Last updated: December 14th, 2020
These Terms of Service (these “Terms”) apply between you and Personal Fav Corporation, a California Corporation (“Personal Fav,” “we,” “our” or “us”) in connection with your access to and use of our website, URL [personalfav.co] (“Site”) and all associated services (“Services”). These Terms of Use constitute an agreement between Personal Fav and you, the visitor, governing your access to and use of the Site. Please read these Terms carefully before you start using the Site. If you are under the age of 18, your parents or legal guardian must review and accept these Terms before you use this Site for any reason. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services.
We reserve the right to change these Terms at any time at our discretion, with or without prior notice to you, and any such changes to these Terms will supersede and replace any previous Terms effective immediately upon posting to this page. It is your responsibility to periodically review these Terms for any changes. Your continued use of the Site after any posted changes will confirm that you accept the new Terms in full. If you do not agree to the new Terms, you must stop using the Site.
Questions or comments about these Terms may be directed to us at hello@personalfav.com.
Our collection and use of your personal information in connection with your use of and access to the Site is outlined in our Privacy Policy.
All materials that are included in, made available on or are otherwise a part of the Service (“Personal Fav Content”), including without limitation any and all articles, blogs, text, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork, logos, trademarks and the “look and feel” of the Service, are owned or licensed by Personal Fav or its affiliates or subsidiaries. The Personal Fav Content is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and laws.
We are granting you a non-exclusive, revocable, limited license to use the Site solely for your personal and non-commercial use. You agree not to use the Site for sale, trade or other commercial purposes, and you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site.
If you would like to obtain our permission to publish, display or commercially exploit any material from the Site please write to us at hello@personalfav.com.
By submitting any information, data, text, music, sound, photographs, graphics, video, messages or other materials (collectively, “User Content”), to Personal Fav via the Site or via email to Personal Fav, you are granting us the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such User Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material. You also warrant that any “moral rights” in submitted content has been waived.
The Personal Fav Content on our Site is provided for general informational purposes only. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site (including both the Personal Fav Content and User Content) is accurate, complete or up-to-date. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS AT YOUR OWN RISK. No assurance is given that the information contained on the Site will always include the most recent findings or developments with respect to the particular material.
By using the Site, you may be exposed to content from other users, as well as material posted, uploaded, made available, shared or transmitted to or through the Site by us, that you may find offensive or otherwise objectionable. The views expressed by other users on our Site do not represent our views or values. Under no circumstances will we be liable or responsible in any way to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
Personal Fav alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Site and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site (collectively, “Feedback”). You are not required to provide any Feedback to us. To the extent you do provide any Feedback to us, you agree to assign and hereby do assign to Personal Fav all right, title and interest in and to such Feedback and agree that Personal Fav may freely utilize such Feedback without compensation to you. These Terms do not constitute a sale and does not convey to you any rights of ownership in or related to the Site or products promoted on the Site, or any intellectual property rights owned by Personal Fav. Our name, logo, and the products/services names associated with the Site are trademarks of Personal Fav or third-parties, and no right or license is granted to use them.
If you believe that any content posted or published on the Site violates your copyright, please notify us at hello@personalfav.com. This notice should identify the specific content and provide us with evidence of your ownership of the copyright or authorization to enforce the rights of the copyright owner. We will review alleged violations but may not send you a response each time notifying you of the results of our review. Any information you provide to us may be shared with other users, third parties, or law enforcement to help assess the claim of infringement or remove infringing content. We will remove any content we determine to be infringing consistent with our obligations under the Digital Millennium Copyright Act (DMCA).
Our Site may link to third parties’ websites, including advertising or other content posted by us or third parties (“Linked Sites”). We do not review or control, nor are we responsible for, any such Linked Sites or its content, products, services or other materials. Including these Linked Sites on our Site is not an endorsement by Personal Fav of the Linked Site. You should exercise all due caution and care when interacting with any Linked Site and it is your sole responsibility to comply with the appropriate terms of service of the Linked Sites. In no event shall Personal Fav be liable, either directly or indirectly, to anyone for any loss or damage arising from the use of the Linked Sites or the information, materials, products or services accessed on or via a Linked Site.
You agree to not use the Site to:
- Email, reproduce, publish, distribute or otherwise transmit any User Content that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, or hateful;
- Harass or stalk another;
- Email, reproduce, publish, distribute or otherwise transmit any User Content that victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including Personal Fav;
- Email, reproduce, publish, distribute or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Email, reproduce, publish, distribute or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Knowingly or recklessly transmit invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Site, or tamper with, impair, damage, attack, exploit or penetrate Personal Fav’s system or network, or otherwise attempt to interfere with or compromise the system integrity or security of the Site or any connected networks, or take any action to impact the proper operation of the Site and any person’s or entity’s use or enjoyment thereof;
- Intentionally or unintentionally violate any applicable local, state, national or international law.
While Personal Fav will use commercially reasonable efforts to verify the accuracy of any information it places on the Site, Personal Fav does not warrant or represent that such information, products and/or services featured on the Site are reliable, accurate, complete, uninterrupted, secure or free of defects, viruses or bugs.
THE SITE AND THE MATERIALS AND PRODUCTS ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND AND YOUR USE IS ENTIRELY AT YOUR OWN RISK. PERSONAL FAV EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE AND MATERIALS AND PRODUCTS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
PERSONAL FAV DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY, THROUGH THE SITE OR ANY LINKED SITE AND PERSONAL FAV WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE.
You acknowledge and agree that any reliance on the information and other materials included on the Site shall be at your sole risk and responsibility. Personal Fav reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Site and to make changes to the services, materials, products, and features included therein at any time with or without notice.
SUBJECT TO THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PERSONAL FAV AND ANY OF OUR INDEPENDENT CONTRACTORS, SUPPLIERS AND CONSULTANTS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “THE PERSONAL FAV PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE PERFORMANCE OF ANY PERSONAL FAV PRODUCTS OR SERVICES, EVEN IF ANY OF THE PERSONAL FAV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE PERSONAL FAV PARTIES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED YOUR REASONABLE AND FORESEEABLE DAMAGES, NOT TO EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SITE OR PURCHASE OF PERSONAL FAV PRODUCTS OR U.S. $100 (WHICHEVER IS LESS); MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. PLEASE BE AWARE THAT EXCEPT WHERE MANDATED TO THE CONTRARY BY APPLICABLE LAW, THE LIMITATIONS ON LIABILITY SET OUT IN THIS CLAUSE WILL APPLY TO YOU IN FULL. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, OR WITH ANY OF THESE TERMS, YOU SHOULD STOP USING THE SITE. THE PERSONAL FAV PARTIES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR ANY CONTENT FEATURED THEREON.
You will defend, indemnify, and hold harmless The Personal Fav Parties from and against any third party claims, damages of any kind, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any of the following: (i) your improper use of the Site, the User Content or other Site content, (ii) any content provided by you and posted on the Site, (iii) your violation of these Terms, (iv) your interactions, whether online or offline, with any Users, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or (v) your breach of any laws, regulations or third-party rights.
Without limiting anything set out above, you hereby release each of The Personal Fav Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms, the Privacy Policy and/or any use by you of the Site.
California residents, you expressly waive CA Civil Code §1542, which states: “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.”
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND PERSONAL FAV TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF. ARBITRATION PREVENTS YOU AND PERSONAL FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Subject to the exception in the following paragraph, you and Personal Fav agree to arbitrate any dispute, claim, or controversy arising from or related to these Terms, the applicability of these Terms as to use of the Site, purchase of any Personal Fav products from the Site, or the User or other Personal Fav Content (the “Arbitration Agreement”). If there is any disagreement as to whether this Arbitration Agreement applies to the dispute you agree that an arbitrator shall decide that issue.
You and Personal Fav each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction regarding any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You and Personal Fav agree that you will notify the other party of any dispute within 30 days of when such dispute arises and will negotiate in good faith to attempt to resolve the dispute before a demand for arbitration. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879. Any in-person hearing will be conducted in Los Angeles, CA.
The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will be binding upon the parties and will not be subject to appeal. Judgment on the arbitration award may be entered in any court with proper jurisdiction. 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 claimant’s individual claim.
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER THIS SECTION MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.You acknowledge and agree that you are waiving the right to participate as a plaintiff in any purported class action or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section will be deemed void. Except as provided in the preceding sentence, this Section will survive any termination of these Terms and will continue to apply even if you stop using the Site.
You can choose to reject this Arbitration Agreement by sending us written notice to hello@personalfav.com within 30 days after the date you accept these Terms for the first time. The written notice must state that you do not agree to this Arbitration Agreement and must contain your name, address, phone number, and email address. This procedure is the only way you can opt-out of this Arbitration Agreement and if you do so, all other Terms will continue to apply.
You agree that you will assert any claim arising out of your use of the Site or the purchase of any Personal Fav product from this Site within one (1) year after the claim arises, or such claim will be barred.
The state and federal courts located in Los Angeles County, California, U.S.A. will have exclusive jurisdiction over any suit in connection with the Site or these Terms that is not subject to arbitration, and you and Personal Fav hereby irrevocably and unconditionally grant permission and submit to the exclusive jurisdiction of such courts. These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 7, 9, 10, 11, 13 and 14, do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Personal Fav reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Section 12 with regard to the Arbitration Agreement and class action waiver.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Personal Fav may freely transfer or assign these terms without restriction and at our discretion. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Personal Fav’s failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Personal Fav with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
If you have questions regarding these Terms of Service, please consult an attorney.