Thank you for using Friction Facts, LLC. These terms of service (the “Terms”) govern your access to and use of Friction Facts (“we” or “our”) websites and your purchases and products and services made available through the websites (such purchases, products and services collectively referred to as the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Friction Facts and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion. Friction Facts may make changes and/or updates to the materials on the websites, or to the products and prices described at the websites, at any time without notice
Friction Facts grants you a non-exclusive, non-transferable, limited right to access and use the reviews and ratings offered by the Services for your personal purchase decisions provided that you comply fully with this Agreement. The contents of the Services are only for your personal, noncommercial use.
Purchase of Products
Orders and Payment- All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. This may occur when the product is no longer available or has been mispriced, when we suspect fraud, and in other circumstances we deem necessary in our sole discretion. If your credit card has been charged for an order we later cancel, we will issue a refund.
We cannot guarantee that all items listed as “in stock” will ship right away, as inventory changes significantly from day to day.
We attempt to provide accurate descriptions of the products and services available on our websites. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error free.
We do not guarantee that that we offer the best available rates for the products and services available on the websites. While we try to provide accurate pricing information, we cannot insure against pricing changes or errors. We, thus, reserve the right, in our sole discretion to cancel or not process any order placed on the websites if any price was incorrectly provided as a result of an error. In such cases, we will notify you by email and correct the price on the websites.
Shipping and Returns.
For information on shipping, tax and return policies, review our Shipping Policy and Returns Policy which may change from time to time.
Service Fees and Billing Methods: Automatic Renewal (if applicable to your transaction)
Friction Facts may charge you fees for certain products or services offered for sale through our website. Certain Site services are available only through the purchase of a subscription ("Subscription-Based Services") or other type of paid access.
If applicable, some Subscription-Based Services, at your option, may be billed monthly, semi-annually, or annually. In order to provide you with uninterrupted service, most of our online Subscription-Based Services renew automatically at the end of the applicable subscription period at the rate then in effect. We alert you at the point of offer when a subscription product is offered on an auto-renewing basis. As explained below, Friction Facts will automatically charge your payment card for an auto-renewing subscription unless you cancel your subscription by going to your "My Account" page, logging in with your username and password, and then selecting "cancel subscription." The "My Account" page can be accessed through a link on the home page. Annual subscribers will be sent a reminder notice before the expiration of your subscription term that alerts you to the upcoming subscription renewal charge.
You agree to pay, using a valid payment card or payment service which Friction Facts accepts, all fees and charges, including applicable taxes, you have incurred through your account, including the monthly or annual subscription charges to access the Subscription-Based Services. FRICTION FACTS reserves the right to increase fees and surcharges, including fees for Subscription-Based Services, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to you based on contact information you provide in your "My Account" page. Notwithstanding the foregoing, if you purchase a Subscription-Based Service on an annual basis, your rate remains in effect throughout the subscription year, and is subject to increase only for subsequent subscription years. If you purchase a Subscription-Based Service on a monthly basis, the rate for that Subscription-Based Service is subject to change at any time for subsequent months, effective upon prior notice to you.
Unless you take action to cancel your auto-renewing subscription through one of the methods described below, Friction Facts will automatically charge your payment card listed in your account to renew your Subscription-Based Services and certain print subscription products available for purchase through our Site. Friction Facts will send you a reminder about the renewal, which will contain the applicable subscription rate, to the email address provided in your account before your payment card is charged. In the event Friction Facts cannot charge the payment card listed in your account, we reserve the right to terminate your access to the Subscription-Based Services or print subscription product purchased through our Site.
You may cancel your subscription and non-subscription Site services at any time subject to the following terms:
If you purchase a one-year Subscription-Based Service, which is billed once annually at the time you subscribe, you may cancel at any time during that subscription year by logging in to your "My Account" page and selecting "cancel subscription." Upon cancellation, Friction Facts will refund the remainder of your subscription fees on a pro-rata basis that will cover the unused months of your subscription. Partial months will not be refunded.
Content License; Publication of Content
Friction Facts does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give us (collectively, the "Content"), by providing Content for the Website, You automatically grant, and You represent and warrant that you have the right to grant, to Friction Facts an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Friction Facts with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that Friction Facts has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
Please consider carefully what you choose to share or make public. Friction Facts has no responsibility for that activity.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Friction Facts, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Friction Facts of any unauthorized use of your account.
Software and Updates
Some use of our Service requires you to download a client software package (“Software”). Friction Facts hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.
Copyright and Trademarks
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services including without limitation text, data, images, software and downloadable software applications, audio and video clips, databases, and ratings, (collectively, the "Content"). The Content is owned or controlled by Friction Facts or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Services, Software and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. These Terms do not grant you any rights to use the Friction Facts trademarks, logos, domain names, or other brand features. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site or Mobile Services, including without limitation our product reviews and ratings and those product reviews and ratings posted by other users, for any public and/or commercial use without the prior written permission of Friction Facts.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Friction Facts Acceptable Use Policy.
The Services may contain links to third-party websites or resources. Friction Facts does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Neither Friction Facts nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided through the Services.
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. We may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services.
Friction Facts is Available “AS-IS”
THE PRODUCTS, SERVICES, AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Services, including the Reviews, is at your sole risk. Friction Facts will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FRICTION FACTS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DECEPTIVE TRADE PRACTICES ACT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FRICTION FACTS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES AND PRODUCTS MORE THAN THE GREATER OF $200 OR THE AMOUNTS PAID BY YOU TO FRICTION FACTS FOR THE SERVICES AND PRODUCTS IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
You hereby agree to indemnify, defend and hold harmless Friction Facts and its Affiliates from and against any and all liability and costs incurred by Friction Facts or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement or in connection or arising from or relating in any way with the use of the websites or any products you purchase on the websites. You shall cooperate as fully as reasonably required in the defense of any claim. Friction Facts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Friction Facts.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY COLORADO LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF BOULDER COUNTY,COLORADO AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Friction Facts with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Friction Facts’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Friction Facts may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Friction Facts and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Children Under the Age of 13
Friction Facts cares about the safety of children. Because the Service is not directed toward kids, children under 13 are not allowed to register with or use the Service. In the event that we discover we have collected personal information from a child under the age of 13 without parental consent, Friction Facts will delete that information as soon as possible.
Information We Collect
User Provided Information. During the use of the Service, user information is collected to customize the user’s experience. The current data fields collected are:
In addition, if you register with us to use parts of the Service that require registration, you generally provide (a) email address and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of parts of the Service that require payment, and; (e) information you enter into our system when using the Service, such as contact information. We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and offers that we believe you may be interested in. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.
Automatically Collected Information. In addition, the Services may collect certain information automatically, such as the unique device ID of a user’s computer, mobile device or other internet-connected device, the IP address of your internet-connected device, your operating system, the type of Internet browsers you use, and information about the way you use the Service. In addition, tracking information is collected as you navigate through our website (the "Website") or use the Service, including, but not limited to geographic locations.
We use your general location information to serve relevant advertisements.
How We Use Your Information
Our primary goal in collecting information is to provide you with an enhanced experience when using the Service. We use this information to closely monitor which features of the Service are used most and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources.
Friction Facts uses your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer the Website. Your IP address is used to help identify you, and to gather broad demographic data. Your IP address contains no personal information about you.
Our Disclosure of Your Information
Friction Facts may share aggregated information that includes non-identifying information and log data with third parties for industry analysis, demographic profiling and to deliver targeted advertising about other products and services.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Website and Service are used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide personal information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications.
Friction Facts cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Friction Facts or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.
Friction Facts may sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
The personally identifiable information we collect is securely stored within our database, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers)(pages using this technology will have URLs that start with HTTPS instead of HTTP) for protecting your information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet, and any information you transmit to Friction Facts you do at your own risk. We recommend that you not disclose your password, when one is obtained from the Service, to anyone.
Automatic Data Collection and Advertising
This Service is supported via advertising, and collects data to help the Application serve ads. We may work with analytics companies to help us understand how the Service is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Service. Advertisers and advertising networks use some of the information collected by the Service. To protect the anonymity of this information, we do not share information that will enable these third parties to identify you personally.
What are my opt-out rights?
There are multiple opt-out options for users of this Application:
-You may cease to use this Service.
-You may unsubscribe from email subscriptions by using the unsubscribe link provided in each email sent by Friction Facts.
-You may elect to disable cookies in the browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Website and Service or all functionality of the Service.
Data Retention Policy, Managing Your Information
We will retain User Provided Information for as long as you use the Service and for a reasonable time thereafter. If you’d like us to delete User Provided Information that you have provided via the Service, please contact us and we will respond in a reasonable time. Please note that some or all of the User Provided Information may be required in order for the Service to function properly, and we may be required to retain certain information by law.
Notice of New Services and Changes
Occasionally, we may also use the information we collect to notify you about important changes to this website, new services, and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.
Use of Other Websites Linked to This Site
If you have any questions regarding privacy while using the Service or have questions about our practices, please contact us.
Acceptable Use Policy (AUP)
1.1 “Content” means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content that is made available or used by Customer in connection with the Service or use in connection with Customer’s account.
1.2 “Site” means the Friction Facts websites.
2.1 Customer may place Content on the Site only in accordance with the following limitations. Customer may NOT store any of the following material on the Site or obtain any such material using the Site:
(a) Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
(b) Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material; or
(c) Any material sent from an anonymous or false address.
2.2 While Friction Facts does not and cannot review all material use in connection with the Services or on the Site, and is not responsible for any Content, Friction Facts reserves the right to remove, delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. Friction Facts will not be liable for the Content of any submission.
3. Rules of Conduct
3.1 The following Rules of Conduct apply to the Services and the Site. By using any of the Services and Site, Customer agrees that it will not distribute any Content that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
(b) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
(c) infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, Customer must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
(d) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
(e) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site;
(f) does not generally pertain to the designated topic or theme of the Site;
(g) violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or
(h) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
3.2 Customer expressly agrees that it is solely responsible for any and all acts and omissions that occur under Customer’s account or password, and Customer agrees not to engage in any unacceptable uses of the Service, which include, without limitation, use of the Service to:
(a) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network;
(b) post or give out any financial information or transmit electronically or physically any money to other users;
(c) create user accounts by automated means or under fraudulent or false pretenses;
(d) create or transmit unsolicited electronic communications such as spam to users;
(e) submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Friction Facts;
(f) submit or upload any content for which Customer does not own all applicable rights or that infringes the proprietary rights of other parties;
(g) submit, engage in or upload any type of competitions or content that can cause physical or mental harm to the participants or visitors to the Site;
(h) harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
(i) collect and publish any information about any of our Users;
(j) adapt, modify or reverse engineer any portion of the Service or the Site;
(k) use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
(l) reformat any of the pages that are part of the Site;
(m) disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
(n) encourage conduct that would constitute a criminal or civil offense;
(o) violate any applicable federal, state, local or international law or regulation;
(p) exploit children under 18 years of age;
(q) invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);
(r) solicit personal information from a child under 13 years of age;
(s) submit false or misleading information to Friction Facts, the Site or other users; or
(t) engage in any other activity deemed by Friction Facts to be in conflict with the spirit of this AUP.
4. Friction Facts cannot and does not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of this AUP, and, as between Friction Facts and Customer, Customer hereby assumes all risk of harm or injury resulting from any such lack of compliance.