Rule #1: Agreement
Rule #2: Changes to the TOU
Rule #3: Website Performance
Factorial Products is not liable for any delay or failure of the website, servers or BroApp to perform. There is no guarantee that users will be able to accessBroApp and Information whenever and wherever desired. There may be extended periods of time when you cannot access the website and app for various reasons, many beyond our control. Heavy Server traffic on the website may affect your access to the website. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the website's operation or downtime.
In the event this disclaimer is held not to be enforceable or is otherwise invalidated, the maximum liability of Factorial Products, its subsidiaries, affiliates, employees, officers, directors and agents to any use shall be the amount of that user’s subscription fee.
Rule #4: Copyright, Linking Policy and Trademarks
The website, BroApp, and the content contained herein, as well as all copyrights, are the property of Factorial Products and its licensors. You may access and use the content, and download and/or print out copies of any content from the Website or BroApp, solely for your personal, non-commercial use. You acknowledge that you do not acquire any ownership rights by using the Website. The Website contains links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. You may link to any content on the Site. If you are interested in reprinting, republishing or distributing content from Factorial Products, please contact Factorial Products to obtain written consent. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
Rule #5: User Conduct
You may not republish, upload, post, transmit or distribute content from the Site or BroApp to online bulletin boards, message boards, newsgroups, chat rooms, other than by the mechanisms provided to you on the Site or within BroApp without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Site or BroApp, you agree not to: Restrict or inhibit any other visitor from using the Site or BroApp, including, without limitation, by means of "hacking" or defacing any portion of the Site or BroApp; Use the Site or BroApp for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or BroApp; "Frame" or "mirror" any part of the Site or BroApp without our prior written authorization; Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or BroApp or their contents; Harvest or collect information about visitors to the Site or BroApp without their express consent.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site or BroApp and the content made available therein.
Rule #6: Disclaimer of Warranties
THE SITE AND BROAPP, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH EITHER THE SITE OR BROAPP, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Factorial Products, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE OR BROAPP.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
FACTORIAL PRODUCTS AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE OR BROAPP WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE OR BROAPP IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE OR BROAPP AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF FACTORIAL PRODUCTS OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR BROAPP OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Rule #7: Limitation of Liability
NEITHER FACTORIAL PRODUCTS NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH FACTORIAL PRODUCTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO FACTORIAL PRODUCTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR APP.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
Rule #8: Indemnification
As a condition of your use of the Site or BroApp, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site or BroApp; or (c) your violation of the rights of any third party.
Rule #9: Termination
You understand and agree that Factorial Products may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site or BroApp. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
Rule #10: Miscellaneous
The Site or BroApp is directed solely to individuals residing in jurisdictions in which provision of the Site's or BroApp’s content is legal. We make no representation that materials provided on the Site or BroApp are appropriate or available for use in other locations. Those who choose to access the Site or BroApp from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site or BroApp to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The TOU, together with all Factorial Products policies referred to herein, constitutes the entire agreement between you and Factorial Products relating to your use of the Site or BroApp and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between you and Factorial Products are governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its principles of conflict of laws. You and Factorial Products agree to submit to the personal and exclusive jurisdiction of the federal and provincial courts located within Queensland, Australia and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.