Terms and Conditions

FIGURE FACTS, LLC AGREEMENT

FIGUREFACTS.COM WEBSITE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions and the FIGUREFACTS PRIVACY POLICY. By accessing this site, or downloading or viewing any materials, you are signifying that you have read and agreed to all applicable guidelines, policies, regulations and rules set forth herein or otherwise provided by FIGUREFACTS and you signify your assent to these Terms and Conditions. If you do not agree with any part of the following Terms and Conditions, you must not access any materials or otherwise use this site.

Limited permission to view using a browser and to cache granted subject to the Terms and Conditions herein.

All content, images, Web site design elements, text, graphics, logos, buttons, icons, other material, the presentation, selection and arrangement thereof, and all software Copyright © 2002-2017. FigureFacts.com, 980 N. Michigan Avenue, Suite 1400, Chicago, IL USA 60611.

ALL RIGHTS RESERVED.

This agreement, between you and FigureFacts, L.L.C. (“FIGUREFACTS”), addresses the use of distributed material at www.figurefacts.com or material otherwise made available by FIGUREFACTS (collectively referred to as “Content”), regardless of the medium.

Responsibilities of Users:

  • User shall access the FIGUREFACTS Content responsibly, respecting the rights of FIGUREFACTS and the needs of other Users.
  • If User subscribes to a subscription-based service or section of this Web site, User will adhere to the FIGUREFACTS Subscriber Agreement. User will be responsible for any usage of his or her account and must maintain the secrecy of his or her password(s).
  • User must report any misuse of FIGUREFACTS Content or violations of these Terms and Conditions to info@figurefacts.com.
  • User must comply with all reasonable requests and instructions regarding the Content made available by FIGUREFACTS.
1. OWNERSHIP. This site and all Content available via this site are the copyrighted property of FIGUREFACTS, and/or its various third party providers and distributors. Third party providers or distributors may own portions of the material found on this site and such material is the copyrighted work of the respective third party provider or distributor. None of the Content or data found on this site may be reproduced, republished, distributed, sold, transferred, stored, archived or modified without the express written permission of FIGUREFACTS and/or its third party providers or distributors, except as provided in the FIGUREFACTS Subscriber Agreement. In addition, the trademarks, logos and service marks displayed on this site (collectively, the “Trademarks”) are registered and/or common law trademarks of FIGUREFACTS, their affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of FIGUREFACTS or such other party that may own the Trademarks. Inclusion of third party brand names or products on figurefacts.com is not an endorsement by FIGUREFACTS.

 
2. USE OF SITE. This Web site is intended for educational purposes only. Information on this web site should not be used as a substitute for professional medical advice, and you should consult with a qualified medical professional prior to changing your current diet or exercise regime. The contents of this web site are for personal, non-commercial use only, and any other use is strictly prohibited. You may only use this site to access the Content or make inquiries to FIGUREFACTS and not for any other purposes. This site and the Content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of FIGUREFACTS. Archiving, saving, ’embedding’ or using analogous technology to capture Content is strictly prohibited unless specifically authorized in writing. Unauthorized use of this site and/or the Content contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. Any Content retained by User must include all copyright and trademark notices and other proprietary notices contained in the Content. The use of any Content on any other Web site, in any environment of networked computers or any other medium is strictly prohibited, except as provided in the FIGUREFACTS Subscriber Agreement. You are prohibited from submitting, posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

 
3. AUTHORIZED USER, AGE AND RESPONSIBILITY. You represent that you are an authorized User of FIGUREFACTS, have rights to access FIGUREFACTS Content, are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.

 
4. PRIVACY. You have read the FIGUREFACTS Privacy Policy [provide link to privacy policy], the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to FIGUREFACTS by FIGUREFACTS and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the FIGUREFACTS PRIVACY POLICY.

 
5. MESSAGE BOARDS. FIGUREFACTS may maintain chat rooms, online bulletin boards and other forms of real time communication. The Company may, but generally does not, monitor communications for accuracy or compliance with this Agreement. You may not use the web site to make create, solicit, transmit, upload, or publish anything that: (i) is offensive, (ii) violates the rights of another, including intellectual property rights, (iii) infringes on a person’s privacy rights, (iv) contains a computer virus or corrupt data, (v) impersonates any person, (vi) violates any applicable law, (vii) is in the nature of promotional material, including “spamming” activities in chat rooms or message board. By communicating through the Web site, you grant FIGUREFACTS a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce, publish, post, and create derivative works from all communications.

 
6. TERMINATION. This Agreement may be terminated by User at any time by discontinuing use of the FIGUREFACTS Web site. This Agreement may be suspended or terminated by FIGUREFACTS (i) automatically upon any violation of this Agreement, with or without prior notice to the User at FIGUREFACTS’s sole discretion; or (ii) at any time, for any reason, or no reason at all, with or without prior notice to the User. Upon any termination by FIGUREFACTS, User shall discontinue any efforts to access the FIGUREFACTS Web site.

 
7. EXCLUSION OF WARRANTY. FIGUREFACTS AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIGUREFACTS AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

 
8. LIMITATION OF LIABILITY. FIGUREFACTS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL FIGUREFACTS OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY FIGUREFACTS OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

 
9. SERVICES DISCLAIMER. FIGUREFACTS PRESENTS THE INFORMATION ON THIS WEB SITE AS A SERVICE TO OUR USERS AND SUBSCRIBERS. WHILE THE INFORMATION ON THIS SITE IS ABOUT HEALTH ISSUES, IT IS NOT MEDICAL ADVICE. MOREOVER, WE MAKE NO WARRANTY OR GUARANTEE CONCERNING THE ACCURACY OR RELIABILITY OF THE CONTENT AT THIS SITE OR AT OTHER SITES TO WHICH WE MAY LINK.

 
10. INDEMNIFICATION. You shall defend and indemnify FIGUREFACTS and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this site.

 
11. LINKS. This site may contain links to other Web sites that are provided solely as a convenience to you and are not necessarily an endorsement by FIGUREFACTS or its third party providers or distributors of the contents of such other Web sites. Neither FIGUREFACTS nor any third party provider or distributor shall be responsible for the content of any other Web sites and makes no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites or participate in any offers or programs via such Web sites, you do so at your own risk.

 
12. SUBMISSIONS. “Submissions” means all comments, feedback, suggestions, photos, surveys, reports, e-mail and other information or materials that you submit to FIGUREFACTS. Submissions will not be confidential and will become the property of FIGUREFACTS upon submission to FIGUREFACTS. By providing any such Submissions, you agree to assign to FIGUREFACTS, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to FIGUREFACTS will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not FIGUREFACTS, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. FIGUREFACTS does not prescreen or monitor any Submissions as a matter of policy.

 
13. NOTICES. Except as otherwise provided herein, all notices must be in writing to FigureFacts, 980 N. Michigan Avenue, Suite 1400, Chicago IL 60611, Attention: Roberta Clarke.

 
14. RELATIONSHIP. Your use of this site is independent of FIGUREFACTS and not as an employee, agent, partner, or joint venturer with FIGUREFACTS for any purpose.

 
15. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Cook County, the State of Illinois, United States of America, in all questions and controversies arising out of your use of this site and this Agreement.

 
16. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

 
17. MODIFICATION. FIGUREFACTS may at any time modify these Terms and Conditions and your continued access of this Web site, its Content or other use of this site will be conditioned upon the terms and conditions in force at the time of your use. It is your responsibility to review these Terms and Conditions periodically for any changes or modifications, as there will be no individual notices to Users regarding such changes or modifications. Users may look for new versions of these Terms and Conditions by checking www.figurefacts.com. User’s continued use of any service offered by FIGUREFACTS constitutes an affirmative acknowledgment by User of these Terms and Conditions including any subsequent modifications made to them and User’s agreement to abide and be bound by them.

 
18. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.

 
19. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 
20. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

 
21. WAIVER. The failure of FIGUREFACTS to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. User and FIGUREFACTS agree that any cause of action arising out of or related to Services provided under this Agreement other than a Subscriber’s obligation to pay Subscription Fees must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 
22. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site