TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern your use of the FavorUp Website and FavorUp App (collectively referred to as the “Site/App”) operated by FavorUp (“us”, “we”, “our”, or “FavorUp). “You” refers to any person accessing and/or using this Site/App.
By accessing or using the Site/App or by clicking a box that states that you accept or agree to the FavorUp Terms and Conditions, you signify your agreement to these Terms for yourself. If you do not agree to these Terms, you may not use the Site/App. Without limiting other rights and remedies available to us, if you fail to comply with these Terms, we may immediately terminate this contract with you and/or delete your account or any of the features in your account.
Privacy Notice
To provide you with the features and benefits of the Site/App, we need to collect information from you through our Site/App. Please review our Privacy Policy found here:https://www.favorup.com/privacy-policy for details regarding the collection and use of your personal information.
Age and Eligibility Requirements
By using this Site/App, you affirm that you are 18 years or old to enter into these Terms.
The Site/App requires you to create an account to participate. You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
Passwords and Security
You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account.
FavorUp’s Proprietary Rights
The Site/App are the property of FavorUp. All FavorUp trademarks, services marks, trade names, logos, domain names, and any other features of the FavorUp brand (“FavorUp Brand Features”) are the sole property of FavorUp or its licensors. These Terms do not grant you any rights to use any FavorUp Brand Features whether for commercial or non-commercial use.
User Content And Activities
FavorUp users may post, upload, or otherwise contribute content to the Site/App (“User Content”). For the avoidance of doubt, User Content includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Site/App by users.
You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on the Site/App, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by FavorUp pursuant to the license granted below, does not: (i) violate these Terms, including applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by FavorUp or any individual or entity without the prior express written consent from FavorUp or such individual or entity.
Activities coordinated using the Site/App and content posted on the Site/App should not violate and should otherwise be consistent with fostering, encouraging and promoting FavorUp values:
In posting or sharing User Content or other information on the Site/App, please keep in mind that content and other information will be publicly accessible and may be used and re-shared by others on the Site/App and across the web, so please use caution in posting or sharing on the Site/App and be mindful of your account settings. FavorUp is not responsible for what you or others post or share on the Site/App.
Monitoring User Content
FavorUp may, but has no obligation to, monitor or review User Content. FavorUp reserves the right to remove or disable access to any User Content for any or no reason. FavorUp may take these actions without prior notification to you.
Prohibited Uses
By accessing the Site/App, you agree not to use the Site/App for any unlawful or prohibited activities. The following actions are strictly prohibited:
Illegal Activities
You may not use the website to engage in any activities that violate local, state, national, or international laws, regulations, or rules. This includes, but is not limited to:
Harmful or Malicious Content
You may not upload, post, or transmit any content that:
Harassment or Abusive Behavior
You may not use the Site/App to:
Unauthorized Commercial Use
You may not use the Site/App for any unauthorized commercial purposes, including:
Exchange of Money for Favors or Services
You may not use the Site/App to offer, solicit, or engage in the exchange of money for favors or actions that are outside the lawful scope of the Site/App’s intended use. This includes:
However, reimbursement for legitimate expenses, such as travel or materials, may be allowed as long as it is not tied to an unlawful or unethical exchange of favors or services.
Other Prohibited Uses
You may not use the site to offer, solicit or engage in:
Your Rights to Use the Site/App
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Site/App and the content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or FavorUp. You agree that you will not redistribute or transfer the Site/App or the content.
The FavorUp software applications and the content are licensed, not sold or transferred to you, and FavorUp and its licensors retain ownership of all copies of the FavorUp software applications and content even after installation on your devices.
Licenses You Grant to Us
You retain ownership of your User Content when you post it to the Site/App. However, in order for us to make your User Content available on the Site/App, we do need a limited license from you to that User Content. Accordingly, you hereby grant to FavorUp a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Site/App. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content and your right to object to derogatory treatment of such User Content.
Your Device
You also grant to us the right (1) to allow the Site/App to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Site/App, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
Electronic Notice
You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
Violation of Terms and Conditions
You may not use the Site/App in any manner that violates the Terms and Conditions of services, any applicable law, or any other agreement between you and FavorUp. You are solely responsible for ensuring that your use of the Site/App and your User Content complies with these Terms. If you are uncertain whether certain actions or content are allowed under these Terms, we encourage you to refrain from posting or engaging in such activities, and contact us for clarification.
If we determine that you have violated any of these Terms, we reserve the right to suspend or terminate your access to the Site/App, without notice or liability.
Termination or Suspension
We may terminate or suspend your access to the Site/App, and/or terminate these Terms subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used the Site/App in violation of any provision of these Terms or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Site/App.
Warranty Disclaimers
THE SITE/APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, FAVORUP AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER FAVORUP NOR ANY OWNER OF CONTENT WARRANTS THAT THE SITE/APP OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, FAVORUP MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SITE/APP OR ANY HYPERLINKED WEBSITE, AND FAVORUP IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM FAVORUP SHALL CREATE ANY WARRANTY ON BEHALF OF FAVORUP. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability and Time for Filing a Claim
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE/APP IS TO UNINSTALL ANY FAVORUP SOFTWARE AND TO STOP USING THE SITE/APP. YOU AGREE THAT FAVORUP HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE/APP, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO FAVORUP, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FAVORUP, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE/APP, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER FAVORUP HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE/APP, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO FAVORUP DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00.
For clarification, these Terms do not limit FavorUp's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Though FavorUp strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Site/App. You agree to use caution in all interactions with other users, particularly in the completion of favors, or when communicating off the Site/App or when meeting in person.
Third Party Rights
You acknowledge and agree that the owners of the content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, (1) these Terms are not intended to grant rights to anyone except you and FavorUp; and (2) in no event shall these Terms create any third-party beneficiary rights.
If you have downloaded our mobile software application (an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and FavorUp only, not with Apple, and Apple is not responsible for the Site/App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Site/App. In the event of any failure of the Site/App to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Site/App. Apple is not responsible for addressing any claims by you or any third party relating to the Site/App or your possession or use of the Site/App, including: (1) product liability claims; (2) any claim that the Site/App fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Site/App or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Site/App. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
Indemnification
You agree to indemnify and hold FavorUp harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional FavorUp terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Site/App; and (4) your violation of any law or the rights of a third party.
Governing Law, Jurisdiction, and Jury Trial Waiver
These Terms and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms or your relationship with FavorUp as a user of the Site/App ("Dispute") are governed by and shall be construed in accordance with the laws of the State of Maryland, except to the extent preempted by or inconsistent with federal law.
To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial.
Arbitration Agreement
Agreement to Binding Arbitration
You and FavorUp agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the site or (2) the breach, enforcement, interpretation, application, or validity of these Terms, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms (the “Arbitration Agreement”).
Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or FavorUp can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or FavorUp may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Class Action Waiver
The parties agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and FavorUp may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.
Governing Law and Arbitration Rules
The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Maryland.
The arbitration will be conducted under the then current and applicable Consumer Arbitration Rules of the American Arbitration Association (“AAA”). The AAA Consumer Arbitration Rules are available online at www.adr.org
7. Miscellaneous
Changes
We may need to make changes to any portion of these Terms from time to time and for many reasons, including to reflect updates to the FavorUp products or changes in law. If we make a material change to these Terms, it will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amended terms through these Terms. You are responsible for periodically reviewing these Terms for updates and amendments.
Severability and Waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by FavorUp or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive FavorUp's or the applicable third-party beneficiary's right to do so.
Entire Agreement
These Terms and any policies or operating rules posted by us on the Site/App or in relation to the Site/App constitute the entire agreement between you and us. Any failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Contact Us
If you have any concerns about FavorUp or your use of the Site/App, please contact us at 1-888-800-3290 or hello@favorup.com with a detailed description, and we will try to resolve it.
Last updated 12-13-2024
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