Terms and Conditions

Terms and Conditions

FactoryOverruns.com maintains this site (the "Site") for your personal information. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without FactoryOverruns.com's written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and FactoryOverruns.com are superseded and of no force or effect.

1.      You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of FactoryOverruns.com. FactoryOverruns.com neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with FactoryOverruns.com.

2.      While FactoryOverruns.com uses reasonable efforts to include accurate and up to date information in the Site, FactoryOverruns.com makes no warranties or representations as to its accuracy. FactoryOverruns.com assumes no liability or responsibility for any errors or omissions in the content of the Site.

3.      Your use of and browsing in the Site are at your risk. Neither FactoryOverruns.com nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. FactoryOverruns.com also 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 the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

4.      Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by FactoryOverruns.com or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, FactoryOverruns.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

5.      Images of people or places displayed on the Site are either the property of, or used with permission by, FactoryOverruns.com. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

6.      The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of FactoryOverruns.com and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of FactoryOverruns.com or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that FactoryOverruns.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

7.      FactoryOverruns.com has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

8.      Although FactoryOverruns.com may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, FactoryOverruns.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that violates, plagiarizes, or infringes upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right, 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. FactoryOverruns.com will fully cooperate with any law enforcement authorities or court order requesting or directing FactoryOverruns.com to disclose the identity of anyone posting any such information or materials. FactoryOverruns.com reserves the right to investigate and take appropriate legal action against anyone who, in FactoryOverruns.com's sole discretion, violates this provision, including, without limitation, removing the offending content from this site, terminating the membership of such violators and/or reporting such Content or activities to law enforcement authorities.

9.      Code of Conduct.  Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam." Use respectful language. Like any community, the online conversation flourishes only when our members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service. Debate, but don't attack. In a community full of opinions and preferences, people always disagree. FactoryOverruns.com encourages active discussions and welcomes heated debate on this site. But personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of this site.

10.  You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless FactoryOverruns.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. FactoryOverruns.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

11.  Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12.  FactoryOverruns.com may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.