Factor46, LLC · factor46.com
Effective Date: November 1, 2026 · Last Updated: November 1, 2026
CONTENTS
1. What the Site is
2. Who may use the Site
3. Permission to use the Site
4. Our intellectual property
5. Third-party names and trademarks
6. Acceptable use
7. Information you submit
8. Feedback
9. No professional advice and no guarantee of results
10. Services agreements control
11. Third-party websites
12. Disclaimer of warranties
13. Limitation of liability
14. Indemnification
15. Privacy
16. Changes to these Terms and to the Site
17. Resolving disputes
18. General
19. How to contact us
These Terms of Use (“Terms”) govern your access to and use of factor46.com and any related pages operated by Factor46, LLC (“Factor46,” “we,” “us,” or “our”) (the “Site”). Please read them carefully.
By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
1. What the Site is
The Site is an informational website. It describes who we are, the services we offer, and how to get in touch with us. The Site does not sell products, process payments, or accept orders. Any purchase of Factor46 services is governed by a separate written agreement between you or your organization and Factor46.
2. Who may use the Site
You may use the Site only if you are at least 18 years old and able to form a binding contract. If you use the Site on behalf of an organization, you represent that you are authorized to accept these Terms on that organization’s behalf, and “you” refers to both you and that organization.
3. Permission to use the Site
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site, and to view, download, and print its content for your own internal business or personal informational use. All other rights are reserved. You may not reproduce, republish, distribute, sell, license, or create derivative works from the Site or its content without our prior written permission.
4. Our intellectual property
The Site and its content — including text, graphics, page design, logos, images, methodologies, report, plan, and roadmap formats, the Software Sprawl Map and its visual presentation, and the selection and arrangement of all of it — are owned by Factor46 or its licensors and are protected by copyright, trademark, and other laws.
“Factor46,” the Factor46 logo, and the names of our services and deliverables are trademarks or service marks of Factor46. You may not use them without our prior written permission.
Where we deliver a report, plan, roadmap, or other work product to a client, ownership and permitted use of that deliverable are governed by the written services agreement covering that engagement, not by these Terms.
5. Third-party names and trademarks
The Site may refer to third-party software platforms, products, and companies. Those names, logos, and marks belong to their respective owners and are used for identification and descriptive purposes only. Unless we state otherwise expressly and in writing, such references do not imply any affiliation with, sponsorship by, endorsement by, or partnership with the owner of those marks. This includes sample deliverables displayed on the Site, which show third-party product names solely to illustrate how our deliverables are constructed.
6. Acceptable use
When using the Site, you agree not to:
use the Site for any unlawful purpose or in violation of these Terms;
access, scrape, crawl, index, or collect data from the Site by automated means, except by well-behaved search engine crawlers that respect our robots file;
harvest or collect email addresses or other contact information from the Site for unsolicited communications;
attempt to gain unauthorized access to the Site, its servers, or any related systems, or to circumvent any security or access control;
interfere with or disrupt the Site, including by introducing viruses, malware, or any other harmful code, or by placing unreasonable load on our infrastructure;
reverse engineer, decompile, or attempt to derive the source code or underlying methodology of the Site or of any deliverable made available through it;
misrepresent your identity, affiliation, or authority, or submit information you do not have the right to provide; or
copy, frame, mirror, or resell any part of the Site or its content.
We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms.
7. Information you submit
When you submit information through a form on the Site or in connection with an assessment, you agree that the information is accurate to the best of your knowledge and that you have the right and any necessary authorization to provide it, including any information about other people or about your organization.
You grant us permission to use the information you submit to respond to you, to produce the deliverables you have requested, and otherwise as described in our Privacy Policy. This includes the use of pricing information in anonymized and aggregated benchmarks, as described in that Policy.
Do not send us confidential information through the Site that you are not authorized to disclose. This includes pricing, discounts, and contract terms that you have agreed with a vendor to keep confidential. You are responsible for confirming you are permitted to share them. Do not use the Site to transmit information subject to heightened regulatory protection unless we have agreed in writing to receive it.
8. Feedback
If you send us ideas, suggestions, or feedback about the Site or our services, you agree that we may use them for any purpose, without restriction, attribution, or compensation to you, and that we are under no obligation to keep them confidential.
9. No professional advice and no guarantee of results
The Site and any general materials available through it are provided for informational purposes only. They are not legal, financial, tax, accounting, procurement, or other professional advice, and they are not a substitute for advice from a qualified professional who understands your circumstances.
Any figures, savings estimates, utilization benchmarks, return-on-investment illustrations, or similar examples shown on the Site are illustrative. Sample reports, plans, and maps shown on the Site are illustrative and use invented data for a fictional organization. They do not describe any actual customer. Actual results depend on factors specific to your organization, including your licensing, your vendors, your internal capacity, and decisions outside our control. We do not guarantee any particular outcome, saving, or result.
10. Services agreements control
If you engage Factor46 to provide services, those services are governed by a separate written agreement. If there is any conflict between these Terms and a signed agreement between you and Factor46 relating to those services, the signed agreement controls as to the subject matter it covers.
11. Third-party websites
The Site may link to third-party websites, platforms, and resources. We provide those links for convenience. We do not control, endorse, or assume responsibility for third-party content, products, services, or practices, and your use of any third-party site is at your own risk and subject to that site’s own terms.
12. Disclaimer of warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FACTOR46 DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. We make no warranty as to the accuracy, completeness, reliability, or currency of any content on the Site. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FACTOR46 AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE AND THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Factor46 and its members, managers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Site, your violation of these Terms, your violation of any applicable law, or your infringement of any third party’s rights.
15. Privacy
Our Privacy Policy explains how we handle information collected through the Site and is incorporated into these Terms by reference.
16. Changes to these Terms and to the Site
We may revise these Terms from time to time. When we do, we will update the “Last Updated” date above and post the revised Terms on the Site. Your continued use of the Site after the revised Terms are posted means you accept them. We may also modify, suspend, or discontinue any part of the Site at any time, without notice or liability.
17. Resolving disputes
Before filing any claim, you agree to contact us first and to attempt in good faith to resolve the dispute informally for at least thirty (30) days after providing written notice describing the claim.
These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. You and Factor46 agree to the exclusive jurisdiction and venue of the state courts located in the City of Virginia Beach, Virginia, or the United States District Court for the Eastern District of Virginia, and each party waives any objection to that venue.
18. General
Severability. If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will stay in full force.
No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them freely, including in connection with a merger, acquisition, or sale of assets.
Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Factor46 regarding the Site, and supersede any prior understandings about it.
Electronic communications. You consent to receive communications from us electronically, and agree that electronic notices, agreements, and records satisfy any legal requirement that they be in writing.
Headings. Section headings are for convenience only and do not affect interpretation.
19. How to contact us
Questions about these Terms:
Factor46, LLC
506 Treetop Drive, Suite #101, Virginia Beach, VA 23451
Email: info@factor46.com
Phone: 571-274-8692