This Agreement is effective as of November, 2013.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to any of this Agreement or any changes to this Agreement, do not use or access (or continue to access) the Service or discontinue immediately any use of the Service.
Who We Are
R2FACT Store, a division of R2FACT Product Development headquartered in Kansas City, Missouri. The Store is a perk based crowd funding site where R2FACT customers can create a campaign to raise money to help launch and commercialize their new product. We are empowering our customers to raise funds and launch their new product ideas to the market to determine if there is demand.
Since launching R2FACT Product Development in May 2002, R2FACT many of our entrepreneurial customers become stifled by the lack of assurance if their new product idea will sell before deciding to move forward and fund production.
R2FACT Store is an open platform. You understand and acknowledge that you may be exposed to Member Content that may be inaccurate, offensive, indecent, or objectionable. Member Content should not be viewed as being an endorsement or opinion shared by R2FACT. You agree that R2FACT is not liable for any damages or losses resulting from such Member Content.
Users of Our Service and Members
All visitors to R2factStore.com, whether registered or not, are “Users”. If you want to create a campaign you must be an R2FACT Customer. If you want to Contribute to a campaign or comment on a Campaign, you must register with R2factSore to become a “Member”. When implemented, you will be able to Contribute or comment on a Campaign as a Guest Member. As a Guest Member, you only need to:
- provide us with your email address so we can send you an acknowledgement or receipt for your Contribution and
- agree to comply with this Agreement as a Member.
You may use our Services if:
- You are 18 years or older.
- Your membership or use has not otherwise been restricted, suspended or terminated.
- You are not using another Member’s account without her/his permission.
Becoming A Member
It is easy to become a Member by following the steps on our website, www.R2factStore.com. Accurate and complete information is required when creating your account and setting up and managing your Member Profile. Use your Settings to control your Member Profile and to manage how other Members communicate with you.
You will be providing R2fact Store with your email address when you become a Member. By doing so, you consent to our using the email address to send you any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the Service, special offers and marketing, sales and promotional materials.
Once you become a Member, you are solely responsible for the activity that occurs on your account and for keeping your account password secure. You must notify R2fact Store immediately of any breach of security or unauthorized use of your account.
You alone are liable and responsible for all losses or damages caused by any unauthorized use of your account regardless of the reason or cause of the loss or damage – and not R2fact Store
General Rules of Use
As a condition of your use of the Service as a User or Member, you promise to:
- Use the Service in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the Website and Services.
- Use the Service so as not to damage, disable, overburden or impair the Service, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the Service.
- Ensure you own or have a legal right to use the Member Content with the Service and do not otherwise infringe the Intellectual Property Rights of others. “Member Content” means the content you use to create and manage a campaign, Post or comment on or Contribute to a campaign. “Intellectual Property Rights” mean all worldwide rights in patents, trademarks, service marks, copyrights, trade secrets, publicity, goodwill and all other intellectual property rights as may now exist or hereafter come into existence, and all derivatives, applications therefore and registrations, renewals and extensions thereof.
Contributors and Contributing to Campaigns
R2fact Store may provide you the opportunity to make Contributions to any Campaign with an open Funding Request in any amount you choose. You may contribute to as many Campaigns as you like.
If the Campaign Goal is reached, contributions are non-refundable by R2fact Store and are made at your sole discretion and at your risk based on your determination and evaluation of the Campaign. You are solely responsible for determining the tax deductibility of any Contribution.
Making a Contribution does not:
- give you any rights or ownership in or to that Campaign or Contributions;
- give you any distribution rights;
- give you any rights to control or otherwise direct the Campaign Owner, Beneficiary, R2fact Store, the Service, Campaign, Processor or limit or otherwise affect Contributors or Contributions; and
- create any liability or responsibility on the part of R2fact Store to any Contributor or for any Contribution regardless of reason.
Perks offered to you are strictly between the Contributor and the Campaign Owner and Beneficiary.
R2fact Store does not represent, warrant or guarantee:
- Perks will be delivered;
- Perks will be satisfactory to you; or
- The use of any Contributions or the outcome of any Campaign. It is up to you, as the Contributor, to ask such questions and undertake such due diligence as you deem necessary before you make a Contribution. R2fact Store may, in its sole discretion and judgment but is under no obligation to, seek the refund of Contributions.
Fees, Taxes and Verification
All Contributions will be deposited in your Funding Account less our fee as listed on our Website. Different fees may apply to nonprofit or discounted Campaigns. Fees may be adjusted at any time as R2fact Store decides in its sole judgment and discretion. Fees are nonrefundable.
Processor fees and other fees and charges may apply and/or be deducted from Contributions. Contributions are transferred based on the funding and payment you have selected unless being held to complete our verification process or being refunded as we deem appropriate in our sole discretion.
You are responsible to report properly, and timely pay, for all applicable taxes for all Contributions.
Information that you submit through the Service may be transferred to countries outside the European Economic Area (“EEA”) to provide the Service to you. For example, our servers are in the United States. If we transfer your information outside the EEA in this way, we will take steps to protect your privacy rights.
Notwithstanding the foregoing, we do not guaranty the confidentiality or privacy of any communication or information transmitted using the Service or any website linked to our website. We are not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by using our Service, or otherwise connected with your use of the Service.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Third-Party Websites, Advertisers or Services
You agree to defend, indemnify and hold harmless R2fact Store, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors, agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees and costs) arising from or relating to your use of the Service and R2fact Store Content including, without limitation, your negligence, breach of any of the representations, warranties or promises or violation of any law, regulation, ordinance, directive or court order. You remain liable for any amounts we pay in settlement of any such claim or action for indemnification as though we had proceeded with a trial.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, R2FACT STORE, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE R2FACT STORE OR MEMBER CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT, FUNDING OR REVENUE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS INCLUDING ANY FAILURE OF ANY SERVICES OR PERKS TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): R2FACT STORE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR WEBSITE OR ANY WEBSITE LINKED TO OUR WEBSITE. R2fact Store is not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by our Website, or otherwise connected with your use of the Service.
Limitation of Liability
Users and Members agree not to involve R2fact Store in any litigation that occurs due to using the Services or website. R2fact Store will not be held liable for any loss or damage due to failure to comply with the terms of this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL R2FACT STORE (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTRIBUTIONS, PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR THE COSTS OF COVER OR PROCURING SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION. ANY DAMAGES RESULTING FROM OR RELATING TO: (a) TERMINATION, (b) THE USE OF, OR INABILITY TO USE, THIS SERVICE OR INDIEGOGO CONTENT (INCLUDING ERRORS, MISTAKES, INACCURACIES OF OR THE INFRINGEMENT BY INDIEGOGO OR MEMBER CONTENT), (c) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE INCLUDING UNAUTHORIZED USE OF YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR (d) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, MEMBER OR OTHER THIRD PARTY.
IN ANY EVENT, R2FACT STORE SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS YOU PAID TO R2FACT STORE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF R2FACT STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:
- death or personal injury caused by our negligence or that of any of its officers, employees or agents;
- fraudulent misrepresentation or intentional misconduct; or
- any liability which it is not lawful to exclude either now or in the future.
The Service is controlled and operated from its facilities in the United States. R2fact Store makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by R2fact Store without restriction.
- Termination. We may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Website. Any fees paid to R2fact Store are non-refundable. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Campaign Period. R2fact Store reserves the right to extend the Campaign Period [DAYS TO GO] at any time up to 60 additional days.
- Governing Law. You agree that: (i) the Service shall be deemed solely based in Missouri; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over R2fact Store, either specific or general, in jurisdictions other than Missouri. This Agreement shall be governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. Any claim or dispute between you and R2fact Store that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the City and County of Kansas City, Missouri.
- English Language. As a courtesy and convenience only, this Agreement may be translated and available in languages other than English. Notwithstanding any translation into another language, the English version of this Agreement governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
- Export Compliance. You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), you warrant that you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals (“SDN”) listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information.
- Cooperation with Authorities and Police Enforcement. You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports we receive of such conduct. When requested, R2fact Store will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service or Website.
- Notification Procedures. R2fact Store may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by R2fact Store in our sole discretion. R2fact Store reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
- Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by R2fact Store via the Service, shall constitute the entire agreement between you and R2fact Store concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and R2fact Store’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at info@R2factStore.com with any questions regarding this Agreement.