Forum Rules and License Agreement
Forum Rules Overview:
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License Agreement and Terms of Use
1) Agreement
Favorsunlimited.com provides and delivers various software applications that display posts, news and other information (hereinafter referred to collectively as the service). All use of this service is conditioned by the acceptance without modification of the terms, conditions and notices contained in this agreement. By registering with in FavorsUnlimited.com, the customer acknowledges that they have read and understand the contents of this agreement and agree to be legally bound thereby.
Customer agrees not to disseminate the data provided by FavorsUnlimited.com for any external use, including providing FavorsUnlimited.com data to customer's clients, or to any third parties. Automated query systems are strictly prohibited. Any use of such systems will result in immediate termination of access.
2) Proprietary Rights
Customer acknowledges and agrees that a) customer rights to use said data and software is derived solely from these terms and conditions, b) such right is expressly limited pursuant to these terms and conditions. Customers shall at no time assert any claim of ownership over the software and data by reason of its use thereof and shall not grant or create or suffer to exist any lien or other security interest in it or any of its rights hereunder.
3) Limitation of Liability
The information provided by FavorsUnlimited.com services is believed to be reliable and FavorsUnlimited.com agrees to run reasonable control checks thereon to verify that the data transmitted by FavorsUnlimited.com and other information sources. However, FavorsUnlimited.com does not warrant or guarantee such accuracy and shall not be subject to liability for truth, accuracy, or completeness of the information conveyed to customer or of errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. This agreement does not violate any agency requirements and FavorsUnlimited.com has the right to enter into this agreement for its information providers.
FavorsUnlimited.com shall not be responsible for, nor in default under this agreement due to delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with customers receipt of the data or services including and FavorsUnlimited.com e-mail that maybe offered. Furthermore, FavorsUnlimited.com shall not be responsible for nor in default due to acts or causes beyond its control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
LIABILITY UNDER THIS AGREEMENT FROM ANY AND ALL CAUSES, INCLUDING BUT NOT LIMITED TO, PROGRAM MALFUNCTION OR OPERATIONAL NEGLIGENCE, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL CHARGES PAID BY CUSTOMER FOR THE SERVICES DURING THE MOST RECENT TWELVE (12) MONTHS. SUCH LIMITATION SHALL BE THE EXTENT OF FAVORSUNLIMITED.COMS LIABILITY REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST FAVORSUNLIMITED.COM, AND THE FOREGOING SHALL CONSTITUTE FAVORSUNLIMITED.COMS OR CUSTOMERS SOLE REMEDY. IN NO EVENT WILL EITHER PARTY BE RESPONSIBLE FOR LOST PROFITS OR SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH CUSTOMER OR FAVORSUNLIMITED.COM INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF FAVORSUNLIMITED.COM OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4) Exclusion of Warranties
It is expressly understood and agreed to by the parties hereto that EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING AND IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED.
5) Indemnification
The customer agrees to indemnify FavorsUnlimited.com from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims resulting from customer's use of the service, including any claims that if the allegations were true would constitute a breach of these terms and conditions.
6) Passwords
Customer is responsible for the confidentiality and us of its user ID, password and account number. Customer acknowledges that using the service on two or more computers simultaneously is in violation of this agreement. Customer agrees to notify FavorsUnlimited.com immediately of any loss, theft or unauthorized use of their id, password or account number.
7) Messaging Service Terms and or Free E-Mail Terms of Use
All limitations of liability as specified in #3 are applicable to the FavorsUnlimited.com use of e-mail and or messaging service. FavorsUnlimited.com does not and cannot monitor censor or edit the contents of the Users email messages. Users alone are responsible for the contents of their messages, and the consequences of any such messages. User agrees that it will not use FavorsUnlimited.com for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. User further agrees not to use FavorsUnlimited.com to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or illegal material of any kind of nature. FavorsUnlimted.com reserves the right to terminate any Users account if it becomes aware and determines, in its sole discretion, that such User is violating any of the foregoing guidelines. It is FavorsUnlimited.com will not assume any responsibility for the deletion or failure to store email messages whether inadvertent or through FavorsUnlimited.com negligence. MESSAGING SERVICE - FavorsUnlimited.com and / or third parties may from time to time send email messages to Users containing advertisements, promotions, etc. FavorsUnlimited.com does not and will not make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties. By executing an agreement with FavorsUnlimited.com the User acknowledges and accepts to these terms.
8) Applicable Law and Venue
This agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of California, except with regards to its rules regarding choice of law. Each party irrevocably consents to the jurisdiction of the courts of the State of California and the federal courts situated in the State of California in connection with any action to enforce the provisions of the Agreement, to recover damages or other relief for breach or default under the Agreement, or otherwise under or by reason of the Agreement. This Agreement shall not be enforceable under the United Nations Convention on Contract for the International Sale of Goods.
9) Customer Information
The name, address, and payment information that the customer provides as a part of the subscription to any FavorsUnlimted.com services provided on this website will not be disclosed by FavorsUnlimited.com except as permitted by these terms and conditions. Customer agrees that FavorsUnlimited.com may share with other parties non-personal aggregate information, individual information and locator information gathered by FavorsUnlimited.com in the course of customers use of FavorsUnlimited.com service.
FavorsUnlimited.com reserves the right to modify the terms and conditions of this License Agreement and to terminate customers access to and use FavorsUnlimited.com delivered data and services at any time and without prior notice.
10) Execution of These Term and Conditions
I hereby understand that by registering on FavorsUnlimited.com, I am executing the above Agreement with FavorsUnlimited.com to use their services. I acknowledge that by registering I accept all the terms and conditions of this agreement and agree to be legally bound thereby.
