Website Terms of Use

Welcome to figure53.com (the "Website"), owned and operated by Figure 53, LLC ("We" or "Us" or equivalent pronouns). This site contains content provided by Us and by our customers such as vendors (a “Customer”). Our Website is provided to you ("You") subject to the following Terms of Use:

Notice.

Your use of this Website constitutes acceptance of these Terms of Use and Our Privacy Policy. We may change these Terms of Use and/or Our Privacy Policy at any time by posting revisions to Our Website. Your continued usage after such changes are posted constitutes acceptance of each revised Terms of Use and/or Privacy Policy. We encourage You to familiarize yourself with both policies. Our Website Privacy Policy may found posted on the Website. If You do not agree to the terms and conditions of these Terms of Use, Our Privacy Policy or any revised policy, please exit this Website immediately.

Introduction.

Please read the following information carefully before using this Website. By accessing this Website, You acknowledge, represent and warrant that: (i) You have read and understand these Terms of Use; (ii) You have and will access the Website and provide information to Us with the bona fide intent to use or to evaluate the Website, and not with an ulterior motive, such as to download portions of the Website to compete with Us or provide information to one of Our competitors; and (iii) in using the Website, You will comply with all applicable international, country, federal and state laws, rules and regulations.

Copyrights and Limited License.

All words, pictures, content, graphs, charts and other matters presented or made available on the Website sourced from Us are Copyright 2010 Figure 53, LLC (the "Information"). Content provided by Our Customers is copyrighted as provided in their content. We grant You a limited, royalty free, non-exclusive, revocable license to make use of the Information for Your own personal or internal business purposes only. All other rights are expressly reserved. Our Customers who use the Website to display content may have other terms and conditions with respect to use of their content, which may be linked inside of their content or otherwise provided to you.

No License to Trademarks.

All trademarks, service marks, tradenames or other identifying marks displayed on the Website (the "Marks") are owned by Us and/or Our licensors, or by our Customers. Except as applicable law may otherwise provide, or except as provided in writing by our Customers (with respect to their Marks) or agreed to in writing by Us, neither We nor our Customers consent to any use of the Marks by any person and do not grant You any right to use the Marks displayed on this Website.

Access By Minors.

We cannot prohibit minors from visiting this site. We must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, We hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that We do not endorse any of the products or services listed at such websites.

Misuse of the Website.

You violate these Terms of Use when You make any use of the Website that is not in conformity to the Acceptable Use Policy set out below, which is incorporated by reference.

Available Remedies.

We do not validate, error check or otherwise confirm the truth or accuracy of Information posted on the Website; or review, edit, censor or warrant the quality or accuracy of Information that You may acquire from the Website. You agree not sue or make any claim of any kind against Us regarding Information posted or available on the Website. When We become aware of harmful activities or if we receive any claim from a third party, in our sole and unfettered discretion We may take steps to stop the activity, such as removing the offending materials, denying the offender access to the Website or any other action We deem appropriate. We are required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. All remedies are non-exclusive. We are not responsible for (and You agree not to sue us in respect of) Information posted by our Customers.

To the extent Information on the Website includes advertising, promotions or other sales related data, We are not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from You.

Disclaimers as to Information.

WE AND OUR CUSTOMERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION FOR ANY PURPOSE. THE WEBSITE AND ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND/OR THE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, WEBSITE, CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR THE INFORMATION IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT THE INFORMATION.

No Framing.

We do not consent to "framing" our content or Information inside of any other page.

Electronic communications.

You agree to transact business with Us using electronic communications, either via web forms on the Website, or via email. Electronic communications will be deemed received by You when your email system reports that any email we send you, has been received by your system, regardless of whether you ever actually open or read such email. We may, but are not required, to use return receipt requests. Unless specifically required by applicable law, You consent to receive all notices, information, and other communications from Us concerning any subject matter, via electronic email. It is Your responsibility to maintain a valid email address, and we may terminate your access to the Website at any time that we determine You are in violation of these terms of use, or fail to maintain a valid email address.

Indemnity.

If You post or provide any Information, images or content onto the Website, or if You violate any provision of these Terms of Use, the Acceptable Use Policy or the Privacy Policy, You are liable to Us for Your actions, and in the event We are threatened with lawsuit or are sued by any person on account of Your activities, You agree to indemnify, defend and hold harmless Us and Our employees, directors, affiliates, subsidiaries, users and customers, from and against all claims, demands, damages and losses claimed by such person, and You agree to and shall pay all related costs and expenses, including reasonable legal fees, that We incur.

Governing Law; Choice of Forum.

These Terms of Use and Your use of the Website shall be governed and construed in accordance with the laws of the State of Maryland, exclusive of its conflicts of laws principles. You consent and submit to the jurisdiction and venue over any action, suit, or other legal proceeding that may arise out of or in connection with these Terms of Use, by the state or federal courts of the State of Maryland.

Questions or comments regarding these Terms of Use should be directed to us care of support@figure53.com.

Figure 53 Privacy Policy


What information do we collect?

We collect information from you when you place an order, subscribe to our newsletter, or contact our support team via email.

When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or credit card information. You may, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

  • To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
  • To send periodic emails. The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit card numbers, etc.) will not be stored on our servers.

Do we use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the sites or service provider's systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act); we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our website's privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

https://figure53.com/company/contact/

support@figure53.com
2443 Maryland Ave.
Baltimore, Maryland 21218
United States

General Use of This Website.

We continually seek to improve the quality of our Website and services so that We may better meet Your needs. As part of this process, the information We collect from our Website users and data regarding Your use of this Website is used in the following ways:

By Us - We use personally identifiable information that You provide to Us (such as Your name, address, phone and fax numbers, email address and other similar types of information specific to You) to statistically analyze Website usage and to improve the Website and our product and service offerings. We may use Your email address, mailing address, phone or fax number to contact You regarding feedback that You may have provided or information that You actively requested from Us. Further, We may be required to disclose personally identifiable information by court or administrative order such as a law, regulation, search warrant, or subpoena. We may also provide third parties with aggregate information regarding users of the Website. For example, We might inform third parties regarding the number of unique users of our Website, the number of times a Website link was selected by users, and aggregate information on the types of the activities such users conducted while on Our Website. This aggregate information will contain nothing that can identify You, and will not contain any personally identifiable information that refers or relates to You. Notwithstanding the above, in the case where We merge, sell Our business, or otherwise transfer operational control of Our business to a new owner, whether we do so directly or indirectly, You hereby authorize Us to transfer your entire personal information to such purchaser, so long as such Purchaser agrees to abide by the terms of this policy.

By Third Parties - We provide no personally identifiable information about You to any third party without Your express consent (which consent may be provided by you electronically, via a selection on a web form or in another manner), except that if you are entering such information related to a Customer’s content, we may provide that Customer with your information. Further, without Your consent, no third party will contact You using personally identifiable information You gave to Us through the Website. Please note that these policies apply only to the content provided by Us and our Customers who may use our system may have other policies that are different.

From time-to-time in Our discretion, You may be provided with the opportunity to opt-in to receive offers directly from our Customers. If you do choose to accept any such offer(s), any personally identifiable information that you voluntarily provide to Us for such purposes may be shared with our Customer(s), to allow our affiliates and/or such third parties to provide you with such offers. If you change your mind and would prefer that we no longer share your personally identifiable information with our affiliates and/or with third parties for their marketing purposes, you may opt-out of such future sharing at any time by clicking on __________and following the instructions to opt-out.

Security for Personally Identifiable Information.

We take the security of personally identifiable information very seriously. Our Website and database servers are hosted in a secured physical and network environment. Reasonable efforts are made to secure web servers, networks, host operating systems and databases against unauthorized access. Please remember that the security measures taken above are not foolproof; no website can guarantee that personally identifiable information will be protected in all situations. Therefore We can only state that We will make a reasonable effort to protect from unauthorized access the information that You provide, and that if we are notified of a breach, we will comply with applicable law, however, unless a statute provides You a right that cannot be waived, you specifically waive and covenant not to sue us for any data loss or breach of our system resulting in loss of personal information.

Use of This Website by Children.

The Website is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide personally identifiable information through the Website. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without the parent or guardian's consent by, for example, misrepresenting his or her age, that parent or guardian should contact us at support@figure53.com. If We determine that it has collected personal information of children under the age of 13, We will immediately delete such information and any accounts if determined to be held by children under 13.

Updating Your Personal Information and Contacting Us.

You can always contact Us in order to: (i) update the personally identifiable information You have provided; or (ii) direct Us to render inactive on our systems all personally identifiable information that refers or relates to You. We may be reached by email at support@figure53.com, or at: Figure 53, LLC, 2443 Maryland Avenue, Baltimore, Maryland 21218.

Questions or comments regarding this Privacy Policy should be directed to Us, care of support@figure53.com.

ACCEPTABLE USE POLICY

ACCEPTABLE USE OF WEBSITE. You agree as follows in respect of the acceptable and unacceptable uses of the Website (as defined in the Terms of Use). You will not and agree not to: use or attempt to use the Website for any illegal, abusive or unethical activities as determined by us in our sole discretion, which include by example and not limitation, transmission of illegal pornographic material, invasion of privacy, defamation, infringement of another person's copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts. send unsolicited bulk mail messages (“junk mail” or “spam”). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if you assert that your activities are authorized by applicable law, you shall provide an opinion of reputable counsel establishing a basis upon which your actions are taken. Malicious or threatening e-mail is also prohibited. Normally we will assume that you are in compliance with this provision, however, if an upstream provider blacklists our IP range or mail server as a result of activities we trace to you, we will presume that you are in violation of this provision. breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form. impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an email or TCP/IP header, or misrepresent authorization to act on behalf of others or us. All messages and packets transmitted via the Internet Service should correctly identify the sender and source; you may not alter the attribution of origin in electronic mail messages or posting. undermine the security or integrity of computing systems or networks or gain unauthorized access or control over our computers or any other person's computers. permit another person to use your resources or the Website to conduct any of the matters you are prohibited from doing. distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Website may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them. take any action that would cause us to violate any terms of an upstream service provider's acceptable use policy. The above list of acceptable and unacceptable uses of the Website is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in our sole discretion to determine whether any particular conduct is an acceptable use of the Website. In cases where we determine you engaged in conduct that you reasonably believed did not violate this policy in good faith, we will provide you electronic notice of our determination that such conduct is not an acceptable use, and provided you cease such conduct not later than 24 hours after such notice, you will not be considered to be in breach of this Agreement.