Welcome to favly.com and the Favly App. The Favly website and Favly App are owned and operated by Favly, Inc., a California corporation, and have been design for consumers, professionals, and businesses to ask for a referral, give a referral, and say thanks for a referral. In other words “Share Trusted Referrals”. The following is an Agreement between you and Favly, Inc. (“Favly”) which governs your use of Favly website and Favly App, any web page which is a part of the Favly website or the Favly App, your purchase of Favly Gift Card through the use of the Favly website or Favly App.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE, DO NOT VISIT ANY PAGE WHICH IS A PART OF THIS WEBSITE, DO NOT PURCHASE ANY PRODUCT OR SERVICE THROUGH THE USE OF THIS WEBSITE, DO NOT CLICK “JOIN NOW”, “JOIN FAVLY”, “SIGN UP” OR SIMILAR, REGISTERING, ACCESSING OR USING OUR SERVICES, AND DO NOT DOWNLOAD THE FAVLY APP TO ANY MOBILE DEVICE. THIS AGREEMENT CONTAINS DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITIES AND PROVISIONS REGARDING WHERE A LAWSUIT MAY BE BROUGHT.
In order to use the Favly website, and download and use the Favly App on any mobile devise you must be at least eighteen (18) years of age. By agreeing to the terms and conditions of this Agreement, you are representing and warranting to Favly that you are over the age of eighteen (18) years of age. Any individual found to be under eighteen (18) years of age shall have his or her account with Favly immediately terminated.
4.1 You agree not to use Favly website and Favly App for any of the following: (a) you shall not use this website or the Favly App in any unlawful manner or in any manner that creates civil or criminal liability on the part of Favly, or that is otherwise harmful to Favly’s business or its reputation in the community; (b) you shall not engage in any conduct that could damage, disable, overburden, impair, impede, disrupt, or alter this website or the Favly App; and (c) you shall not engage in any conduct that would or could interfere, impair, impede, or disrupt the use of the Favly website and the Favly App by any third party.
4.2 You further agree that while using the Favly website or Favly App, you shall not: (a) Act dishonestly or unprofessionally, including posting inappropriate, inaccurate, or objectionable content; (b) Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Favly, Inc.); (c) Use Favly to do anything illegal, unlawful, misleading, malicious or discriminatory; (d) Create a false identity on Favly, Inc’s website or app.; (e) Misrepresent your current or previous positions and qualifications; (f) Misrepresent your affiliations with a person or entity, past or present; (g) Misrepresent your identity, including but not limited to the use of a pseudonym; (h) Create a Member profile for anyone other than yourself (a real person); (i) Use or attempt to use another's account; (j) Use Favly to harass, abuse, bully or harm another person; (k) Send spam or other unwelcomed communications to others using the Favly website or Favly App; (l) Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work); (m) engage in any act that is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner; (n) Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer); (o) Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights; (p) Violate the intellectual property or other rights of Favly, Inc., including, without limitation, using the word “Favly, Inc.” or our logos and trademarks (registered and unregistered) in any business name, email, or URL except with the prior written consent of Favly; (q) Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation which is not authorized by Favly, Inc.; (r) Post anything that contains software viruses, worms, or any other harmful code; (s) Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services; (t) Create profiles or provide content that promotes escort services or prostitution, or use the Favly App or website to make referrals of escort services or prostitution; (u) Create or operate a pyramid scheme, fraud or other similar practice using the Favly website or app; (v) Copy or use the information, content or data of others available on the Services (except as expressly authorized); (w) Copy or use the information, content or data on Favly, Inc. in connection with a competitive service (as determined by Favly, Inc.); (x) copy, modify or create derivative works of Favly, Inc., the Services or any related technology (except as expressly authorized by Favly, Inc.); (y) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof; (z) Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data; (aa) Remove any copyright, trademark or other proprietary rights notices contained in or on our Service; (bb) Remove, cover or obscure any advertisement included on the Services; (cc) Collect, use, copy, or transfer any information obtained from Favly, Inc. without the consent of Favly, Inc.; (dd) Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information; (ee) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; (ff) Override any security feature of the Services; and (gg) Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms). Violation of this section shall be cause for termination of your account at Favly, and your use of the Favly website and app, and your use of the Favly website and Favly App being blocked from use for such violations.
4.3 You agree not to post on or transmit through this website or through use of the Favly App any material that is unlawful; libelous; constitutes an invasion of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner; constitutes a breach of your contractual and/or fiduciary obligations; infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights; or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment. You further agree to not use the Favly App to refer any individual or business to any individual or business to buy or sell drugs of any kind, including marijuana even if it is legal in the state where the individual or business making or receiving the referral is located. Favly reserves, in its sole and absolute discretion, to prohibit any conduct, communications, content, or use of this website and the Favly, and to remove any content or communications, which in its sole discretion it finds objectionable or unacceptable in any manner. You agree to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; Provide accurate information to us and keep it updated; Use your real name on your profile; and Use the Services in a professional manner.
5.1 Favly reserves the right to restrict, suspend, or terminate your account at Favly, and cut off your rights to use the Favly website and Favly App if it believes that you may be in breach of this Agreement or law or are misusing the Service, including any violation of Section 4 of this Agreement.
5.2 If you are paying business member at Favly, and you do not pay your monthly fee to be a business member, your business membership will be suspended until payment in full is made, and the following services provided for members will also be suspended during the period of non-payment: (a) suspension of the member’s complete business profile on the Favly website and app,; (b) suspension of your ability to post gift cards for purchase by consumers and businesses that use the Favly App and website; (c) you will no longer be listed in the Favly “Community” where highest Favly scored companies in your industry are listed; (d) you will not have the ability to participate in the Favly Newsfeed that will be coming soon, and which allows paying members to post photos, updates, video deals, and announcements.
Favly reserves all of its intellectual property rights in the Services, its website, and its app, including all ownership rights in its trademark and trade names, which include Favly, Inc., Favly (stylized), the “tilted heart” logos and other Favly, Inc. trademarks, service marks, graphics, and logos used by Favly. Other trademarks and logos used in connection with the Services, or found on the Favly website or used in the Favly App may be the trademarks of their respective owners. The copyright in this web site, the content of this web site, and software utilized in this web site are owned by Favly, Inc., and its suppliers and licensors. All rights in and to such copyrights are reserved to their respective owners. No license or permission is given to you to use such copyrighted material in any manner. You may not remove, modify, or alter in any manner any notice regarding copyright, trademark, proprietary rights, warranty information, disclaimers, or warnings which are included in or on this web site or any service or product offered for use or sale through this web site. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
THE USE OF THE FAVLY WEBSITE, THE CONTENT OF THE FAVLY WEBSITE, USE OF THE FAVLY APP, THE CONTENT OF THE FAVLY APP, THE SOFTWARE UTILIZED BY THIS WEBSITE AND THE FAVLY APP, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEBSITE AND FAVLY APP, EXCEPT AS EXPRESSLY PERMITTED, IS STRICTLY PROHIBITED AND SHALL CONSTITUTE AN INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS OF FAVLY, INC. AND ITS LICENSORS OR SUPPLIERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
You agree that all content and information submitted by you for inclusion, use or distribution at the Favly website or on the Favly App shall be in accordance with and in compliance with the Proper Usage requirements contained in Section 4 of this Agreement. By submitting content and information to Favly for inclusion, use or distribution on this website, or through the Favly App, you represent and warrant to Favly that: (a) you have the authority to grant the rights to such content or information which are being granted hereunder; (b) you own and/or control all rights in and to such content or information; and (c) such content or information is in compliance with the Proper Use requirements contained in Section 4 of this Agreement.
You are solely responsible and liable for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights and any other claims, costs, and damages arising from Favly’s inclusion, use or distribution of all content and information submitted by you. Favly neither assumes, has, or will have any responsibility or liability for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights or any other claims, costs, and damages arising from Favly’s inclusion, use or distribution of all content submitted by you. You agree to indemnify and hold harmless Favly, its shareholder, officers, directors, employees, and agents from and against any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights and any other claims, costs, and damages arising from Favly’s inclusion, use or distribution of all content and information submitted by you.
You hereby grant to Favly a royalty-free, perpetual, irrevocable, unlimited, worldwide right and license to use, reproduce, publish, translate, sublicense, copy, and distribute all such and information submitted by you, in whole or in part, and/or to incorporate such content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content.
Here at Favly we recognizs and respects the importance of intellectual property rights and endeavors to take all steps to protect the intellectual property rights of others. If you believe that this website or the Favly App, the content of this website or the Favly App, software utilized on the website or with the Favly App, or any service or product available for use or sale through this website constitutes an infringement of your copyright, trademark, patent or other proprietary or contractual rights, please let Favly know immediately by sending written notice specifying all elements of your claim of infringement to:
1211 Maricopa Hwy. Suite 221
Ojai, CA 93023
You understand and acknowledge that the Favly website and app, and certain content available via the use of the website and app may include materials from third parties, including users, and that Favly may provide links to certain third party websites. You acknowledge and agree that Favly is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Favly does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or programs of third parties. Links to other websites are provided solely as a convenience to you.
TO THE EXTENT ALLOWED UNDER LAW, FAVLY, INC. (AND THOSE THAT FAVLY, INC. WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL EXPRESSED OR IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
FAVLY MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE TRUTH, ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTAINED ON THIS WEB SITE, IN THE CONTENT OF THIS WEB SITE, OR IN OR ON ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE.
FAVLY MAKES NO WARRANTY OR REPRESENTATION THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEB SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, THAT THE OPERATION OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEB SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT.
FAVLY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DAMAGE TO ANCILLARY OR ATTACHED EQUIPMENT OR COMPONENTS THEREOF OR FOR LOSS OR NON-RECOVERABILITY OF ANY DATA OR STORED INFORMATION.
FAVLY SHALL HAVE NO LIABILITY TO ANY THIRD PARTY ARISING FROM YOUR USE OF THE FAVLY WEBSITE OR FAVLY APP, THE CONTENT OF THE FAVLY WEBSITE AND APP, THE SOFTWARE UTILIZED BY THE FAVLY WEBSITE AND APP, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE FAVLY WEBSITE AND APP.
SOME STATES DO NOT ALLOW FOR EXCLUSION OF AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO EVENT SHALL THE LIABILITY OF FAVLY, INC. (AND THOSE THAT FAVLY, INC. WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD FAVLY, ITS SHAREHODLERS, DIRCTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES, TO ANY THIRD PARTY ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE FAVLY WEBSITE OR FAVLY APP, THE CONTENT OF THIS WEBSITE AND APP, THE SOFTWARE UTILIZED BY THIS WEBSITE AND APP, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE FAVLY WEBSITE AND THE FAVLY APP. YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD FAVLY, INC. HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, ARISING FROM YOUR BREACH OF OR DEFAULT UNDER THE WITHIN AGREEMENT.
IN NO EVENT SHALL THE LIABILITY OF FAVLY, INC. (AND THOSE THAT FAVLY, INC. WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH BUSINESS MEMBERS, MERCHANTS AND OTHER USERS OF THE FAVLY WEBSITE AND FAVLY APP. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE FAVLY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A BUSINESS MEMBER, USER, OR MERCHANT, REGARDLESS OF WHETHER SUCH PRODUCT OR SERVICE IS A BUSINESS MEMBER, MERCHANT OR USER OFFERING AVAILABLE THROUGH THE SITE, ANY ACTION OR INACTION BY A BUSINESS MEMBER OR MERCHANT, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO ANY HARM CAUSED TO YOU BY ACTION OR INACTION OF A BUSINESS MEMBER, USER OR MERCHANT, A BUSINESS MEMBER OR MERCHANT’S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY THE TERMS OF A BUSINESS MEMBER OR MERCHANT OFFERING OR ANY OTHER PRODUCT OR SERVICE PURCHASED OR OBTAINED BY YOU FROM A BUSINESS MEMBER, OR MERCHANT, AND ANY CONDUCT, SPEECH OR USER CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER THIRD-PARTY.
Favly shall be excused from performance under this Use Agreement, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Favly.
The Favly website and Favly App were created by, and are controlled, owned and operated by Favly, Inc., a California corporation, in the state of California. All rights and obligations hereunder shall be governed by the laws of the State of California, without regard to the conflicts of law provisions of such jurisdiction, and any litigation concerning this Instrument shall be instituted and prosecuted in any court of competent jurisdiction in the County of Ventura, State of California. You and Favly hereby irrevocably submit themselves to the jurisdiction of the Courts of the State of California, Ventura County and the jurisdiction of the United States District Court for the Central District of California for the purpose of any suit, action or other proceeding arising out of or related to this Instrument. You and Favly hereby waive and expressly agree not to assert, in any way, any claim or allegation that it is not personally subject to the jurisdiction of the courts named above. You and Favly further waive any claim or allegation that any suit, action, or proceeding is either brought in an inconvenient forum or that the related venue is improper.
To commence an arbitration proceeding, you must comply with the limitations provision set forth in Section 15(e) and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to Favly at 1211 Maricopa Hwy, Suite 221, Ojai, CA 93023. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.
(b) You and Favly each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, and not in a consolidated or representative action. The arbitrator does not have the power to vary these provisions.
(c) You and Favly agree that in the event that a Dispute goes to trial, each party waives their right to a trial by jury.
(d) Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the terms of this Use Agreement.
(e) If either you or Favly wishes to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
(f) With the exception of Section 15(b) above, if any part of this Section 15 is ruled to be unenforceable, then the balance of this Section 15 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 15(b) above is ruled to be unenforceable, then Section 15(a) shall be deemed unenforceable, but the rest of Section 15 shall remain in full effect.
The products and services offered for sale through the use of Favly website and app contain descriptions that are provided by Favly’s suppliers, vendors, and licensors, and Favly does not warrant or represent that such descriptions are complete and accurate.
The "Retail Price" listed for products and services offered for sale through the use of the Favly website or Favly App represent the full retail price listed on the product, the retail price suggested by Favly’s suppliers, vendors, or licensors, or the retail price as estimated in accordance with standard practice. Such "Retail Price\" is a comparative estimate only and may not represent the prevailing retail price in every geographical location at a particular moment.
The purchase price for products and services offered for sale through the use of this web site may increase or decrease between the time an item is placed in your shopping cart and the time the purchase of such item is actually made by completion of the check out process. You will be responsible for the payment of the purchase price in effect at the time the purchase of an item is actually made by completion of the check out process.
The purchase price for products and services offered for sale through the use of the Favly website or Favly App may be incorrectly stated on the web site. In the event the purchase price for an item is incorrectly stated, Favly may, in its sole discretion, (i) contact you for instructions before shipping the item and charging you for such item; (ii) cancel the order and notify you of the cancellation; or (iii) ship the item to you at the lower of the incorrectly stated price or the actual purchase price.
This Pricing Policy only applies to products and services sold and shipped directly by Favly. Products and services sold by third parties through the use of Favly website or Favly App are subject to the pricing policies of such third parties.
Paid members who pay the monthly membership fee have the right to sell gift cards for their business on the Favly Website and through the Favly App to consumers, and professionals who have downloaded the Favly App. Users that purchase gift cards using the Favly App represent and warrant that they understand and agree that Favly is only responsible for delivery of such gift card to the designated party being sent the gift card. Favly is not responsible for the product or service purchased by such Favly user, the quality of such service or product purchased from such Favly member business. In the event that any Favly user or individual who purchases or receives a Favly Gift Card has problems redeeming such gift card, such individual shall contact the vendor directly that is providing such good and/or service, not Favly. Favly shall not be liable of any defect in the quality of any product or service, or issues in redeeming any gift card purchased or given using the Favly App.
Favly shall have the right at any time, with or without cause, and with or without notice to you to (i) cancel any order; (ii) terminate or suspend your right to use or access the Favly website and Favly App; or (iii) terminate or suspend your right to purchase any product or service through the use of the Favly website or app.
In order to purchase products or services through the use of the Favly website or the Favly App, you must establish an account with Favly. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of this web site that occur under your account or your account password.
You acknowledge and agree that Favly may access, preserve, and disclose your account information, all content submitted by you, all communications to and from you, all information relating to your use of this web site, and all information relating to the use of this web site under your account or account password if Favly is required to do so by law or legal process or if Favly determines, in its sole and absolute discretion determines that such action is necessary to protect the rights of Favily, third parties, and other users of this web site or for purposes of responding to your request for customer service.
21.1 You consent to receive electronic communications from Favly either in the form of email sent to you at the email address listed on your account, text message to your mobile device listed in your account, or by communications posted on the Favly website or app. You acknowledge and agree that any electronic communication in the form of such email, or text messaging, or posting on the Favly website shall satisfy any legal requirement that such communication be in writing.
22.2 When you make a referral, you consent to Favly sending such referral to such individual by email or text to a mobile devise using the email or mobile telephone you have entered prior to making the referral, and you further consent to Favly sending an email or text message to the individual or company that is receiving the referral stating that such individual or business has received a referral from you, and who may be call such individual or business. All individuals receiving notice of a referral shall be advised that they may sign up for the Favly App, and that if they wish they may opt out from receiving such email and text messaged through Favly.
All notices to you will be sent by email to the email address listed on your account or by first class mail, postage prepaid, to you at the mailing address listed on your account. All notices to Favly shall be sent by email to email@example.com
a. Severability. In the event any one or more of the provisions of this agreement is for any reason held to be invalid, illegal or unenforceable, in whole or in part or in any respect, or in the event that any one or more of the provisions of this instrument operate or would prospectively operate to invalidate this instrument, then and in any such event, such provision(s) only will be deemed null and void and will not affect any other provision of this instrument and the remaining provisions of this instruments shall remain operative and in full force and effect and shall not be affected, prejudiced, or disturbed thereby.
b. The headings of paragraphs hereof are inserted only for the purpose of convenient reference. Such headings shall not be deemed to govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of this Agreement or any part or portion thereof, nor shall they otherwise be given any legal effect whatsoever.
c. This Agreement cancels and supersedes all prior understandings, whether oral or written, between the parties relating to the subject matter hereof, and contains all of the terms, conditions and promises of the parties hereto.
d. As used herein, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the others whenever the context so indicates.