Terms of Service

Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Site, including any images, text, graphics, sounds, data, links and other materials incorporated into our Site (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site or create derivative works of any portion our Site without our written consent. While using our Site, you agree not to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity;
• Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
• Restrict or inhibit any other user from using any of our Site, including, without limitation, by means of "hacking" or defacing any portion our Site;
• Violate any applicable laws or regulations;
• Upload to, transmit through, or display on the Site any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
• Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Site; and
• Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site.

If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Site.

We reserve the right to alter or discontinue our Site, in whole or in part, at any time in our sole discretion.

You may create a member account with our Site by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Site.

If you choose to disclose your username and password, you agree you retain that responsibility. In the case where your company has created an account in your name and acted on your behalf to create or place orders, your company becomes responsible for those activities and actions. You will immediately notify us of any unauthorized use of your account on any of our Site. In order to create a member account with our Site, you must be at least 18 years of age. You represent to us that you are at least 18 years old. If you are not, please do not set up an account with any of our Site.

If you wish to purchase any products or services through our Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete.

Submitting a purchase which requires your approval of a design is an assumption of liability by you for any subsequent issue or defect with the purchase caused by the design.

You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

Title and risk of loss for any purchases pass to you upon your purchase of the product or service. We will charge your credit card when you place an order. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

For products purchased that are mailed to a third party (i.e. postcards, letters, mailers), we are not responsible for damage to the product caused by the mailing entity (ex: United States Postal Service, FedEx, UPS), nor are we responsible for assuring deliverability of the product once it leaves our facility. For all other products, you must notify us within 30 days of purchase regarding any deliverability or condition issue so we may research the issue and provide an update. For returns, you will be responsible for returning the product in resellable condition when applicable and any applicable restocking fees.

Your purchase request shall not be effective until accepted by Corefact. Acceptance by Corefact shall be evidenced only by the actual delivery of Purchase Points into your account. Notwithstanding the foregoing, Corefact reserves the right to revoke or cancel any acceptance and cancel and reverse purchases as set forth below.

1. Purchase Points hold no cash value.
2. All Purchase Point sales are final. The purchase of Purchase Points are non-refundable, nor redeemable for cash.
3. Purchase Points may be used for the period stipulated upon purchase, however this period will not be altered after purchase/receipt, nor may the original term be longer than one (1) contract year. After expiry, Purchase Points will no longer be available for use.
4. Purchase Points are non-transferable, i.e. Purchase Points may not be transferred from one account to another.
5. You may not sell, barter or otherwise conduct any unauthorized distribution of any Purchase Points purchased hereunder.
6. Corefact shall have no liability or responsibility where you are unable to use or redeem Purchase Points.
7. In the event of any Purchase Points or financial discrepancy, the payment calculations with respect to a purchase of Purchase Points hereunder shall be based upon data contained in Corefact's records, and the data in Corefact's records shall take precedence over the data in any other records.
8. You agree that the awarding and use of all Purchase Points, including those purchased hereunder, are subject to the terms, conditions, exclusions and limitations of the Purchase Point Program (known as the Program), and that Corefact and its affiliates have the sole and exclusive authority and responsibility for operating, modifying, terminating and establishing the terms and conditions applicable to the Program.
9. You shall indemnify, defend and hold Corefact and its affiliates, and their respective directors, officers, employees, contractors, partners, agents, affiliates, successors and assigns, harmless from and against any and all losses, obligations, claims, damages, demands, liabilities, suits, actions, costs, fees and expenses whatsoever incurred, suffered or borne by or asserted against any such persons in any way relating to, arising out of or resulting from (i) your use of or participation in the Program, (ii) your performance or failure to perform hereunder or (iii) any breach by you of these Terms and Conditions.
10. THE PURCHASE POINTS SOLD TO YOU AND ANY ASSOCIATED SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. COREFACT'S ENTIRE LIABILITY, REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE PURCHASE OF PURCHASE POINTS. IN NO EVENT SHALL COREFACT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR PURCHASE OF POINTS HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR COREFACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. You shall comply with all laws, rules and regulations applicable to these Terms and Conditions and your purchase of Purchase Points.
13. You may not assign or transfer these Terms and Conditions, or any right or obligation hereunder.

Promotions and advertisements may, at times, be displayed on accessed services. These promotions and advertisements may be targeted to the content of information stored on services, queries made through services or other information. The manner, mode and extent of advertising by Corefact on services may change without notice.

In consideration for Corefact granting you access to and use of services, you agree that Corefact may place advertising on the services.

Monthly subscription programs/services are payable by means of a Monthly Subscription Fee, which fee shall be chargeable and accrue on or about the same business day of each month until termination of this Agreement by Corefact or until you notify Corefact of, and Corefact receives, notice of termination by you. Payment of Monthly Subscription Fees shall be made automatically by means of a charge by Corefact against your bank debit or credit card account, and you agree to keep said account current and in good standing such that charges against same may be collected; and further, to provide Corefact promptly of any change in account number, date of expiration or any other information necessary to ensure uninterrupted processing of said monthly payment. Corefact is not obligated to prorate or to refund any accrued Monthly Subscription Fees. An active subscription is required in order to use said subscription programs/services or to obtain technical support.

In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through our Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such Promotion. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.

Our Site may direct you to sites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that our Site directs you to such Third Party Properties does not indicate any approval or endorsement of any such Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties. Other sites may provide links to our Site with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

We will have the right, at any time and in our sole discretion, to block links to our Site through technological or other means without prior notice.

Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:

• You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment.
• Please note that, while you retain ownership of your User Submitted Materials, any template or layout that we provide which you use to arrange or organize such User Submitted Materials using tools and features made available through our Site are not proprietary to you, and the rights to such template or layout will remain with us. To the extent you or your employer provide the template or layout (collectively, “Proprietary Designs”), or you pay us to customize a template or layout for you (collectively, “Custom Designs”), then you or your employer will own such Proprietary or Custom Designs.
• You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
• You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.
• You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
• You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person.
• User Submitted Materials that violate these Terms may be removed from our Site; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any User Submitted Materials from our Site. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.

While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Site to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Site should be sent to:

Many of our customers are interested in submitting ideas and suggestions for products and services to be used at our Site, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our Site; however, please note that any such ideas or suggestions that you submit, other than Proprietary Designs and Custom Designs, will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.

You can inquire regarding such approval by sending a letter to Corefact Corporation, Attn: Idea Submission, 1700 Marina Blvd., San Leandro, CA 94577. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by us in order to evaluate your idea or suggestion.

This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

All trademarks and service marks on any of our Site not owned by us are the property of their respective owners. Corefact owns the following registered trademarks and logos: "Corefact, Corefact Flame and other marks are trademarks of Corefact Intellectual Property". The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Our Site is controlled and operated from the United States. Our Site is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that our Site and products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access our Site do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Alameda, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Performance of the Site and our services may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.

If you have any questions or comments regarding these Terms, please contact: cs@corefact.com.

Either you or we may terminate your access to our Site and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Site will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, Corefact may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Site and to your account and/or as a result of the deletion of any information, files or materials in or related to your account.

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF ANY OF OUR SITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.