disclaims all warranties, express or implied, and all implied terms and conditions, including but not limited to those related to merchantability, satisfactory quality, and fitness for a particular purpose, title or non-infringement.

Disclaimer of Liability

Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website.

We disclaim any and all liability to you for the Services supplied to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.

We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.

The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.

We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties

Indemnification

You could be held liable if your use of the site is contrary to these terms, the Privacy Policy, or the other terms referenced on this page. You agree to indemnify, defend, and hold Factual Soft Company LLC.

harmless from and against any claims or liabilities arising out of your use of the site contrary to these terms.

General

The laws of the state where you live govern all other claims, including claims under state consumer protection and unfair competition laws. If you are accessing the site outside of the United States, the laws of that country apply. These terms describe certain legal rights. You may have other rights under the laws of your state or country. These terms do not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

If any provision of these terms is legally invalid, these terms shall endure except for the invalid provision. However, if a court determines that any provision is invalid, the court may limit the provision, delete specific words or phrases, or replace the invalid provision with a provision that is valid and that comes closest to expressing the intent of the invalid provision.

Electronic Commerce (EC Directive) Regulations for European Users

The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2103) (as may be amended from time to time) shall to the fullest extent permitted by law be excluded from these terms where you are using this site in the course of your trade, business or profession.

 

Terms and Conditions for Product Sales

 

This Agreement between Factual Soft Company LLC (“Software”) and the purchaser/licensee (referred to as “you”) is effective upon acceptance by Factual Soft Company LLC of your signing this agreement. The placing of an order with Factual Soft Company LLC shall by itself constitute acceptance of these terms and conditions to the exclusion of any additional terms or conditions stated on your order form or any other document referenced by you.

 

Definitions (as used in this Agreement):

(a)”Hardware” means the computer and/or other equipment specified on the Terms.

The Hardware ordered may contain refurbished parts.

(b)”Software” means all software, in object code only, listed on the Quotation and provided by Factual Soft Company LLC to you hereunder, together with all firmware, technology contained in circuit boards, Factual Soft Company LLC -authorized updates, replacements or modifications provided to you. The Software may include software licensed to Factual Soft Company LLC by third parties.

(c)”Product” means an integrated hardware/software system furnished to you by Factual Soft Company LLC and comprised of the Hardware and/or Software.

 

Price and Payment.

The price and payment terms for the Products are:
Multiple licenses must be purchased in one transaction to get bulk discounts.
$50 Annual maintenance — first year maintenance is included.
Maintenance includes upgrades, bug fixes and software updates.

 

Disclaimer of Liability

Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website.

We disclaim any and all liability to you for the Services supplied to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

We do not accept any liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website or for any products or services purchased from us.”

We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.

The products sold by us are provided for international and commercial use. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website to download any products or services purchased from us.

We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties

 

Title to the Software

Title to the Rapid Dox software shall at all times remain with Factual Soft Company LLC. For the avoidance of doubt, the copyright and all other intellectual property rights which subsist in the software are and shall remain the property of Factual Soft Company LLC Your right to use the software is subject to the license specified in this agreement.  Product(s) provided by Factual Soft Company LLC. may be subject to regulations issued by the Department of Trade and Industry and the United States Department of Commerce. These regulations impose restrictions as to the ultimate destination of the Product(s) and require that certain documents be completed and records maintained.  You confirm that you are not a denied party and agree to conform to these requirements and further agree not to undertake any export of the Product(s) without prior written consent of the requisite legislative bodies.

 

Software License:

Factual Soft Company LLC grants, and you accept, a non-exclusive, subject to the terms and conditions of this Agreement, and the terms of the Software license Agreements, the terms of which are available at  www.factualsoft.com/legal to use the Software on and in connection with the Hardware.

 

Confidentiality:

You acknowledge that the Product(s) contain proprietary and confidential property of www. Factual Soft Company LLC and/or Factual Soft Company LLC. licensors (collectively, “Confidential Information”) you will not disclose, provide or otherwise make available any such Confidential Information to any person other than your employees who need to have access thereto to carry out their duties.