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Terms of Use

Welcome to Factivation.com.  Your use of this website indicates your agreement to the terms outlined below.

• Ownership and Operation
• Agreement to be Bound
• Copyright and Use of Site Materials
• Links to Other Sites
• Trademark Information
• Advertisements
• General Legal Terms
• Exclusion of Warranties
• Limitation of Liability

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1.0 Ownership and Operation
This website belongs to:
Factivation LLC
4105 NW 146th Terrace
Oklahoma City, OK
73134

Factivation LLC may modify content at any time. Note that modifications will be in the interest of adding value to the teachers, parents, and students using this site.
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2.0 Agreement to be Bound
Your use of this website constitutes your agreement with Factivation LLC to be bound by, and to act in accordance with these Terms and Conditions.

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3.0 Copyright and Use of Site Materials
Factivation LLC owns the copyright for all material on the website or has a valid right from a third party to use material on the website. No part of this website may be copied, reproduced, republished, uploaded, posted, transmitted, framed by another website, or distributed in any way. Subscribers may print materials for personal or classroom use ("Services"). Visitors may print free materials for personal or classroom use: however, both printed materials and videos belonging to Factivation LLC are not to be reproduced (with the exception of printable components being photocopied for use with one classroom of students) or used in any collection for resale. Permission is NOT given to save our materials to hard drives, to use on another website, or to frame in a frameset, without written permission from Factivation LLC. Such use will be viewed as theft of intellectual property and is strictly prohibited and punishable by copyright law. The contents of the website are the property of Factivation LLC and are protected without any limitation, pursuant to U.S. and foreign copyright and trademark laws.

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4.0 Links to Other Sites
The website may provide links to other World Wide Web sites or resources. You acknowledge and agree that Factivation LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Factivation LLC 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

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5.0 Trademark Information
You agree that all of Factivation LLC's trademarks, trade names, logos and brand features, and product and service names are the property of Factivation LLC. You agree not to display or use Factivation LLC's marks in any way without prior written consent from Factivation LLC.

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6.0 Advertisements
6.1 The website is currently not displaying advertising or promotions. You agree that, in the future, Factivation LLC may place such advertising on the website. The advertisements may be targeted to the content of information stored on the website, queries made through the website, or other information. The manner, mode and extent of advertising by Factivation LLC on the website are subject to change without specific notice to you.

6.2 You agree that Factivation LLC may email you with information about the website, including but not limited to product offers and updates.  At any time, you may unsubscribe from receiving promotional emails, but agree that we may contact you with renewal reminders and/or to obtain information about the status of your account, if needed.  Your email address and personal information will remain confidential and will not be shared or sold for any reason.

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7.0 General Legal Terms
7.1. You may, as a result of or through your use of the Services use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. See Terms of Use for Wild Apricot. If so, the Terms do not affect your legal relationship with these other companies or individuals.

7.2. The Terms constitute the whole legal agreement between you and Factivation LLC and govern your use of the website (but excluding any services which Factivation LLC may provide to you under a separate written agreement).

7.3. You agree that Factivation LLC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the website.

7.4. You agree that if Factivation LLC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Factivation LLC has the benefit of under any applicable law), this will not be taken to be a formal waiver of Factivation LLC's rights and that those rights or remedies will still be available to Factivation LLC.

7.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

7.6. No other person or company shall be third party beneficiaries to the Terms.

7.7. The Terms, and your relationship with Factivation LLC under the Terms, shall be governed by the laws of the State of Oklahoma. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Oklahoma County, Oklahoma to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Factivation LLC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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8.0 Exclusion of Warranties
8.1. Nothing in these Terms, including Sections 9 & 10, shall exclude or limit Factivation LLC's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law

8.2. You expressly understand and agree that your use of the website is at your sole risk and that the website is provided "AS-IS" and "AS AVAILABLE." From time to time, Factivation LLC reserves the right to temporarily shut down the Service to perform maintenance.

8.3. In particular, Factivation LLC, its subsidiaries and affiliates and its licensors do not warrant or represent to you that:

8.3.1. Your use of the website will meet your requirements,
8.3.2. Your use of the website will be uninterrupted, timely, secure of free from error

8.4. Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

8.5. No advice or information, whether oral or written, obtained by you from Factivation LLC or through or from the website shall create any warranty not expressly stated in the terms.

8.6. Factivation LLC further expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

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9.0 Limitation of Liability
Subject to overall provision in paragraph 9.1 above, you expressly understand and agree that Factivation LLC , its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly) any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

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Dated: February 1, 2010
Factivation LLC

Copyright © 2007-2013, Factivation LLC.

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