You accept these Terms and Conditions by using the Favors Factory website in an way.
While we cannot prevent children under 18 from viewing the Site, children under the age of 18 may not purchase merchandise through the Site except with the assistance of a parent or guardian. We do strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.
Favors Factory and its suppliers retain all right, title and interest in and to all content (and all compilations thereof), including without limitation, any text,photographs, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, databases or software, that appears on the Site (the “Content”). The Content is protected by U.S. and international copyright law. No right, title or interest to any of the Content is transferred to you by your use of the Site. You may access and view the Content solely for personal, noncommercial purposes. You may copy limited portions of the Content solely by page caching or printing and solely for personal, non-commercial use, provided that (i) you do not make such Content available to any third party and (ii) you do not remove any proprietary notice from such Content, or alter the Content in any way. You may not: modify, delete, add to, or create derivative works of the Content. You may not publish, distribute, transmit, broadcast or frame the Content in any manner; copy or post the Content for public display; collect, re-purpose or reuse any data or product listings contained in the Content; sell or attempt to sell the Content; exploit the Content for your own purposes; or make derivative use of the Site or its Content. In addition, you agree not to rely on any Content created or posted by us.
Content distribution is allowed for the media, eg. news stories or articles.
We are also a publisher of content supplied by third parties and incorporated within the Content. We have no control over such third-party content, do not endorse it, and are not responsible for its completeness, accuracy or reliability. Any information, advice, opinions, or statements contained within such third-party content are attributable to the author of such content and not to Favors Factory. While we have no obligation to monitor third-party content, we expressly reserve the right to edit or remove any third-party content we deem to be inappropriate.
Amendments and Corrections to Content
We do not guarantee the accuracy, completeness or reliability of information appearing on the Site. The Site may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct or update errors or omissions and to change information at our discretion without prior notice. We also reserve the right to cancel an order for a product in the event of an error or omission in the description of such product, including incorrect pricing information, whether due to a typographical error, an error in information received from our suppliers, or otherwise. By using the Site, you agree to hold us harmless from any claims relating to errors or omission on our Site.
We accept orders from anywhere in the continental United States, Hawaii and Alaska, and Canada. We also accept orders from international locations, including Guam, the U.S. Virgin Islands and Puerto Rico. The risk of loss and title for all items ordered on Favors Factory passes to you when Favors Factory or its agent delivers the merchandise to the shipping carrier. Refused shipments are not refunded if the merchandise has been personalized or engraved. You agree that you are not entitled to a refund if you refuse delivery from any courier for personalized, engraved, used or damaged products since we are unable to resell the item(s). Our shipping and handling policies are set forth in greater detail here. The amount of tax charged to an order will be calculated based on the shipment destination’s state and local sales-tax laws. Because we begin processing your order immediately after you place it, we cannot change or cancel an order two (2) hours after you submit it. Personalized and engraved products cannot be returned since they are modified with your own requested personalized or engraving information.
You agree that all billing and shipping information you provide on the Site will be accurate and complete. Your provision of inaccurate or incomplete information constitutes a material breach of this TOU.
You agree to indemnify and hold us and our subsidiaries, affiliates, partners, telecommunications providers, service providers, officers, employees and agents harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Site or any related services, any Contributed Content, your violation of the TOU, or your violation of any third-party rights, including without limitation, the infringement by you of any intellectual property rights, privacy rights, or other rights of any person or entity.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED WITH US BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE RESULTS OF SUCH SERVICES, OR ANY INFORMATION CONTAINED ON THE SITE OR IN SUCH SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ANY OF OUR SUPPLIERS, SERVICE PROVIDERS, OR THIRD-PARTY AFFILIATES, ARISING FROM OR RELATING TO THIS TOU (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE-HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. EXCEPT FOR THE EXPRESS WARRANTIES EXPLICITLY PROVIDED HEREIN, NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SITE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, WE AND OUR PARTNERS, PROVIDERS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES WARRANT THAT USE OF THE SITE OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR OUR PARTNERS, PROVIDERS OR AFFILIATES WARRANT THAT THE SITE OR ANY RELATED SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED. FURTHERMORE, NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Violation of TOU
At any time, if we determine that you have abused or violated any of these terms, conditions or guidelines, or any applicable law, we reserve the right to terminate or suspend your access to the Site and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Users who violate this TOU may additionally incur criminal and/or civil liability.
Please note that we may change this TOU at any time by posting the modified TOU on the Site, or by otherwise notifying you of such change. Use of the Site after such changes are posted constitutes acceptance of all changes.