Terms of Service

These Terms of Use govern the use of Factorial Inc.’s website (www.factorialenergy.com).  By using the site, you agree to be bound by these terms.  If you do not agree to these terms of use, do not use the site. 

Factorial may change these terms from time to time, at Factorial’s sole discretion and without giving prior notice.  Please periodically visit this section of the site to review the current version of these terms.  Your use of the site following any such changes constitutes your agreement to follow and by bound by the Terms of Use as modified. You also agree to comply with any additional terms which are referred to on this site or any area within the site.

Ownership

This site is owned and operated by Factorial Inc. (referred to as “Factorial”, “we”, “us”, or “our” herein). No content on this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express permission.  Any unauthorized use of the content may violate copyright laws and trademark laws.

For information on trademarks and copyrights, please see Trademarks and Copyrights

Privacy

Your use of this site subject to Factorial’s Privacy Policy.

Cookies

We employ the use of cookies.  Please see how we use cookies at Cookie Policy.

Disclaimer of Warranty

This site is provided “as is” and with all faults.  Use the site at your own risk.  Factorial makes no representations or warranties of any kind, either express or implied, with regard to this site or the information and materials provided on this site.  To the fullest extent permitted by law, Factorial disclaims all warranties, express or implied, and all implied terms and conditions, including but not limited to those related to merchantability, satisfactory quality, fitness for a particular purpose, title, or non-infringement.

Limitations of Liability

In no event shall Factorial, or any of its employees, officers, or representatives be liable for any direct, special, indirect, incidental, special, exemplary, punitive or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with (i) the use or inability to use this site or the content, materials, software, information or transactions provided on or through the site, (ii) an claim attributable to errors, omissions, or other inaccuracies in the site or the content materials, software, information, products, or services on or available through the site, (iii) the cost of procurement of substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from our site; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on our site; or (vi) any other matter relating to our site, even if Factorial or its authorized representatives have been advised of the possibility of such damages.  Your sole remedy for dissatisfaction with the site and/or site-related services is to stop using the site and/or those services.

Applicable law may not allow the limitation of liability, implied warranties, or the exclusion or limitation of certain damages set forth above, so this limitation of liability may not apply to you.  If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Factorial under such circumstances for liabilities that otherwise would have been limited shall not exceed ten dollars ($10).

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 herein.  You agree to indemnify, defend, and hold Factorial and any of its employees, officers, and representatives harmless from and against any claims or liabilities arising out of your use of the site contrary to these terms.

General

To the maximum extent permitted by law, Massachusetts law governs the interpretation of these terms, regardless of conflict of laws principles.

These terms, and the other terms referenced on this page, constitute the entire agreement with you with respect to this site.

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.

Copyrights

© 2023 Factorial, Inc. All rights reserved.

The content of this website including its format and imagery are protected under copyright laws the United States and international treaties.  Factorial reserves complete title and full intellectual property rights for any materials downloaded from this website.

Agent designated to receive notification of copyright infringement claims under Title II of the Digital Millennium Copyright Act:

General Counsel
Factorial, Inc.
805 Middlesex Turnpike
Billerica, MA 01821
Tel: (617) 315-9733
Email: legal-notice@factorialenergy.com

Please note that any information provided regarding a notification of copyright infringement, including the original notification and any responses to it, may be shared with others as Factorial deems necessary or appropriate to process your notification.  This constitutes an exception to our Privacy Policy.

Trademarks

Last update: August 31, 2023

The following is a list of trademarks (indicated by TM) or trademarks registered in the United States
(indicated by ®) of Factorial.

Factorial®
FEST®
N! (logo)®
N!TM