Terms of Use


Welcome to the website of Node Factor. Node Factor is a hosted backend service provider operated by Node Factor LLC (the “Company”). Please review these terms and conditions carefully.  The following Terms of Use apply when you view or use the services offered via our website located at nodefactor.com or any of its subdomains, including any access to our infrastructure in connection with the offered services (the “Service”).  By accessing or using the Service, you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use the Service.  

Privacy policy

We respect the privacy of our users.  Please refer to the Company's Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Service, you signify your agreement to this Privacy Policy.

About the service

The Service allows you to connect your websites or applications to our infrastructure, and use our infrastructure as a backend that stores, processes, or transmits data submitted by your websites or applications, or your users.

Registration, rules for user conduct and use of the service

You need to be at least 18 years old to register for and use the Service.

If you sign up for the Service, we will create a personalized account which includes your email address and a password to access the Service and to receive messages from the Company.  You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your account.

Use restrictions

Your permission to use the Site and Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • use the Service for any unlawful purpose or for the promotion of illegal activities;
  • use another user’s account without permission;
  • provide false or inaccurate information when we request any information from you;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • make any attempt to access data that you are not authorized to access via the Service;
  • use any software, technology, or device to harvest or manipulate data stored or transmitted by the Service;

Data submission and conduct restrictions

During the use of the Service, your websites or applications may submit content, or may enable your users to submit content to our services (“User Content”). You are solely responsible for the User Content that your websites and applications, or your users submit, upload or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  The Company, however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By submitting or enabling the submission of any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while you are using the Service, including activity initiated by your websites or applications that are connected to the Service;
  • You will not submit data with malicious or unlawful intent;
  • You are solely responsible for any disputes that may arise from the submission of copyrighted content or content that is subject to third party proprietary rights, including privacy, publicity, trade secret;
  • You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that the Company is not responsible for any liability, loss or damage that occurs as a result of the use, misuse, or inadvertent disclosure of any User Content.  The Company is not responsible for any public display or misuse of your User Content.  The Company does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

Online content disclaimer

Any User Content submitted to or stored by the Service belongs to their respective authors.  The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party submits to or sends over the Service.  Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on any content submitted to or stored by the Service.

Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is objectionable.  The Company reserves the right, but has no obligation, to monitor the data submitted to the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.  If you become aware of misuse of our Service, please contact us.

E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.

Links to other sites and materials

As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy to Service users.  The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company.  If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Email may not be used to provide notice

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

User consent to receive communications in electronic form

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by notifying us of your intent via email.

Opting out may prevent you from receiving messages regarding the Company or special offers.

Warranty disclaimer

The service, is provided “as is,” without warranty of any kind. without limiting the foregoing, the company expressly disclaims all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your use of the service, or use of information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

Limitation of damages, release

To the extent permitted by applicable law, in no event shall the company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages or expenses, however arising, that result from (a) the use, disclosure, or display of User Content; (b) your use or inability to use the Service; (c) the Service generally or the software or systems that make the service available; or (d) any other interactions with the Company or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

If you have a dispute with one or more users, or any third-party that results from the use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Modification of the service 

The Company reserves the right to modify or suspend the Service at any time. We reserve the right to change the price of the Service. Such changes will be advertised on the website prior to the changes taking effect. The Company shall not be liable to you or to any third party for any modification or suspension of the Service.

Modification of terms of use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement.  If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use.  However, we will notify you of material changes to the terms by posting a notice on our website and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.  No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

Account credit

The Service may allow you to earn account credit for certain actions, such as referring someone to the Service. The amount of credit that has accrued in your account will be displayed to you when you log in to your account. Such credit may not be transferred out of your account, may not be exchanged for cash, and may only be used to pay for services offered by the Company. The accrued credit does not expire as long as your account is in good standing. We reserve the right to invalidate account credit or limit its use in any way.

General terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within one year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these terms and conditions. You further acknowledge that these terms of use together with the privacy policy published on the Site represent the complete and exclusive statement of the agreement between you and the Company and that it supersedes any proposal or prior agreement oral or written, and any other communications relating to the subject matter of this agreement.

Contacting us

If you have any questions about these terms, please contact us using the contact form on the website. Our mailing address is 340 S Lemon Ave #3380, Walnut, CA 91789.


Effective as of 6/24/2016