Terms of Use

Effective: January 01, 2017

The www.FavForMe.com Site is owned and operated by FavForMe, LLC a Missouri limited liability company (“Company”).  These Terms of Use (“Terms of Use” or “Agreement”) are intended to make you aware of the terms and conditions of your use of the www.FavForMe.com Site, any Content (as defined herein), or other products or services that are offered or provided by Company (collectively, the “Site”).  

The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Company, including through a registration process or other means.  In the event of a conflict between the Terms of Use and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.  

Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time effective by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. The continued use of the Site following the posting of changes to these Terms of Use will constitute your acceptance of those changes.

BY USING OR OTHERWISE ACCESSING THE SITE, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE.  IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, OR POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE.  

General Terms of Use and Restrictions on Use 

Company hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Site and its materials solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Use.  All rights not otherwise expressly granted by these Terms of Use are reserved by Company. If you do not comply with the Terms of Use at any time, Company reserves the right to limit your access to the Sire or restrict your ability to post or download. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, distribute, alter, modify, transform, publish, store, display, copy, edit, adapt, resell or exploit for any purpose any portion of or any information from the Site without previous written authorization of FavForMe LLC.  You may not obscure or remove any proprietary rights notices contained in or on the Content.  Company may discontinue or alter any aspect of the Site, remove Content from the Site, restrict the time the Site is available or restrict the amount of use permitted at Company’s sole discretion and without prior notice or liability. You agree that Company may, under certain circumstances, immediately suspend and/or terminate your access to the Site or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (d) discontinuance or material modification to the Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in Company’s sole discretion and without liability to you or any third party.  

Unless otherwise specifically noted in these Terms of Use or on the Site, images, trademarks, service marks, logos and icons displayed on the Site are the property of Company and/or its licensors and may not be used without Company’s prior written consent.  Any unauthorized use of any Content, whether owned by Company or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.  You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Site or any part thereof or grant any other person or entity the right or access to do so.  

For purposes of these Terms of Use, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.

Notices 

All copyrighted material, trademark, service mark, legal, proprietary or other notice on the Site or in Content on the Site must not be removed from the Site and the Content you may access.

User Accounts

For certain aspects of the Site, you may be asked to register an account.  In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process.  

This account is personal to you, and you will not share it or allow any other person to utilize your account.  You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password.  You agree to immediately notify Company in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.  

You also agree that you will provide truthful and accurate information during the registration process.  Company may refuse to grant a particular username to you for any reason, including, without limitation, in the event Company determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.  

Content

You acknowledge that the Site may contain or provide access to information, software, images, photos, video, text, graphics, drawings, illustrations, music, sounds, image files, recordings, computer programs, logos, brands or other material provided by Company or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Users may contribute Content to the Site that is accessible to other Users via email, chats, forums, newspapers, personal pages and other avenues on the Site. Content posted by users via the Site (“User Content”) is the intellectual property of the specific users of the Site who post such User Content.  By posting or delivering User Content, you hereby grant to Company a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.

Company does not generally monitor or otherwise remove User Content after it is posted on the Site except as required or permitted by law or otherwise in the sole discretion of Company, and reserves the right to ban a User or remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms of Use.  Company does not make any warranties or representations regarding any of the User Content.  Company does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content.  Company is not and will not be liable for any Content or User Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.

User Content Accuracy, Currency, and Completeness

All User Content originates from the applicable users and is beyond the control of Company.  Company neither initiates the provision of such User Content nor monitors the specific content or accuracy of the User Content being provided. Without limiting the generality of any other provision of these Terms of Use, Company shall have no responsibility for or liability related to the accuracy, content, currency, completeness or delivery of any User Content.  The applicable user providing such User Content is responsible for the accuracy, content, currency, completeness and delivery of the User Content provided by such user. Each user who provides User Content represents and warrants that the User Content provided by the user is accurate, current, and complete.  Each user who provides User Content shall indemnify One Mind for Research for any and all losses or damages Company may incur regarding or related to the accuracy, content, currency, completeness or delivery of the applicable User Content pursuant to the indemnification provisions of these Terms of Use.

LINKS

As a service to our users, the Site or third parties may provide links to other websites or resources on the Internet or information about other resources that may be of interest. Because Company has no control over such websites or resources, you acknowledge and agree that Company is not responsible for the availability of such external websites or resources, and Company is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content by Company is not intended to be an endorsement, sponsorship or recommendation by Company.  Please be aware that when you exit the Site, you are subject to the policies of the new Site.  You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party site or resource.  Company strongly encourages you to review any separate terms of use and privacy policies governing use of these third party websites and resources.

Users who employ hyperlinks between their webpage and www.FavForMe.com or any of the www.FavForMe.com web pages must abide by the following terms: (a) the User’s web page should contain in an easily visible and accessible place a note establishing that there is no relationship between the User and the Site owners; (b) hyperlinks should only be linked to the www.FavForMe.com’s home page; (c) User shall not create a browser or border environment on the Site; (d) use of such hyperlinks must not lead to a false, wrong, or inexact belief regarding the authorship or ownership of Site materials accessible through such link; (e) use of such hyperlink must not lead an Internet user to the false belief of a linking, sponsorship, approval, authorization, or supervisory relationship between the User’s web page and www.FavForMe.com; (f) User’s web page shall not have any brand, commercial name, place sign, logo, slogan or any other distinctive signs belonging to FavForMe except (i) where its use is restricted to the sign which serves as the hyperlink, and (ii) when its use has the exclusive result of identifying the source or authorship of materials obtained via the hyperlink.

Company’s Privacy Policy 

Company collects, stores and uses data collected from you in accordance with Company’s Privacy Policy, located at www.favforme.com/privacy   The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

Company may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives.  In addition, the Company may transfer information collected from users in connection with a sale or restructuring of Company.  

User Representations

You hereby represent and warrant to Company that (i) you are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (ii) all information provided by you to Company is truthful, accurate and complete; (iii) you will diligently use and keep confidential the personal username and password assigned to you in order to access the Site and you are responsible for all damage of any kind as a result of the use of your username and password by a third party; and (iii) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Site or any part thereof.  For any User Content that you post via the Site, you hereby represent and warrant that: (a) you are owner of such User Content or otherwise have the right to grant Company the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Content will not result in harm or personal injury to any third party.

Prohibited Uses

You agree not to: (a) use of the Site to post material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Site to post content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network; (d) use of the Site to post viruses, trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Site to post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of the Site for commercial purposes, advertising, or any other commercial aim in nature; (g) gather, collect, download, copy, or otherwise provide third parties with the User directory or any User information, including their personal information; or (f) use of the Site to engage in any activity that, as determined by Company, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: 

EXCLUSION OF WARRANTIES / DISCLAIMER 

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE OR THE SERVICE, AND ANY COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK.  ALTHOUGH COMPANY USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE AND THROUGH THE SERVICE IS AS ACCURATE AS POSSIBLE, COMPANY GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE OR THE SERVICE AND/OR COMPANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN.  FURTHER, COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY COMPANY CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR COMPANY CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR THE SERVICE OR COMPANY CONTENT WILL MEET YOUR EXPECTATIONS.  COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SITE, THE SERVICE OR COMPANY CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.  

ANY COMPANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH COMPANY CONTENT OR MATERIAL.  

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE.  IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Release / Indemnification 

You agree to release Company, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site and the Service.  If at any time you are not happy with the Site or the Service or object to any material within the Site or the Service, your sole remedy is to cease using them.

You agree to defend, indemnify and hold harmless Company, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Site or any part thereof, (b) any User Content you post via the Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of Company or third parties by you, or (e) any negligence or willful misconduct by you.

Governing Law and Other Miscellaneous Terms 

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of Missouri, without regard to its conflicts or choice of laws principles.  

The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Company which would be both difficult to ascertain and which would not be compensable by damages alone.  As such, the parties agree that Company has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Company may have.  The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.  

Copyright and Copyright Notices 

Company respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information:

allow us to locate the allegedly infringing material;

Please contact Company’s Copyright Agent for Notice of Claims of copyright infringement at: hello@favforme.com.  Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.

Counter-Notice.  If you believe that the Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the person providing such Content, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.

CHANGES TO OUR POLICIES  

Our Terms of Use Policy is intended to provide you with the safest and most secure experience possible.  Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Policy at any time without prior notice.  If you have any questions, or would like further clarification, please e-mail us at hello@favforme.com.  Any changes in Company’s policies will be communicated on this page.

This Site is operated by Company.  All inquiries may be directed to:

FavForMe LLC

763 Schluersburg Road

Augusta, MO 63332

636-266-6114

Support@favforme.com