Last modified July 16, 2016
Welcome to myFave (a.k.a. “we” or “us” or the “Company“). We are excited to have you as a member of the platform. Fave is a community based loyalty reward service and at Fave we believe that communities revolve around small businesses. This means that we work on two fronts to deliver our service. We work with (1) the small businesses (a.k.a. “Merchant Partners“) and (2) the customers who frequent these small businesses (a.k.a. “Members“). We bring our Members and our Merchant Partners together via our website getmyfave.ca including successor domain names (the “Site“) and our mobile application (the “App“), collectively referred to as the myFave Platform (the “Platform“).
Wherever used in these Terms of Service, “you“, “your“, “Member” or similar terms means the person or legal entity accessing or using the Services.
Hi! I’m an annotation. I’m here to explain you the hard parts of this document, but I’m not technically part of the Terms so don’t skip the rest.
These terms and conditions (collectively, these “Terms of Service“ or “Agreement“ or “Terms“) govern your access to and use of products and services offered by 2Simple(“myFave“) accessible via our Platform, and any and all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (as defined below).
Note that these Terms are applicable to you only if you are a Member of our Platform (as defined below). If you are or if you represent a business owner seeking our services you should read the Merchant Partner Terms found here.
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using the Platform, because by using the Platform you accept and agree to be bound and abide by these Terms.
This is a very standard provision for a Platform like myFave: since you do not need to register to access most of our services, we have to disclaim some things in advance. This agreement is linked in the footer of the Site and in the settings menu of the App, according to the industry standard, to be easily found.
myFave reserves the right, at any time, to update and change any or all of these Terms of Service, in its sole discretion, including but not limited to the fees and charges associated with the use of the Services. If myFave does so, it will post the modified Terms of Service on the Site, though we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service, which are currently available at: getmyfave.ca/tos-mobile-users
“Customer Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to myFave by or on your behalf in relation to the use of the Services.
“Member” means you, the clientele of our Merchant Partners.
“Mentions” means the information, including links, posts, and excerpts, that may be published about you on the Platform by you, an Authorized User, another Merchant Partner, or a Member including customer reviews and feedback.
“Merchant Partner” means any one individual or business that is authorized to use the Platform for promotion of their business, bettering their community and benefiting their clientele.
“Platform” means the myFave products and services including the Site, the App, and other products and services made available to you and to Authorized Users.
“Services” means myFave Freemium, myFave Premium, and other products and services made available via myFave’s proprietary software delivered through the Site and mobile applications that provide for a single log-in, centralized dashboard that enables you to manage and publish content using the Platform, including any modifications or Updates (as defined below).
2.1 Services and Support. myFave is provided at no charge to our Members and in order to receive services and support you must sign-up as a user and be signed in when using the App. If you choose not to sign-up you risk losing your app data. Our Service provides a personalized reward experience for consumers, including loyalty rewards and offers, discounts, experiences, targeted promotions and general information (collectively, “Opportunities“) via email, mobile device notifications and other channels. We will try to deliver you the most relevant Opportunities to you.To use the Service, you must make eligible purchases (as defined by the merchant and described in the “Important Notes About Your Transactions” section 2.11 below) from Merchant Partners to earn progress and rewards (collectively, “Qualifying Purchases“). Making Qualifying Purchases will help you progress towards earning rewards from our Merchant Partners (“Reward Progress“) and reaching a merchant-specific threshold (a “Reward Threshold“). When you reach a Reward Threshold, you will have access to rewards offered by the applicable Merchant which can be redeemed on your next visit by showing the reward to the Merchant, as applicable (collectively, “Rewards“).
Signing up and creating a myFave account ensures that your app data (e.g. stamps collected at your myFave merchant and stored on your device) will be synced across all of your devices and saved in case your current device is lost or damaged.
2.2 Updates and Functionalities. myFave is a work in progress, meaning that a lot will change in the near future. You acknowledge that from time to time myFave may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, myFave shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Services (collectively, the “Updates“). Your continued use of the Platform following the publishing of updated Terms of Service means that you accept and agree to the changes.
2.3 Acceptable Use. You shall (i) be responsible for your compliance with these Terms of Service, including the Fair Use Policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of Customer Content and of the means by which you acquired or generated Customer Content; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, including keeping your password and username confidential and not permitting any third party to access or use your user name, password, or account for the Services; (iv) be solely responsible and liable for all activity conducted through your account in connection with the Services; (v) promptly notify myFave if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any Authorized User’s) user name, password, or account; (vi) use the Services only in accordance with applicable laws and government regulations; (vii) comply in all respects with all applicable terms of the Third-Party Services that you subscribe to or otherwise access in connection with your use of the Services. You must not (a) use the Services to store or transmit any content, including Customer Content, that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law; (b) upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (c) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (d) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services; (e) attempt to gain unauthorized access to the Services or its related systems or networks; (f) authorize, permit, or encourage any third party to do any of the above; or (g) send Spam!
2.4 Mentions. You understand that by using the Services you may be exposed to third-party content, information, and Mentions that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. myFave does not own, control, or review Mentions, and unless Customer creates the content of Mentions, Mentions shall not be considered “Customer Content” under any circumstances. Mentions may be indecent, offensive, inaccurate, unlawful, or otherwise objectionable. Fave has no obligation to preview, verify, flag, modify, filter, or remove any Mentions, even if requested to do so, although myFave may do so in its sole discretion. Your use of Mentions is at your sole risk, and myFave shall not be liable to you or any third party in relation to Mentions.
2.5 Fair Use Policy. myFave may suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other customers of myFave.
2.6 Third-Party Products and Services. You acknowledge that the Services may enable or assist you to access, interact with, and/or purchase services from other third parties via third-party websites or applications (collectively, the “Third-Party Services“). When you access the Third-Party Services, you will do so at your own risk. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services (and you shall comply with all such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not myFave. myFave makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by you with any such third party.
2.7 Non-Exclusivity. You acknowledge that the rights granted to you under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict myFave’s right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.
2.9 Eligibility. In order to use myFave, you must:
By using myFave, you represent and warrant that you meet all the requirements listed above, and that you will not use myFave in a way that violates any laws or regulations. myFave may refuse service, close accounts of any users, and change eligibility requirements at any time.
“Representing and warranting” is like making a legally enforceable promise.
2.10 Creating an Account. In order to access certain features of the Platform, you will have to create an account. You may create an account using Facebook, Google, or other third party social networking services (“SNS“) which can make sign-up faster and grant you access to additional features. If you use such an account, we will access and retrieve certain personal information about you (such as your “real” name, email address and other information you have made publicly available) and use that information to create your account. The specific information that we retrieve will be dependent on your privacy settings. By linking and using your SNS account, you authorize us to access and collect your information for these purposes. You can only link your own SNS account. You may only create one account and it is non-transferable. You are responsible for safeguarding your account and are responsible for activities that occur under your account. Notify us immediately if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.
2.11 Important Notes About Your Transactions. By using the Platform you agree that the Merchant Partner, may examine transactions to identify Qualifying Purchases and that myFave will use that data toward determining your Rewards Progress and when you have reached a Rewards Threshold, providing you with Rewards and notifying you about the status of your Qualifying Purchases, Rewards Progress, Rewards Thresholds and Rewards. Not all merchant locations or transactions may offer or meet the criteria to be counted as a Qualifying Purchase. myFave may offer additional Opportunities to you, based on your account settings and account history. At any point in time you can opt-out of receiving additional Opportunities and/or specific Merchant offerings via the Service through your account settings within the App or on the Site. Reward Progress is not redeemable for cash or any other item of value. Your Reward Progress may be forfeited if a Merchant Partner has restrictions associated with Reward Progress (e.g. if a Qualifying Purchase(s) must occur within in certain time-frame). You are responsible for ensuring your Reward Progress from a Qualifying Transactions is properly added to your account. It may take up to 7 days after a Qualifying Transaction is made for your Reward Progress to be viewable via your account. You should contact us if it has been more than 7 days and the Reward Progress has not been applied to your account. We must receive your request within 21 days of a Qualifying Transaction in order to credit the account. We will not be responsible for investigating any Reward Progress that has not been credited to your account 21 days after the Qualifying Purchase. Your Reward Progress can also be reversed by a Merchant or myFave if any of the items you purchased in connection with a Qualifying Transaction are subsequently returned. We may also, at our discretion, delay any Reward Progress in order to validate or verify a Qualifying Transaction. Any attempt to earn Reward Progress through the return of merchandise in connection with a Qualifying Transaction will be considered possible grounds for termination of your account. You acknowledge that:
Your only remedy for a failure of a Reward or Opportunity is to redeem that Reward or Opportunity at a later time and/or to contact the applicable Merchant Partner, but you may also contact us with any questions or concerns related to the Merchant Partner. If you have a dispute over any goods that you purchased from a Merchant Partner in connection with the Services, you must contact the applicable Merchant Partner. We are not responsible for (and will have no liability regarding) any such goods. Notwithstanding the foregoing, you may also contact us at any time, and we may, in our sole discretion, work with the applicable Merchant Partner to help resolve your dispute. You acknowledge and agree that we and our service providers are not a party to any disputes between you and Merchant Partners and that we have no obligation to resolve any such disputes. In addition, if you have a dispute with a Merchant Partner about an Opportunity, a Qualifying Purchase, your Reward Progress, a Reward Threshold or any other problem related to a Reward, your dispute is with the Merchant Partner and not us or our service providers. You hereby release myFave, our affiliates, and our officers, directors, employees, agents, successors, assigns, and service providers (including payment card networks) from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes. In short, this means that you release myFave and other entities providing services to myFave from any and all claims you may have arising out of disputes with Merchant Partners.
2.12 Access via Our Mobile App. The following terms apply to your use of our App that is accessed through or downloaded from any app store or app distribution platform (like the Apple App Store or Google Play, who are referred to below as an “App Provider“).
2.13 Unauthorized Activities. Our Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services: (1) access or tamper with the App, or try to access non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (2) gather and use information, such as user names, real names, email addresses or transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (3) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (4) violate any applicable law or regulation; (5) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without the our permission; or (6) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Additionally, the following activities are prohibited and constitute a violation of these Terms:
3.1 myFave Services. As between you and myFave, myFave retains all right, title, and interest in and to the Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of myFave's rights or interests therein or any other myFave intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by myFave. We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Platform that you may choose in your sole discretion to provide us from time to time ("Feedback"). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for myFave notwithstanding anything else. You shall, and hereby do, grant to myFave a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
3.2 Customer Content. You grant myFave a limited, worldwide, non-exclusive, non-transferable (except as set forth in Section 9.1) license, without a right of sublicense, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Content for the purpose of supporting your use of the Services and providing Services to you. myFave may also use Customer Content for the purpose of supporting and developing the Platform, provided that when doing so, myFave shall only use Customer Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, you and your Authorized Users shall retain all right, title and interest in and to the Customer Content and all intellectual property rights therein. Nothing in this Agreement will confer on myFave any right of ownership or interest in the Customer Content or the intellectual property rights there mentioned.
3.4 Right to Review. We do not guarantee that any Customer Content will be made available on the Platform. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Customer Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Customer Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Customer Content from the Platform.
myFave Platform is provided free of charge to all Members, not to be confused with Merchant Partners.
If you are or are thinking of becoming a Merchant Partner you should read the Merchant Partner Terms found here.
5.1 myFave Freemium and Premium Services. These are only available to our Merchant Partners. For Terms and Conditions applicable to our myFave Freemium and Premium Services see our Terms and Conditions for Our Merchant Partners, found here.
5.2 Closing Your Account, Termination. You or myFave may terminate this Agreement at any time and for any reason by giving Notice to the other party. If you violate the letter or spirit of these Terms of Service (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms), abuse the Services, we believe it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful), or otherwise create risk or possible legal exposure to myFave, myFave can terminate or suspend your myFave Account at our sole discretion. myFave will notify you by email or at the next time you attempt to access your account. If your account is terminated, you may not later re-enroll in the Service. You may also cancel or disable your myFave Freemium account at any time through the Services or by submitting a written request to us at OUR EMAIL(firstname.lastname@example.org). If you cancel your account, you will lose all of your accumulated Rewards and Reward Progress. Once terminated, we may permanently delete your account and all the data associated with it. If you do not log in to your account for 12 or more months or if there is no Platform activity for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it. Once your account is cancelled (whether by you or us), you will no longer be able to access your account. We will not be liable to you or to any third party for the suspension or termination of your account or your access or use of the Services. Once your account is terminated, you understand and acknowledge that we will have no further obligation to provide the Service to you or access to any of your account information.Â
5.3 Effects of Termination. Upon termination of this Agreement for any reason, (i) you will immediately cease all use of the Services and (ii) you will have no further access to your accounts provided by myFave.
5.4 Survival. Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.
5.5 Attorney Fees. If we file an action against you claiming you breached these Terms of Service and we prevail, we are entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
5.8 Subpoena Fees. If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, FAVE EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FAVE SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, FAVE DOES NOT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FAVE OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED ON AN âAS ISâ AND âAS AVAILABLEâ BASIS. THAT MEANS WE DO NOT PROVIDE WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITENSS FOR A PARTICULAR PURPOSE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. FAVE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT AND MENTIONS, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. FAVE DOES NOT CONTROL OR VET CUSTOMER CONTENT OR MENTIONS AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. FAVE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICESASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES. FAVE EXPRESSLY DENIES ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IF YOU ARE DISSATISFIED OR HARMED BY FAVE OR ANYTHING RELATED TO FAVE, YOU MAY CANCEL YOUR FAVE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 5.2 (TERMINATION), AS APPLICABLE, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY (AND FAVEâS SOLE AND EXCLUSIVE LIABILITY).
7.1 Your Indemnification. You shall defend, indemnify, and hold harmless myFave, its affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature which are in connection with or arising out of a claim (a) alleging that the Customer Content or your use of the Services infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates applicable law; (b) relating to, or arising from, Customer Content, or your breach of Section 2.3 or Section 2.6; or (c) relating to, or arising from, Third-Party Services.
Indemnity is an agreement to compensate someone for a loss.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA, FAILURE OF DELIVERY OF GOODS, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE (OR OUR APP) AND IN NO EVENT WILL IT EXCEED $50.
9.1 Assignment. You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by merger, sale of assets, change of control, operation of law or otherwise, without the prior written consent of myFave (not to be unreasonably withheld), and any attempted assignment or transfer without such consent will be void. myFave may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you. myFave may also substitute, by way of unilateral novation, effective upon notice to you, Hootsuite Media Inc.for any third party that assumes our rights and obligations under this Agreement.
9.2 Amendment. myFave reserves the right to modify, supplement, or replace the terms of this Agreement, effective upon posting on the myFave website or notifying you otherwise. Your continued use of the Services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Except for changes made by myFave as described here, no other amendment or modification of this Agreement shall be effective unless set forth in a written agreement bearing a written signature by myFave and you.
9.3 Severability. Each provision of this Agreement is severable. If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of this Agreement or of that provision in any other jurisdiction.
9.4 Notices. For purposes of service messages and notices about the Services, myFave may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from myFave to an email address associated with your account, even if myFave has other contact information. You also agree that myFave may communicate with you through your myFave account or through other means including email, mobile number, telephone, or delivery services including the postal service about your myFave account or services associated with myFave. You acknowledge and agree that myFave shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You may provide legal notice to myFave via email with a duplicate copy sent via registered mail to myFave (a 2Simple project), 527 15 Ave SW, Calgary, AB, T2R 1R5; Attention: General Counsel. The email address provided may be updated as part of any update to these Terms of Service.
9.5 Waivers. No waiver of any provision of this Agreement is binding unless it is in writing and signed by all parties to this Agreement, except that any provision which does not give rights or benefits to particular parties may be waived in writing, signed only by those parties who have rights under, or hold the benefit of, the provision being waived if those parties promptly send a copy of the executed waiver to all other parties. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.
9.6 Nature of Relationship. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
9.7 Force Majeure. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs, or labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
9.8 Governing Law. This Agreement and your relationship with myFave shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the province of Alberta, Canada and shall be considered to have been made and accepted in Alberta, Canada, without regard to its conflict of law provisions. All disputes under this Agreement will be resolved by the courts of Alberta in Calgary.
We welcome any comment, question and communication at email@example.com
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