Terms of Service
Last Updated: Oct 8, 2025
Please read these Terms of Service (the “Terms”) carefully because the govern the use of the website located at https://www.heyfamm.com/ (the “Site”) belonging to Hey Famm LLC, a California limited liability (together with its affiliates, “Famm,” “us,” “our,” and “we”) and Famm’s products, services, features, properties and any content, products, services or other items offered in connection therewith (collectively and together with the Site, the “Services”), unless a separate agreement or agreements (collectively, the “Agreement”) exist between you and Famm, in which case the Agreement will control thereafter against any documentation or other agreements or materials, including the Terms. If you do not agree to these Terms, then you have no right to access or use the Services. All information we collect on this Site is subject to our Privacy Policy, which is incorporated herein by reference. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. As used herein, the term “you” (including any variant) refers to each individual who enters into these Terms on such individual’s own behalf or any entity on behalf of which an individual enters into these Terms, in which case you represent and warrant that you have the authority to bind that entity to the Terms (and in that case, “you” will refer to the individual and that entity).
THE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FAMM. BY ACCESSING, BROWSING OR OTHERWISE USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY AND ABIDE BY THE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND AGREE TO THE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).
The Services are only offered and available to users who are eighteen (18) years of age or older. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE TERMS UNDER ANY CIRCUMSTANCES IF YOU ARE UNDER 18 YEARS OLD. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT ALLOWED TO USE THE SERVICES EVEN UNDER THE SUPERVISION OF YOUR PARENTS OR A LEGAL GUARDIAN WHO HAS AGREED TO BE BOUND BY THE TERMS. IF WE BECOME AWARE THAT A PERSON UNDER 18 HAS SUBMITTED PERSONAL INFORMATION, WE WILL TAKE IMMEDIATE STEPS TO DELETE THAT DATA FROM OUR RECORDS. IF YOU ARE A PARENT OR GUARDIAN AND BELIEVE THAT YOUR CHILD UNDER 18 MAY HAVE PROVIDED US WITH PERSONAL INFORMATION, PLEASE CONTACT US AT SUPPORT@HEYFAMM.COM, AND WE WILL WORK TO PROMPTLY REMOVE THE INFORMATION.
IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THE TERMS, DO NOT ACCESS AND/OR USE THE SERVICE.
THE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Famm may modify the Terms from time to time, in which case Famm will post a new version on the Site and update the “Last Updated” date above. Modifications to the Terms are effective when posted to the Site. Your continued use of the Services following the posting of any changes constitutes your acceptance of such changes, and if you do not agree with these changes, you must immediately stop using the Services. Because the Services are evolving over time, Famm may change or discontinue all or any aspect of the Services, at any time and without notice, at Famm's sole discretion.
ACCESS TO THE SERVICE
1.1 Accounts and License
(a) Subject to these Terms, Famm grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Services solely for your personal use. You may download and print copies of User Content (as defined below) from Services you are authorized to access, but only for personal, non-commercial use, and you may not remove, modify, or obscure any copyright, trademark, or proprietary notices. This license does not permit data mining, robots, or similar data extraction methods. We may revoke this license at any time, with or without notice.
(b) To gain access to the Services, you may be required to create a personal user account (a “User Account’). To create a User Account, you must provide a username and password. Your User Account will also request that you provide certain information including, but not limited to, your first and last name, email address, pronouns, professional industry, and business name (your “Personal Information”). Certain Personal Information will be kept private and not shown on public view within the App. Once you have created your User Account, Famm grants you full access to: post, like, comment, message, search for other user accounts, search for other businesses, accept or deny inbound requests, access referral codes, personalize your business description, link your business website, save business profiles, share other user accounts and business profiles, toggle notifications, and post to and engage in a feed via likes, shares, comments and more.
1.2 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise use the Services - or any content displayed on the Services - for commercial purposes, in whole or in part.; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you will not use or access the Services to develop similar or competitive content, products or services; (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, (e) you will not use or access the Services in any way that violates any applicable laws, and (f) you may not link to our Site homepage unless you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Unless otherwise indicated, any future Service (including any aspect thereof) will be subject to the Terms. All copyright and other proprietary notices embedded within or displayed on the Services must be retained.
1.3 Modification. Famm reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You acknowledge and agree that Famm will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
1.4 No Support or Maintenance. You acknowledge and agree that Famm will have no obligation to provide you with any support or maintenance in connection with the Service.
1.5 Ownership. Excluding any User Content (as defined below), you acknowledge and agree that all the intellectual property rights, including without limitation rights in copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Famm or Famm’s licensors. Neither these Terms nor your access to or use of the Services transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Sections 1.1 and 1.2. Famm reserves all rights not granted in the Terms. There are no implied licenses granted under the Terms.
1.6 Purchases and Premium Services. Many features of the Services are free to use. However, premium features and subscriptions (“Premium Services”) may be made available for purchase, offering additional services. Famm reserves the right to change the fees, benefits, or availability of Premium Services at any time, or to suspend or terminate them immediately, with or without notice, and without liability. If you violate the Terms while using your account or any Premium Services you have purchased, we may cancel any or all of your premium features and subscriptions immediately, without refund for any payments made.
(a) To purchase Premium Services, you may be required to provide relevant information, including payment details (e.g., name, card card number, expiration date) and billing address (“Purchase Information”). You confirm that you have the legal right to use the Purchase Information provided. By submitting this information, you authorize us to share it with third parties to process your Purchase. Verification of Purchase Information may be required before completing any transaction.
(b) Any descriptions, features, content, specifications, and prices of Premium Services are subject to change without notice. The inclusion of any Premium Services does not guarantee their availability. It is your responsibility to comply with all applicable local, state, federal, and international laws regarding the receipt, possession, use, and sale of any Services, including Premium Services. By making a Purchase, you confirm that the Premium Services will be used solely for its intended purpose and in a lawful manner. We reserve the right, with or without prior notice, to limit the availability or discontinue any Premium Service, impose conditions on any discounts, promotional codes, or similar promotions, prohibit you from making or completing any Purchases and/or refuse to provide you with any Premium Service.
(c) When you purchase Premium Services that are paid for by you through recurring payments, you agree that you are authorizing recurring payments, and that such payments and thereby subscription will be made by the method and at the recurring intervals you have agreed to, until the subscription is terminated by you or by Famm. You may cancel a subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period.
(d) For any Purchases, Famm shall use the services of established third party vendors for all payments and payment information. Famm stores no payment information on its servers and is not liable for any breach of payment information or loss that occurs with the payment vendor.
(e) For any lifetime plans, you will be provided ongoing access to the Hey Famm platform and features available at the time of purchase. These plans does not guarantee inclusion of any future features, upgrades, or new product tiers that may be introduced. Access to such enhancements may incur additional fees. Users enrolled in subscription plans (monthly or annual) are not eligible to convert to, or be grandfathered into, the Lifetime Plan. Lifetime access is granted exclusively upon payment of the one-time fee. Hey Famm reserves the right to modify or expand its offerings in the future, and such developments may not be automatically included in the Lifetime Plan.
1.7 Beta Features. From time to time, Famm may offer access to certain new or experimental features, services, or functionality as part of a beta program (“Beta Features”). These Beta Features are made available solely for testing and evaluation purposes and may be modified, suspended, or discontinued at any time without prior notice and without liability to you. Beta Features are provided “as is” and “as available,” and may contain bugs, errors, or other issues. Famm makes no representations or warranties of any kind, express or implied, regarding the Beta Features, including any warranties of merchantability, fitness for a particular purpose, non-infringement, or availability. Participation in any Beta Features is voluntary, and by choosing to use them, you acknowledge and accept all risks associated with their use. Feedback (as defined below) you provide regarding Beta Features may be used by Famm without obligation or compensation to you.
USER CONTENT
User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Service, including without limitation, certain aspects of the Services such as profiles, business information, financial data, intellectual property, images, documents, and other materials. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy under Section 2.3. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Famm. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Famm is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. To manage storage limitations and costs, Famm reserves the right to close and delete user accounts (and such user accounts’ User Content) that have been inactive for six (6) months or more, provided that you receive at least 30 days’ notice with options to retain your account and content or download their data. Famm will strive to send a final notice at least 48 hours before account deletion. Further, Famm reserves the right to transfer ownership and administration of, or terminate, any user account or User Content that has been abandoned by its owner and administrators in that the owner and/or administrator has not logged into Famm for at least six (6) months. Once Famm transfers ownership and administration, it may further reassign or transfer control at its discretion.
License. By submitting your User Content, you grant Famm a worldwide, nonexclusive, royalty-free, fully paid, and irrevocable license to use it. This includes the rights to reproduce, distribute, publicly display and perform, create derivative works from it, incorporate it into other works, and otherwise use or exploit it—solely for the purpose of providing and operating the Service. You also represent and warrant that you have the right to grant this license, and you allow Famm to sublicense these rights as needed to fulfill this purpose. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. Famm is committed to creating a positive, helpful, inclusive, respectful, and supportive environment for all individuals, regardless of your gender identity, sexual orientation, race, ethnicity, religion, citizenship status, ancestry, national origin, ability, age, size, or any other characteristic, who identify with or support the LGBTQ+ community. Famm intends its Services to be a convenient, safe, and productive space for you and your communities. We believe in the fundamental rights of individuals to make choices about their bodies, including, without limitation, decisions regarding abortion and gender-affirming care; accordingly, we do not, as an organization, involve ourselves in or stand with specific policies or laws inhibiting an individual’s right to personal bodily autonomy in any jurisdiction. The Services are provided in alignment with the principles of personal bodily autonomy, and we stand against any legal actions that seek to limit reproductive freedoms or the right to gender-affirming care. Discrimination, harassment and aggressive conduct of any kind are strictly prohibited. This means there are a few rules for use of the Services. As a condition of your use of the Services, you represent and warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Famm reserves the right, in its sole and absolute discretion, to deny access to or remove any individual from both physical and virtual spaces if they are found to be in violation of these Terms. Moreover, whether on behalf of yourself or on behalf of a third party, you may NOT, as determined in Famm’s sole and absolute discretion:
Post or distribute content or engage in harmful or abusive behavior that (i) violates any third-party rights, including copyrights, trademarks, patents, trade secrets, privacy rights, or other intellectual property or proprietary rights, (ii) is harassing, bullying, intimidating, stalking, abusive, defamatory, humiliating, false, misleading, invasive of privacy, obscene, pornographic, or otherwise objectionable, (iii) promotes racism or racial superiority of any kind, bigotry, hatred, homophobia, transphobia, white supremacy, white nationalism, neo-Nazism or physical harm against any group or individual, (iv) exploits, harms, or exposes minors to inappropriate content, (v) encourages or facilitates criminal activity, violence, or any illegal acts, (vi) contains information you do not have the legal right to share, (vii) contains false, outdated, or misleading information, (viii) impersonates another individual or entity, (ix) constitutes spamming, phishing, or sending unsolicited advertising, chain letters, or pyramid schemes or (x) incites violence or includes gratuitous graphic violence. For the avoidance of doubt, Famm generally defines spamming as bulk or aggressive activity intended to manipulate or disrupt the platform or user experience to drive traffic or attention to unrelated accounts, products, services, or initiatives; Famm considers multiple factors when determining spamming behavior including without limitation (i) sending a high volume of group or user contact requests, or rapidly following/unfollowing multiple accounts and users, (ii) posting or commenting primarily with links, especially without meaningful commentary, (iii) being blocked by a large number of users due to unsolicited, untargeted, or duplicative content, (iv) receiving multiple spam complaints, (v) posting duplicative or near-identical content across multiple pages or users, or creating duplicate accounts, (vi) posting excessive updates to manipulate topics or drive attention to unrelated accounts, products, or services, (vii) sending large numbers of unsolicited posts, comments, replies, or mentions, (viii) adding users to lists in a bulk or aggressive manner, (ix) randomly or aggressively engaging with users for promotional purposes, (x) repeatedly using another person’s account information as your own, (xi) posting misleading, deceptive, or malicious links, including affiliate links or links to malware and clickjacking sites, (xii) creating new accounts to replace or mimic suspended ones, which may result in permanent suspension.
Engage in authorized data collection including without limitation by (i) collecting email addresses or other user contact information without consent, (ii) using spyware, bots, or other automated methods to scrape, harvest, or mine data or (iii) using automated scripts to generate accounts, searches, requests, or queries.
Interfere with the functionality of the Services including without limitation by (i) using automated tools or engaging in any activity that disrupts, disables, or overloads Famm’s networks, (ii) attempting to circumvent security measures or gain unauthorized access to restricted areas, (iii) uploading or distributing viruses, worms, or malicious software or (iv) attempting to decipher, decompile, disassemble, or reverse-engineer Famm’s Services.
Violate laws or encourage unlawful activity including without limitation by (i) using Famm for fraudulent, misleading, or malicious purposes, (ii) posting instructional content about illegal activities, or (iii) violating any applicable laws, regulations, or third-party agreements.
Engage in squatting, as determined by Famm upon evaluating various factors such as (i) the number of accounts created, (ii) whether accounts were created to prevent others from using specific names, (iii) whether accounts were created for the purpose of selling them and (iv) the use of third-party content feeds to update or maintain accounts under those third parties’ names.
Create or register fake, misleading, deceptive, or fraudulent accounts, as determined by Famm upon evaluating various factors such as (i) use of stock or stolen images, (ii) use of copied or stolen profile bios or (iii) use of intentionally misleading profile information.
Encouraging or facilitating other users to break any of the foregoing regulations.
Profile, Feed, Messaging and Event Guidelines. To enhance communication and community engagement within the platform, the Services, among other features, allow you to set up and manage your personal profile, view and interact with your feed, and explore other users’ profiles (including business profiles). You may message other users, block or report as needed, and create or manage events, providing details such as date, time, and links and information about where to buy tickets. When engaging with these features, please ensure the following:
Profile Photo. Use a clear and respectful image of yourself or a professional representation. Avoid offensive or misleading images.
Biography: Write a brief bio that represents you well. Avoid including harmful, discriminatory, or misleading content.
Professional Experience, Title, and Industry. Share accurate and relevant details. Misleading or false information may result in your account being restricted or removed.
Openness to Opportunities. You may indicate if you're open to job offers, collaborations, or networking, but make sure it’s clear and respectful.
Content Viewing & Interaction. You can view content shared by others according to their privacy settings. All content must adhere to community guidelines. Users have the option to block or mute others to control their feed experience.
Respectful Communication. You can message anyone unless blocked; all messages should be respectful and relevant, with the option to block or report unwanted messages.
Accurate Event Details. Event listings must include correct information such as date, time, location, and a link for tickets or more details. Users can save or share events, and fraudulent events will be removed.
Enforcement. We reserve the right (but have no obligation) to review any User Content or user activity, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms or otherwise create liability for us or any other person. Such action may include, but is not limited to, removing, modifying or refusing to publish your User Content, terminating or suspending your access to the Service, disclosing and reporting your identity or other information about you to law enforcement authorities or third-parties who claim that material violates their rights, and/or taking any action that we deem necessary or appropriate in our sole discretion. YOU WAIVE AND HOLD HARMLESS FAMM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FAMM DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER FAMM OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all User Content before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
Guidelines for Law Enforcement Requests for Customer Data. As a service provider, Famm is legally obligated to provide customer data when presented with valid legal process from a law enforcement authority with jurisdiction. Preservation requests, subpoenas, or search warrants from U.S. law enforcement or civil investigative agencies seeking Famm customer data may be personally served or mailed to the address provided below. Famm will only respond to requests from non-U.S. law enforcement agencies that are issued by a U.S. court, either through a mutual legal assistance treaty or a letter interrogatory. Civil subpoenas must be personally served and will not be accepted via fax or other electronic means. Customer data disclosure by Famm is governed by U.S. law, including the Federal Stored Communications Act (SCA), 18 U.S.C. Sections 2701-2712, and our own Terms and Privacy Policy. In general, we will provide “basic subscriber” information (e.g., name, email address, phone number) in response to a valid subpoena issued in connection with an official criminal investigation. However, to disclose User Content stored on our servers (such as posts, photos, videos, and documents), we require a search warrant issued upon probable cause under relevant state or federal law. Law enforcement agencies must provide a valid search warrant or its equivalent from an agency with proper jurisdiction over Famm.
Feedback. If you provide Famm with any reports, comments, suggestions, ideas or other feedback regarding the Service (“Feedback”), you do so without expectation of compensation and you hereby grant Famm a perpetual, irrevocable, freely transferable, freely sublicensable, fully-paid, royalty-free right and license to such Feedback and agree that Famm will have the right to use and fully use such Feedback and related information in any manner it deems appropriate. Feedback is strictly voluntary and Famm will treat any Feedback you provide to Famm as non-confidential and non-proprietary. You agree that you will not submit to Famm any information or ideas that you consider to be confidential or proprietary.
Invitations. You may be permitted and choose to invite other people to be users of the Services via Famm’s system (the “Invite System”), in which case you may need to provide Famm with information of such people to connect them with you and Famm via electronic methods including without limitation a personalized link, QR code, SMS or email invitation. If you permit Famm to access this information, we may store it on Famm’s servers, but this information is used solely for the Invite System.
Copyright Policy. Famm respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Famm is: Catherine Perez who may be reached at email: cat@heyfamm.com.
INDEMNIFICATION. You agree to indemnify and hold harmless Famm (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your User Content, (c) your violation of the Terms; or (d) your violation of applicable laws or regulations. Famm reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Famm. Famm will use reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it.
THIRD-PARTY MATERIALS; OTHER USERS
Third-Party Materials. The Service may use or contain links to third-party applications, websites and services, and/or sponsored links or display advertisements for third parties, including without limitation, those by Metabase, Mixpanel and Google Analytics (collectively, “Third-Party Materials”). Such Third-Party Materials are not under the control of Famm, and Famm is not responsible for any Third-Party Materials. Famm does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You use all Third-Party Materials at your own risk, and should apply a suitable level of caution and discretion in doing so. When you interact with any of the Third-Party Materials, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.
App Store Terms. If you access the Services via a mobile application obtained through the Apple App Store or Google Play Store (each an “App Provider”), you acknowledge and agree that (i) these Terms are between you and Famm, and not with the App Provider, (ii) Famm, not the App Provider, is solely responsible for the app and its content, (iii) the App Provider has no obligation to provide maintenance or support services for the app, (iv) in the event of any failure of the app to conform to any applicable warranty, you may notify the App Provider, and the App Provider may refund the purchase price (if any) for the app (to the maximum extent permitted by law, the App Provider will have no other warranty obligation whatsoever with respect to the app) and (v) you must comply with all applicable third-party terms of service when using the app.
Other Users. Each user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users of the Service are solely between you and such users. You agree that Famm will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Service, we are under no obligation to become involved.
Release. You hereby release and forever discharge Famm (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other users of the Service or any Third-Party Materials).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
DISCLAIMERS
Disclaimers.
THE SERVICE AND ALL COMPONENTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND FAMM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE OR ANY COMPONENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE OR ANY COMPONENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. FAMM MAY UPDATE THE CONTENT ON THE SITE AND SERVICES FROM TIME TO TIME, BUT SUCH CONTENT IS NOT NECESSARILY COMPLETE OR UP TO DATE. ANY OF THE MATERIAL ON THE SITE AND SERVICES MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.
BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY INTERACTION, COMMUNICATION, OR SHARING OF CONTENT ON THE PLATFORM IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THE ACCURACY, SAFETY, OR LEGALITY OF ANY CONTENT POSTED BY USERS. WE MAKE NO GUARANTEES REGARDING THE PRIVACY, SECURITY, OR INTEGRITY OF YOUR DATA OR COMMUNICATIONS WHILE USING THE PLATFORM. YOU ASSUME FULL RESPONSIBILITY FOR THE CONSEQUENCES OF YOUR USE OF THE PLATFORM, INCLUDING ANY INTERACTIONS WITH OTHER USERS, AND ANY HARM RESULTING FROM SHARING YOUR PERSONAL INFORMATION OR CONTENT WITH OTHERS.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL FAMM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS, THE SERVICE OR ANY COMPONENTS, OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY COMPONENTS, EVEN IF FAMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNTS PAID BY YOU AND RETAINED BY FAMM IN THE TRANSACTION GIVING RISE TO SUCH ACTION; OR (ii) ONE HUNDRED UNITED STATES DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE TERMS.
FAMM IS A PROVIDER OF AN INTERACTIVE COMPUTER SERVICE AND MAKES NO REPRESENTATIONS REGARDING THE CONTENT POSTED BY USERS ON OUR PLATFORM. IN ACCORDANCE WITH SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 (47 U.S.C. § 230), WE ARE NOT LEGALLY RESPONSIBLE FOR USER CONTENT. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE BY USERS ON OUR PLATFORM, AND WE ARE NOT LIABLE FOR ANY OFFENSIVE, HARMFUL, DEFAMATORY, OR ILLEGAL CONTENT SHARED BY USERS. WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO REMOVE CONTENT THAT VIOLATES OUR COMMUNITY GUIDELINES OR TERMS OF SERVICE, AND WE WILL TAKE SUCH ACTIONS AT OUR SOLE AND ABSOLUTE DISCRETION.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TERM AND TERMINATION. Subject to this Section, the Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service at any time for any reason at our sole discretion, including for any use of the Service in violation of the Terms. Upon termination of your rights under the Terms, your right to access and use the Service will terminate immediately. Even after your rights under the Terms are terminated, the following provisions of the Terms will remain in effect: Sections 1.3-1.6 and 2–8.
GENERAL
Changes. The Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to the Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. The terms of this Section 8.2 (Dispute Resolution) are separately referred to herein as the “Arbitration Agreement.”
Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Service, to any products sold or distributed through the Service or to any aspect of your relationship with Famm, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify; and (ii) you or Famm may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of the Terms or any prior version of the Terms.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at support@heyfamm.com. The arbitration will be conducted at the Sacramento, California office of JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/; JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Famm will pay them for you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator will have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND FAMM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Famm are instead electing that all disputes, claims, or requests for relief will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 8.2(a). An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in Sacramento County, California. All other disputes, claims, or requests for relief will be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@heyfamm.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in Section 8.2(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
Modification. Notwithstanding any provision in the Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at support@heyfamm.com and expressly opting out of such change.
Governing Law; Venue. The Terms will be governed by the internal law of the State of California, without regard to conflict of law principles that would result in the application of any law other than the law of the State of California. The Parties agree that the exclusive jurisdiction of any actions arising out of this Agreement and not applicable to Section 8.2 will be in the state or federal courts, as applicable, located in Sacramento County, California.
Export; Geographic Restrictions.
The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Famm, or any products utilizing such data, in violation of the U.S. export laws or regulations.
Famm is based in the State of California in the U.S. We provide this Site for use only by persons located in the U.S. We make no claims that the Site or any of its content is accessible or appropriate outside of the U.S.. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the U.S., you do so on your own initiative and are responsible for compliance with local laws.
Disclosures and Complaints. Famm is located at the address in Section 8.9. If you are a resident of the U.S., you may have additional rights to disclosures and complaints under the laws of your state in which you reside. For example, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. If you are a Massachusetts resident, you may report complaints to the Consumer Advocacy & Response Division (CARD) of the Office of the Attorney General by contacting them in person or in writing at One Ashburton Place, 18th Floor, Boston, MA 02108, by telephone at 617-727-8400, or by online submission at https://www.mass.gov/how-to/file-a-consumer-complaint.
Electronic Communications. The communications between you and Famm use electronic means, whether you use the Service or send us emails or messages through third-party messaging platforms, or whether Famm posts notices on the Service or communicates with you via email or messages through third-party messaging platforms. For contractual purposes, you (a) consent to receive communications from Famm in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Famm provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Entire Terms; Separability. The Terms constitute the entire agreement between you and us regarding the use of the Service, other than the Agreement if applicable. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Famm’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Famm may freely assign the Terms. The terms and conditions set forth in the Terms will be binding upon assignees.
Copyright/Trademark Information. The Famm trademarks, logos and service marks, and all related names, logos, product and service names, designs, and slogans (“Marks”) are Famm’s property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.
Contact Information:
Hey Famm LLC
Address:
1401 21st St, Ste R
Sacramento CA 95811
Email: support@heyfamm.com