WELCOME TO OUR WEBSITE.
Welcome to X Factor Admissions (together with all of its features and content and related or commonly owned or operated websites and applications, the “Platform”), an online course, online guide and service platform that allows end users who access and/or use the Platform (such end users, whether registered or unregistered, “Users,” and each, a “User”, “you,” or “your”) to purchase and consume online courses and guides (“Programs”). The Platform is made available by X Factor Admissions, LLC, a California Limited Liability Corporation doing business as X Factor Admissions (“XFactor”).
Your use of the Platform and all Platform Content shall be subject to these Terms and Conditions of Use and all other terms and conditions, or documents incorporated by reference herein, including, without limitation, the XFactor Privacy Policy (collectively, the “Terms and Conditions of Use”), and such Terms and Conditions of Use constitute a legally binding agreement between XFactor and each User.
By visiting and using any of the products and services (sometimes referred to as Program) sold by XFactor, you agree that you have read, understood, and agree to the following Terms and Conditions.
XFactor may change or amend these Terms and Conditions of Use at any time at its sole and absolute discretion. If XFactor makes a material change or amendment to these Terms and Conditions of Use, it will notify Users thereof by posting such changes or amendments on the Platform, which changes, or amendments will be effective automatically upon the posting thereof. You agree that all agreements, notices, disclosures, and other communications XFactor provides to you electronically satisfy any legal requirement that such communications be in writing. IF ANY OF THESE TERMS AND CONDITIONS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE PLATFORM OR THE PLATFORM CONTENT AND DO NOT CREATE AN ACCOUNT. YOUR CONTINUED USE OF THE PLATFORM OR THE PLATFORM CONTENT FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS AND CONDITIONS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.
TERMS OF SERVICE
By signing up for the X Factor Admissions service (“Service”) or any of the services of X Factor Admissions (“XFA”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. XFA reserves the right to update and change the Terms of Service by posting updates and changes to the XFA website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, XFA’s Privacy Policy, and, if applicable, Data Processing Addendum (“DPA”), before you may become an XFA user. Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using XFA or any XFA services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. INTELLECTUAL PROPERTY
This program includes materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics. You may view and use materials from this program for personal, noncommercial purposes only. Any reproduction or unauthorized use of any materials found on this program shall constitute infringement. X Factor’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Sharing of Login Passwords with anyone other than the Purchasing Client is not only unethical but illegal.
As between you and XFactor, XFactor retains all right, title, and interest in and to the Platform, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Platform, (iii) all other materials and content uploaded or incorporated into the Platform, including, without limitation, all Platform Content, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and the coordination, selection, arrangement and enhancement of such associated trade secret rights and other intellectual property and proprietary rights as a collective work under the U.S. Copyright Act of 1976, as amended (collectively, “Platform IP”), and nothing contained herein shall be construed as creating or granting you any right, title, or interest in and to such Platform IP other than the License expressly granted herein. Platform IP is protected in all forms, media, and technologies now known or hereinafter developed by state, federal, and international laws of copyright, trademarks, patents, and other intellectual property and proprietary rights.
To use any Program Content in any manner not expressly permitted hereunder, you will need permission from XFactor in addition to the owner of any content and other materials incorporated therein. XFactor is not responsible for putting you in touch with any third-party content owner for purposes of obtaining such permission.
Violation of this License may result in infringement of intellectual property and contractual rights of XFactor, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
You expressly agree that XFactor may use any feedback or reviews you provide to XFactor whether verbally or in writing in any way it deems fit provided such content is anonymized to protect your identity. XFactor will not disclose identifying information about you without your express consent.
2. THIRD PARTY CONTENT AND PRODUCTS
The Platform may include embedded third-party content or links (such as hyperlinks) to third-party websites, products, or services (including external websites that are framed by the Platform as well as any advertisements displayed in connection therewith) that are not owned or controlled by XFactor (collectively, “Third-Party Content”). Third-Party Content is provided as an information service, for reference and convenience only. XFactor does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy or (ii) content, advertising, or products or services.
Inclusion of any Third-Party Content or goods or services available for purchase from third parties (“Third-Party Products”) on the Platform does not constitute or indicate XFactor’ endorsement thereof and XFactor shall not be liable or responsible for any Third-Party Content transmitted through the Platform or Third-Party Products displayed on the Platform. You shall be subject to any additional terms and conditions of use or service, guidelines, rules, privacy policies, and other practices applicable to any Third-Party Content that you access or Third-Party Products you purchase on or through the Platform (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms and Conditions of Use. You acknowledge and agree that XFactor will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for, and risk associated with your use and/or access of, or interaction with of Third-Party Content, including compliance with Third-Party Terms associated therewith. Accordingly, XFactor encourages you to be aware when you leave the Platform and to read the Third-Party Terms associated with any Third-Party Content.
By using the Platform, you expressly release and hold XFactor harmless from any and all liability arising from your use of any Third-Party Content or purchase of any Third-Party Product, including any Liabilities or Losses (defined below) incurred as a result of any dealings between you and any third-party Persons, or as the result of the presence of such Third-Party Content or Third-Party Product on the Platform or the failure of such Third-Party Content or Third-Party Product to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons.
You acknowledge and agree that XFactor may establish general practices and limits concerning use of the Platform, and/or Platform Content (including Course Content). You further acknowledge that XFactor reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
3. USER BEHAVIOR ON THE PLATFORM
You are solely responsible for all of your interactions with the Platform and other Users on or through the Platform, and you agree to conduct yourself professionally, civilly, and respectfully at all times.
The Platform and Platform Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Platform’s functionalities or without express prior written consent of XFactor, or applicable third-party owner of any Platform Content.
You are strictly forbidden from the following:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of XFactor or other Users, or use information learned from the Platform or Platform Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of XFactor or any other User outside of the Platform.
• Causing damage to this program
• Using this program for any unlawful, illegal, fraudulent, or harmful purpose or activity
• Using this program to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using this program to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from this program
• Sharing private and proprietary information from online courses and guides with anyone else
• Conduct or forward surveys, contests, pyramid schemes, or chain letters; Impersonate another User, or any other third party, or knowingly allow any other Person to use your identification or Account to utilize the Platform
• Hack or interfere with the Platform or its servers or any connected networks.
• Adapt, alter, license, sublicense, or translate the Platform or Platform Content for your own personal or commercial use.
• Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Platform.
• Use, transfer, distribute, or dispose of Platform or Platform Content in any manner that could compete with the business of XFactor
• Cause or induce any Person to engage in the restricted activities above.
X Factor may, without notice, refuse access to its program, in whole or part, to any person that fails to comply with these Terms.
The License granted to you terminates automatically upon any unauthorized use of the Platform or the Platform Content and XFactor will take appropriate investigative and legal action for any illegal or unauthorized use of the Platform or Platform Content.
4. UNLAWFUL ACTIVITY; TERMINATION OF PLATFORM ACCESS
XFactor reserves the right to investigate complaints or reported violations of these Terms and Conditions of Use and to take any action XFactor deems appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-party Persons and disclosing any information necessary or appropriate to such Persons relating to Users’ email addresses, usage history, IP addresses, and traffic information.
XFactor further reserves the right, in its sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Platform (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if XFactor believes in good faith that you have violated or acted inconsistently with these Terms and Conditions of Use or any applicable law or that you have engaged in conduct that XFactor determines, in its sole discretion, to be inappropriate or unacceptable. XFactor may also terminate your access to the Platform if you assert any legal claim or bring any legal action against XFactor or assert any legal claim or bring any legal action that involves the Platform. XFactor also reserves the right, at XFactor’ sole discretion, to seek and obtain any other remedies available to XFactor pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms and Conditions of Use or any other act or omission by you that gives rise to a legal claim or legal action or Loss by XFactor. In the event your right to use the Platform terminated, limited, or suspended, these Terms and Conditions of Use will remain in effect and enforceable against you.
You may terminate these Terms and Conditions of Use at any time by ceasing all use of the Platform; provided, however, that all sections of these Terms and Conditions of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms and Conditions of Use.
5. USER ACCOUNTS
In order to utilize certain full functionalities of the Platform, you must register and create an Account (each, an “Account”). You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, profile name, profile picture, etc., and to create an Account login password (collectively, “Registration Data”). You agree that all Registration Data you provide to XFactor will be, and remain at all times, true, accurate, current, and complete. XFactor may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by XFactor.
XFactor will have the right to use your Registration Data in connection with servicing and operating the Platform. You agree to (i) restrict access by any other Person to your Account password or other login information, (ii) not knowingly use the Registration Data of any other Person without authorization to create an Account, (iii) not use an email or profile name or other Registration Data that is profane, offensive, or otherwise inappropriate, (iv) not allow any third-party Person to use your Account login information, Registration Data, or Account, and (v) notify XFactor of any breach of security by promptly sending XFactor an email to support@xfactoradmissions.com. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. XFactor is not responsible for any Losses as a result of someone else using your Account, Registration Data, or password, with or without your knowledge.
6. FEES AND PAYMENTS
Payment and Billing: When you purchase any Program through the Platform, you must provide and maintain valid payment information (e.g., credit card number) in connection with your Account with XFactor (the “Payment Method”). You represent and warrant that you are authorized to use such Payment Method to make any such purchase and authorize XFactor to charge your Payment Method for the total amount, including any applicable taxes, for each of your purchases. Such purchase may be suspended or cancelled by XFactor for any reason, including if the Payment Method cannot be verified, is invalid, or is otherwise not acceptable.
Payment Processing for Programs and Services: Payment processing services for the purchase of the Programs and Services are currently provided by Stripe, Inc. (the “Payment Processor”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service, as modified from time to time (collectively, the “Payment Processor Services Agreement”). By agreeing to these Terms and Conditions of Use and continuing to operate an Account, you agree to be bound by the Payment Processor Services Agreement. You agree to provide XFactor and the Payment Processor with accurate and complete information as and when requested and authorize XFactor to share with or transmit to the Payment Processor such information and transaction details related thereto. For clarity, the Payment Processor serves as XFactor’ provider solely for processing payments in U.S. dollars in connection with purchases made by Users on the Platform.
Pricing and Taxes: All prices for Programs and Services are shown/advertised in U.S. Dollars and do not include applicable taxes unless XFactor explicitly states otherwise. You are solely responsible for any sales, use, value-added or other governmental taxes, fees, or duties due with respect to your purchase(s) of Programs and Services in the judgment of XFactor or the Payment Processor.
REFUND: X Factor does not provide refunds unless expressly stated.
Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
7. ADVERTISERS ON PLATFORM
The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform is accurate and complies with applicable laws. XFactor will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
8. SPECIAL PROMOTIONS
XFactor may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of XFactor, and can be activated, modified, or removed at any time by XFactor without advance notification and the liability of any of XFactor’ partners, pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms and Conditions of Use.
9. THIRD PARTY COMMUNICATIONS
By creating an Account and using the Platform, you hereby affirmatively consent to the use of your email address for notifications from XFactor regarding important service announcements and other administrative communications related to your use of the Platform, including payment receipts and communications for purchases of Platform Content, as well as certain marketing and other advertising communications from XFactor and from XFactor’ third-party advertising partners, as more fully set forth in XFactor’ Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in XFactor’ Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Platform, your only way to opt out of such messages is to stop using the Platform.
XFactor disclaims all liability for any communications directed to you from any third-party Person, directly or indirectly, in connection with the Platform, that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. XFactor assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Platform, you expressly release and hold XFactor harmless from any and all liability arising from your use of any Third-Party Communications, including any Losses incurred as a result of any dealings between you and any third-party Persons. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons.
10. REPRESENTATIONS AND WARRANTIES
The Platform is available only to Persons who, if individuals, are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence), or who are between the ages of thirteen (13) and eighteen (18) who have their parent or legal guardian’s permission to use the Platform. BY ACCESSING AND USING THE PLATFORM, EACH PERSON WHO IS AN INDIVIDUAL REPRESENTS AND WARRANTS THAT THEY ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF THEIR PRIMARY RESIDENCE), OR IF THEY ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), HAS THEIR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE PLATFORM AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS AND CONDITIONS OF USE, AND WILL SO ABIDE.
You represent and warrant that (i) all Registration Data and content and other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities is true, accurate, current, and complete and (ii) that such Registration Data and content and other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities, when used for the purposes in which it is submitted, uploaded, posted, or transmitted in or to the Platform, does not infringe upon the rights of any Person, including, without limitation, intellectual property rights, propriety rights, and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all Registration
Data and content and other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities or otherwise provide to XFactor and that XFactor reserves the right to reject or remove all or a portion of any such Registration Data or content or other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities of the Platform that XFactor determines, in its sole discretion, does not comply with these Terms and Conditions of Use, or for any other reason, without notice or liability to you.
11. DISCLAIMERS
YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. XFACTOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE COURSES, GUIDES AND SERVICES, OR THIRD-PARTY CONTENT LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF OR WITHIN THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM OR THE CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF XFACTOR’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. XFACTOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PERSON, THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND XFACTOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
X Factor Admissions LLC makes no warranty, and expressly disclaims all warranties, as to the accuracy or completeness of the data and information presented in Platform Content and Programs. X Factor Admissions also reserves the right to update the data and information from time to time, at its sole discretion, without notification either before or after the update.
The charts and data in Platform Content and Programs are provided “as is” and the originating source for the data or X Factor are not liable for any damages, including, without limitation, damages resulting from any special, incidental, or consequential damages, arising out of the use of the data. The accuracy or reliability of the data is not guaranteed or warranted in any way and X Factor disclaims liability of any kind whatsoever, including, without limitation, liability for quality, performance, merchantability and fitness for a particular purpose arising out of the use, or inability to use the data and charts.
THE INFORMATION, OPINIONS, AND RECOMMENDATIONS PRESENTED ON THE PLATFORM ARE FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY. DO NOT RELY ON THE INFORMATION, OPINIONS, OR RECOMMENDATIONS CONTAINED IN ANY COURSES, GUIDES OR SERVICES OR OTHERWISE PROVIDED BY ANY CREATOR AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE. CONSULT AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LAWYER, ACCOUNTANT, TAX OR FINANCIAL PLANNER, PHYSICIAN, PSYCHOLOGIST, THERAPIST, DIETITIAN, NUTRITIONIST, OR OTHER LICENSED HEALTH PROFESSIONAL TO ADDRESS SPECIFIC CONCERNS THAT REQUIRE PROFESSIONAL OR MEDICAL ADVICE OR TRAINING. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN, PSYCHOLOGIST, THERAPIST, DIETITIAN, NUTRITIONIST, OR OTHER LICENSED HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED IN PLATFORM CONTENT. THE USE OF ANY INFORMATION, OPINIONS, OR RECOMMENDATIONS PROVIDED IN OR THROUGH PLATFORM CONTENT OR BY ANY CREATOR IS SOLELY AT YOUR OWN RISK.
XFactor disclaims any liability for your reliance on any opinions or advice contained in this program
WITHOUT LIMITING THE FOREGOING, NONE OF THE XFACTOR PARTIES (DEFINED BELOW) WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM. NONE OF XFACTOR PARTIES SHALL BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, INCLUDING ANY CREATOR. NONE OF THE XFACTOR PARTIES WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE XFACTOR PARTIES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY THIRD-PARTY PERSONS, INCLUDING ANY CREATOR.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
12. NO GUARANTEE OF RESULTS OR EARNINGS
You agree that XFactor has not made and does not make any specific representations about the earnings or results you may receive. X Factor cannot and does not guarantee that you will achieve any particular result or earnings from your use of the program, and you understand that results and earnings differ for each individual.
13. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT XFACTOR IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF XFACTOR’ LIABILITY TO YOU AND THIRD-PARTY PERSONS. THEREFORE, YOU AGREE NOT TO HOLD XFACTOR OR ANY OF ITS PAST, PRESENT, OR FUTURE PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES OR ANY OF THEIR RESPECTIVE PAST, PRESENT, OR FUTURE OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, CONTENT PARTNERS (INCLUDING CREATORS AND THEIR RESPECTIVE CREATOR’S CHARITABLE PARTNERS) VENDORS, LICENSORS, DISTRIBUTORS, ADVERTISERS, OTHER CONTRACTING PERSONS, AGENTS REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “XFACTOR PARTIES”) LIABLE FOR ANY SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PERSON’S LOSSES (DEFINED BELOW), INCLUDING AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION ANY CLAIMS ARISING IN CONNECTION WITH (I) THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), (II) ANY PLATFORM CONTENT, (III) ANY DISPUTE WITH ANY USER OR CREATOR, (IV) ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY XFACTOR PARTIES, OR (V) ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL ANY OF THE XFACTOR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE XFACTOR PARTIES IS LIABLE FOR LOSSES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AND XFACTOR AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR XFACTOR WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR XFACTOR ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND XFACTOR FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, XFACTOR, AND ALL OTHER PERSONS PARTY TO ANY SUCH PROCEEDING.
14. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless, the XFactor Parties, from and against any and all losses, liabilities, damages, settlements, costs, penalties, or expenses (including attorneys’ fees and costs) (collectively, “Losses”) arising out of or in connection with any Liabilities brought by a third-party Person based on: (i) your use of, or inability to use, the Platform, including the Platform Content; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms and Conditions of Use; (iii) any Registration Data or content or other information transmitted by you to XFactor or any other Person; (iv) your violation of any applicable local, state, federal, or international law or regulation; or (v) your violation of any Person’s rights, including, but not limited to, any intellectual property rights or rights of privacy and publicity. The applicable XFactor Parties shall promptly notify you in writing of any such indemnified claim (provided, however, any delay in such notice shall not relieve you of your obligations hereunder except to the extent such delay prejudices the defense of such claim) and give you the opportunity to defend or settle such claim at your sole cost and expense; provided, however, you shall not settle any such claim without the applicable XFactor Parties’ prior written consent, not to be unreasonably withheld, delayed, or conditioned; provided, further, the XFactor Parties reserve the right to assume the exclusive defense and control of any such claim. In all cases, the XFactor Parties will cooperate with you, at your sole cost and expense, in defending or settling such claim.
15. PLATFORM ACCESS REQUIREMENTS; ERRORS AND CORRECTIONS; UPDATES AND MAINTENANCE
Access to and use of the Platform requires a compatible device, such as a computer, smartphone or a tablet, and Internet connection. Although XFactor endeavors to ensure that the Platform is compatible across various devices, XFactor cannot guarantee that the Platform will work with all devices and hardware types.
It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Platform may vary in functionality, availability, and quality depending on the type of the device and the operating system that you use and XFactor accepts no responsibility for any lack of functionality that is due to your equipment (including your device, Internet connection, or operating system or settings and software).
It is your responsibility to pay for all costs and expenses that you may incur while using the Platform (including, but not limited to, all telephone call or line charges or Internet data service access charges).
XFactor does not represent or warrant that the Platform or Platform Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that the Platform or Platform Content will always be accessible. XFactor does not warrant or represent that the Platform Content will be correct, accurate, timely, or otherwise reliable. Your access to the Platform may be interfered with by numerous factors outside of XFactor’ control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. XFactor is not responsible, and will have no liability, for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Platform. Additionally, perfect security does not exist on the Internet; XFactor cannot and does not guarantee that any Registration Data, or other personally identifiable information submitted, uploaded, posted, or transmitted in or to the Platform will not become public under any circumstances.
XFactor may in the future update the Platform, or any portion thereof, to change the Platform Content and/or features thereof at any time (an “Update”). XFactor shall not be liable to any User in any way as a result of any temporary suspension of the Platform, or portions thereof (including any Content), arising from or in connection with an Update. Furthermore, XFactor is under no obligation to undergo an Update to the extent any Platform Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.
16. GOVERNING LAW ANDJURISDICTION; DISPUTES
These Terms and Conditions of Use are governed by and construed in accordance with the internal law of the State of California without reference to its principles of conflicts of laws and any dispute or legal claim arising out of or relating to these Terms and Conditions of Use or your use of the Platform shall be adjudicated exclusively in either the state courts situated in Los Angeles County, California or the United States District Court for the Central District of California and you hereby irrevocably waive all jurisdictional, venue, or inconvenient forum objections to such courts.
You agree that, regardless of any applicable law to the contrary, any legal claim or cause of action arising out of or relating to these Terms and Conditions of Use or your use of the Platform must be filed with a court of competent jurisdiction within one (1) year after such legal claim or cause of action arose or else will be forever barred.
17. WAIVER AND SEVERABILITY OF TERMS; ENTIRE AGREEMENT
Failure by XFactor to enforce any provision(s) of these Terms and Conditions of Use will not be construed as a waiver of any provision or right. If any provision of these Terms and Conditions of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms and Conditions of Use incorporate by reference any notices contained on the Platform and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Platform, Platform Content, Interactive Functionalities and Voice Messaging Feature (as applicable).
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
18. PRIVACY
Your privacy is very important to XFactor. To understand XFactor’ practices, please review XFactor’ Privacy Policy, which is incorporated by reference into these Terms and Conditions of Use and also governs your use of the Platform. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.
19. ASSIGNMENT
XFactor may assign, subcontract, or otherwise transfer any or all of its rights and/or obligations under these Terms and Conditions of Use to any Person. You may not assign or transfer your rights or obligations under these Terms and Conditions of Use to any Person.
20. GENERAL
X Factor controls and operates this program from offices in the United States. X Factor does not represent that materials on this program are appropriate or available for use in other locations. People who choose to access this program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
21. CONTACT
CONTACT: If you have any questions, please let us know by contacting our Support Team directly. The support desk can be reached at support@xfactoradmissions.com.