Terms of Use

PROJECT FAVA TERMS OF USE

Last Revised: May 5, 2019

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE:

Welcome to the Project FAVA website (“Website”) operated by the Project FAVA organization (“Project FAVA,” “we,” “us,” or “our”) and located at www.projectfava.org.  The following terms and conditions (“Terms”) govern your use of our Website.  By accessing, viewing, or using the content, material, or services available on or through our Website, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them.

If you do not agree to these Terms, or if you are under 13 years of age, you are not granted permission to use this Website and must exit immediately.

1.  Changes

We may, at any time, for any reason and without notice, make changes to these Terms of Use.  Any modifications will take effect when posted to the Website.  Therefore, each time you access the Website, you should note the date the Terms of Use were last revised.  If you do not or cannot agree to the amended terms, your only option is to cease all use and access of the Website.

 

2.  Intellectual Property

All Website Content is owned by Project FAVA and various third parties.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Website Content without the written permission of Project FAVA or such other party that may own the Website Content.  All trademarks on the Website, including the Project FAVA logos, are owned exclusively by Project FAVA and various third parties.  No license or grant of any rights, express or implied, are granted in or to the Project FAVA trademarks.

 

3.  License to Use

Project FAVA grants you a personal, non-exclusive, non-transferable license (your “License”) subject to these Terms to access and use the Website Content (as defined below) for your personal, informational, non-commercial use.  “Website Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages or other material that are displayed, used, or otherwise incorporated into the Website. 

Your License does not grant you permission to:

 

  1. remove any trademarks, copyright notices, or any other notice contained in any Website Content;

  2. reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works based upon, publicly display or perform, or in any way exploit any Website Content;

  3. frame or utilize framing techniques to enclose any Website Content;

  4. disassemble, decompile or reverse engineer any of the Website Content;

  5. attempt to hack any portion of the Website, or to defeat or overcome any encryption technology or security measures implemented byProject FAVA;

  6. interfere with or disrupt the operation of the Website or the servers or networks connected to, or operated in connection with, the Website; 

  7. violate any applicable local, state, national or international law;

  8. access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval; or

  9. request more than 1,000 pages of the Website in any twenty-four hour period, whether alone or acting in concert with a group of individuals.

 

Without limiting anything else in these Terms or otherwise, Project FAVA is not responsible for any errors or omissions in Website Content.  The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.  Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.  We make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the content of our Website, and expressly disclaim liability for errors and omissions in the content of our Website. No warranty of any kind, implied, expressed, or statutory, is given with respect to the contents of our Website or its links to other Internet sources.  

 

4.  Privacy Policy

Any personal information that you provide to Project FAVA on our Website is subject to our Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein.  Please be advised that the confidentiality of any communication or material transmitted to Project FAVA via our Website or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name.

 

5.  Submission of Information

Any information or material sent to us will be deemed NOT to be confidential.  

 

In order to access certain content, services, or benefits on our Website, you may be asked to join or create an account.  You may also be required to provide Project FAVA with certain information about yourself, including some types of personally identifying information such as your email and your address.  You are fully responsible for your account, including use of the account by any third party.  You may terminate your account at any time by contacting us by email at hello@projectfava.org.

Certain features of our Website may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to our Website (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by our Website and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party.  Upon your submission of User Content or other material or information to Project FAVA, you grant Project FAVA a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever.  

 

6.  Donations

We are solely responsible for the spending of donations.  Once paid by you, all donations become our property.  You will not hold us liable for donations spent contrary to your wishes.  We reserve the right, at our sole discretion, to refuse or cancel any donation for any reason.  We may also require additional verifications or information before accepting any donation. We will contact you if all or any portion of your donation is cancelled or if additional information is required to accept your donation.  All payment information provided must be truthful and accurate.  Providing any untruthful or inaccurate payment information may constitute a breach of this Agreement.  By confirming your donation at the end of the checkout process, you agree to pay as described.  You shall pay on demand all of our reasonable attorneys’ fees and other costs incurred by us to collect any fees or charges due us under this Agreement.

 

7. Links

For your convenience, we may provide links to various other websites that may be of interest to you. However, we donot control or endorse such websites and are not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites.  

8.  No Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  ANY MATERIAL, INFORMATION OR WEBSITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH MATERIAL.

 

9.  Governing Law, Forum

These Terms shall be governed in all respects by the laws of the State of California, without reference to its choice of law rules.  Any lawsuit concerning these Terms or the Website shall be brought only in the courts located in Orange County, California. and you expressly consent to the personal jurisdiction and venue of such courts and waive all objections thereto, and you waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.  

 

10.  Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE OUR WEBSITE, WEBSITE CONTENT, USER CONTENT, OR ANY OTHER CONTENT ON, IN AND MADE AVAILABLE THROUGH OUR WEBSITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH.  SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

11.  Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR PAST, PRESENT, AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, MARKETING PARTNERS, AND SUPPLIERS, TOGETHER WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (“PROJECT FAVA INDEMNITEES”), HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR USE OF OUR WEBSITE, THE WEBSITE CONTENT, OR ANY SERVICES, PRODUCT OR DATA OBTAINED THROUGH OUR WEBSITE, YOUR FRAUD, VIOLATION OF LAW, NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER USE OF OUR WEBSITE, THE USER CONTENT, THE WEBSITE CONTENT, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR WEBSITE, EXCEPT TO THE EXTENT ATTRIBUTABLE TO PROJECT FAVA, OR ANY BREACH BY YOU OF THESE TERMS AND SHALL INDEMNIFY AND HOLD PROJECT FAVA INDEMNITEES HARMLESS FROM AND AGAINST ALL JUDGMENTS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND ATTORNEYS’ DISBURSEMENTS) ARISING OUT OF OR INCURRED IN CONNECTION WITH SUCH CLAIMS. YOU MAY NOT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF PROJECT FAVA.  PROJECT FAVA OR ITS LICENSORS MAY ASSUME THE DEFENSE OF ANY CLAIM, AT YOUR SOLE COST AND EXPENSE, AND YOU SHALL COOPERATE IN ALL REASONABLE RESPECTS IN SUCH DEFENSE.  YOU SHALL HAVE THE RIGHT TO EMPLOY SEPARATE COUNSEL IN ANY CLAIM AND TO PARTICIPATE IN THE DEFENSE THEREOF.  IF PROJECT FAVA OR ITS LICENSORS DO NOT NOTIFY YOU THAT IT ELECTS TO UNDERTAKE THE DEFENSE THEREOF, YOU SHALL HAVE THE RIGHT TO DEFEND THE CLAIM WITH COUNSEL REASONABLY ACCEPTABLE TO PROJECT FAVA, SUBJECT TO THE RIGHT OF PROJECT FAVA TO ASSUME, AT THEIR SOLE COST AND EXPENSE, THE DEFENSE OF ANY CLAIM AT ANY TIME PRIOR TO THE SETTLEMENT OR FINAL DETERMINATION THEREOF.

 

12.  Assignability; Severability

We may assign these Terms and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of Project FAVA or the sale of substantially all of our assets related to the Website, to the surviving or successor entity.  You may not assign these Terms or the rights and obligations hereunder without our prior written consent.  If any provision of these Terms shall be determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect.

 

13.  Termination

We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice.  Any change to these Terms shall be effective as to any visitor who has visited our Website before the change was made.  It is the obligation of users visiting our Website before the change to learn of changes to the Terms since their last visit.  Project FAVA may suspend or terminate your account and/or your ability to use our Website, or any services on our Website, for failure to comply with these Terms, for providing Project FAVA with untrue or inaccurate information about yourself, for infringement upon Project FAVA proprietary rights, or for any other reason whatsoever or for no reason.

 

Sections 3 and 8-13 shall survive any termination of these Terms of Use.

 

14.  Miscellaneous

 Our Website is controlled and operated from within the United States.  Without limiting anything else, Project FAVA makes no representation that our Website, Website Materials, User Content, services, products, information or other materials available on, in, or through our Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited.  Those who choose to access our Website from other locations do so on their own volition and are responsible for compliance with applicable laws.  The waiver or failure of Project FAVA to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms.  Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms.  No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof.  When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

 

 

For questions about these Terms and Conditions, please contact us at hello@projectfava.org. 

 

To contact us by mail:

Project FAVA

5319 University Drive, No. 144

Irvine, CA 92612-2965

 

© 2019 Project FAVA.  All rights reserved.                                                                                                                                         TERMS OF USE               PRIVACY POLICY

Project FAVA is a qualified 501(c)(3) tax-exempt organization.