Terms & Conditions
Last updated: February 12, 2016
Welcome to Favotek.com. Favotek Limited and/or its affiliates ("Favotek") provide website features and services to you, when you visit Favotek.com, subject to the following conditions. By using Favotek.com, you agree to these conditions. Please read them carefully.
Electronic Communications
When you use any Favotek Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other services, such as our Message Center. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included in or made available through any Favotek Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Favotek or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any Favotek Service is the exclusive property of Favotek and protected by international copyright laws.
Trademarks
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Favotek Service are trademarks or trade dress of Favotek. Favotek's trademarks and trade dress may not be used in connection with any product or service that is not Favotek's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Favotek. All other trademarks not owned by Favotek that appear in any Favotek Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Favotek.
Third-Party Content and Linked Sites
When using our Services, you may be exposed to User Submissions submitted, posted or displayed by users from a variety of sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights relating to such user posted content. You agree to waive any legal or equitable rights or remedies you have or may have against us with respect thereto to the fullest extent permitted by law.
We may provide links to other independent third party websites (“Linked Sites”) as a convenience to you. If you use these links, you do so at your own risk. We have no control over, and assume no responsibility for, the content, services, privacy policies, terms of use, or practices of any third party websites. Inclusion of such content and links does not imply our sponsorship or endorsement of the same (including the information or materials appearing or any of products and services described on Linked Sites), our affiliation or association with any such content and links, or that any Linked Site is authorized to use any trademark, trade name, logo, or copyright of Favotek, its subsidiaries or affiliates. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Your correspondence and business dealings with third parties found through our Services are solely between you and the third party.
Disclaimer
Our Services, including, without limitation, the sites, Materials, User Submissions, any products or services available on our Services and all the information, software, facilities, services, related communications, and other content therein are provided on an "as is," "as available," and "with all faults" basis. To the fullest extent permissible under applicable law, we disclaim all representations or warranties, express or implied, of any kind, including, but not limited to: warranties of merchantability; non-infringement; fitness for particular purpose; warranties arising from course of dealing or course of performance; the accuracy, reliability, usefulness, or completeness of any information contained in our Services; that access to our Services will be uninterrupted or error-free; and that our Services will be secure. We assume no responsibility and shall not be liable for any damages of any nature caused by the use of our Services, including damages caused by viruses, worms, Trojanhorses or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to or use of our Services.
We disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any materials, content, User Submissions, or products or services advertised or offered by a third party through our services or featured in any banner or other advertising.
Limitation of Liability
You agree that you assume full responsibility for your use of our Services. Under no circumstances will we, our suppliers or other third parties mentioned or involved in creating, producing, or delivering our Services be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of our Services, or any materials contained in any or all such Services (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to Linked Sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party, including User Submissions and Linked Sites. The maximum total liability of Favotek and its subsidiaries, affiliates and our officers, directors, shareholders, predecessors, successors in interest, employees, and agents, to you for any claim under these Terms, whether in contract, tort, or otherwise, is $100. If you are dissatisfied with any of the Materials contained in our Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using our Services.
By accessing our Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand.
Indemnity
You agree to indemnify, defend and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims and expenses (including attorneys' fees) made against Favotek by any third party due to arising out of or in connection with: (i) your User Submission or your use of and access to our Services; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders; (v) any claim that your User Submission caused damage to a third party; or (vi) any misrepresentation made by you.. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification and defense by you, and you will not in any event settle any claim without our prior written consent. You will cooperate as fully required by us in the defense of any claim. This defense and indemnification obligation will survive these Terms and your use of our Services.
