Last Updated:  December 5, 2023

HEY FAMM LLC (referred to as “Company” or “our”) is an online directory that showcases LGBTQ+ owned brands (“Brand(s)”) and LGBTQ+ service providers (“Service Providers”), for the purpose of providing customers and clients with an easier way to find and support these Brands and Service Providers.

The following Terms and Conditions (hereinafter referred to as the “Terms”) are between the Company and a “Member(s)”, which refers to a Brand or Service Provider listing their products or services on the Platform; and/or a “Customer(s)”, which refers to an individual who is accessing the Website or purchasing a product and/or signing up for a service. 

These Terms between Company and a Member and/or Customer (also referred to as “you” or “your”) describe the specifications in which you may browse, list your products or services, communicate, purchase, sell, and/or use the website, www.heyfamm.com (the “Website”). Any use of the Website is conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. By using the Website, you agree to be bound by the Terms. If you do not agree to all the Terms, you may not use the Website.

PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW COMPANY’S PRIVACY POLICY BEFORE USING THE WEBSITE, PLATFORM, OR SERVICES. 

YOU MAY NOT USE THE SERVICES IF YOU DO NOT AGREE TO THE TERMS OR ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE BY APPLICABLE LAW. 

Any new features or tools which are added to the Website shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time via the Website. Company reserves the right to update, change, or replace any part of the Terms at any time by posting updates and/or changes on the Website, at its sole discretion. Your continued use of, or access to the Website, following the posting of any changes to the Terms constitutes acceptance of those changes. 

1. Subscription Models and Accounts 

   • Subscription Model. You may elect to subscribe to the Company’s subscription-based model. 

     • Famm Lead Generation Model (“Famm Lead Gen”) includes: 

     • A full marketing page on the Famm Website with lead capture (contact form) 

     • Menu and prices

     • Bio, including assets like photos and/or videos

     • Relevant business and social links

     Famm Lead Gen. To access Famm Lead Gen as a Service Provider, you are not required to create an account. If you are seeking to list your service on the Platform, you must: (a) maintain online selling capability; (b) provide a current service(s); and (c) have an LGBTQ+ ownership structure. You must provide certain Personal Information, the name of the service(s), website, a biography, and must respond to an LGBTQ+ attestation clause. Each Service Provider is entitled to one page on the Website that includes the information you provide to Company.  

     Brand Account. Brands are not required to create an account. If you are seeking to list your brand on the Website, you must: (a) maintain online selling capability; (b) have an active brand; and (c) have an LGBTQ+ ownership structure. You must provide certain Personal Information, a brand name, website, a biography, and must respond to an LGBTQ+ attestation clause. Each Brand is entitled to one page on the Website that includes the information you provide to Company.  

     Customers. Customers are not required to make an account. Customers understand that Company is a third-party platform that does not directly sell any of the products or services offered by a Brand or Service Provider. When purchasing a product or signing up for a service, Customers will be redirected to that Brand or Service Provider’s website. Customers shall be subject to any terms and conditions of a Brand or Service Provider, including any payment, refund, and liability policies.  

     
     Our Services may allow the sharing of your information, including but not limited to certain Personal Information, your profile, links you share, products, services, videos, and private or public messages. Your engagement with the Website and Platform may be shared with others in accordance with our Privacy Policy and these Terms.

2. Prices and Promotions

   Prices. Unless otherwise noted, prices associated with any of the products or services offered by a Brand or Service Provider shall be listed on the Website and are subject to change at any time. You can submit payment directly through the Website or via Stripe, a third-party payment application. 

   
   Promotions. Company may offer discounts, sales, and/or reward system benefits on the Website (“Promotions”). Any prices, discounts or reward system requirements are subject to change at any time. Promotions may affect pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, that promotion’s terms and conditions shall govern that specific circumstance. 
   

3. Service Terms

   By agreeing to these Terms, or by using the Platform or any of the Services, you represent that you are at least eighteen (18) years of age or older. Minors may use the Website and the Services under the supervision of their parents or a legal guardian who has agreed to be bound by the Terms. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, you are fully responsible for their use of the Website and engagement with the Services. 

   
   Company reserves the right to refuse access to the Website and/or any of the Services to anyone at any time and for any reason, including but not limited to, any breach or violation of these Terms. Company reserves the right to pre-screen, refuse, or delete any content from the Website. 

   
   You may not use the Services for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. You represent and warrant that you are using the Website for your own personal use and not for resale, export, or any other unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of the Services.

   
   You agree not to use the Services for the purpose of any harmful or deceitful conduct, including, but not limited to: (a) causing harm to minors in any manner whatsoever; or (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity. 

   
   You agree that Company may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your use of or access to any of the Services or the Website at our sole discretion, for any reason, including but not limited to:

   1. any breach or violation of these Terms, or any other incorporated agreement, regulation, or guideline;

   2. by way of request from law enforcement or any other governmental agencies;

   3. the discontinuance, alteration, or material modification to our Services, or any part thereof;

   4. any engagement by you in any fraudulent or illegal activities; and/or

   5. the non-payment of any associated fees that may be owed by you in connection with the Services. Furthermore, you agree that all terminations, suspensions, discontinuances, and limitations of access for cause shall be made at our sole discretion and Company shall not be liable to you or any other third-party regarding the termination of your account, associated email address and/or access to any of our Services. 

4. Cancellation and Refunds

   Cancellation. If you are subscribed to one of Company’s subscription-based models, you may cancel your subscription at the end of the billing period, via Stripe. Cancellation incurs no cancellation fee, however any payments rendered will remain non-refundable. A cancellation may affect any promotions offered at the time of sign-up.

   
   Refunds. Company does not permit refunds under any circumstance. Company is not responsible for errors made by you during the ordering or canceling process. If you are unhappy with the Services, contact Company directly. Company shall address all issues, concerns, or dissatisfactions on a case-by-case basis. Should Company, in its sole discretion, decide to refund, prorate, or credit you any amounts paid, that refund, prorate, or credit shall constitute the entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that Service.

   
   Returns. Company is a third- party platform that does not handle any shipping, returns, or refunds. When purchasing a product or signing up for a service, you understand and agree that you will be subject to that Brand and Service Provider’s terms, conditions, and policies. 

5. Accuracy, Completeness, and Timeliness of Information

   Company shall not be held responsible if information made available on the Website is not accurate, complete, or current. For clarity, you are relying on any information found on the Website at your own risk. 

   Company reserves the right to modify or update the contents of the Website at any time. It is your responsibility to monitor the Website for any changes that may occur. Company strives to display accurate price information, however, on occasion, there may be inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Company reserves the right to correct any errors or omissions at any time, and to cancel any orders arising from such occurrences.

6. Intellectual Property & Proprietary Rights

   Company owns, solely and exclusively, all right, title, and interest in and to its Services and the Website; all content, software code, data, the look, feel, design and organization of the Website; and the compilation of the content, code, data, and materials on the Website, including but not limited to any intellectual property and/or proprietary rights. Company reserves all rights in and to the Website not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Company’s Website, in whole or in part. 

   
   If you post, upload, or make available any information, data, text, files, communications, or other materials regarding the Website and your use of the Services on any website, blog, article, or social media website (“Your Content”), you hereby grant Company a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise use Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter, including but not limited to advertising, promoting, and marketing the Website and Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and Company will not be liable for any use or disclosure of any Your Content. 

7. Ratings and Reviews 
   
   You may have the option to provide a rating and/or review of the Website and Services (“Feedback”). Any Feedback you leave must reflect your honest opinion. Company may remove Feedback at any time, without notice. 

You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally would, or is reasonably certain to, disparage, create a negative impression of, or be detrimental to the reputation of Company. 

Communications Not Confidential. It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those Company has specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your content, information, ideas, suggestions, or other materials are similar to those Company has developed or is developing independently. Accordingly, Company does not accept unsolicited content, information, ideas, suggestions, or other materials, and take no responsibility for any content, information, ideas, suggestions, or other materials so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Company is free to use any such content, information, ideas, suggestions, or other materials, for any purpose and in our sole discretion, including, without limitation developing and marketing products and services, without any liability or payment to you.

8. No Professional Advice

The information provided by Company does not, and is not intended to, constitute any type of medical or professional advice. You assume the sole responsibility of evaluating the merits and risks associated with the use of any information from the Services and Website. For the avoidance of doubt, Company does not act as an employee, manager, doctor, counselor, or other agent to you. 

9. Disclaimer of Warranties and Limitation of Liability

Non-Discrimination. For the avoidance of doubt, Company does not discriminate against any gender identity and welcomes support from all individuals regardless of gender. Any complaints regarding discrimination are taken seriously and Company has a policy to address such concerns.

Data Privacy. You understand that the use of third-party servers or platforms may involve transmission of data over networks that are not owned, operated, or controlled by Company, and it is not responsible for any data lost, altered, intercepted, or stored across such networks. Company cannot guarantee that its security procedures will be error-free, and that transmission of data will always be secure. 

THE USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR SOLE RISK. ALL SERVICES OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF COMPANY’S SERVICES. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE WEBSITE AND/OR THE SERVICES, YOUR DEALINGS WITH ANY BRAND, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR USE THE SERVICES; AS WELL AS YOUR USE OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE WEBSITE AND ANY ASSOCIATED WEBSITES OR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF OUR WEBSITE. 

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO ANY PAYMENT MADE BY YOU TO COMPANY. 

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Website is for informational purposes only. Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional advice, you should consult with a trained and qualified professional.

The limitation of liability set forth above shall: (a) only apply to the extent permitted by law; and (b) not apply to: (i) liability resulting from our gross negligence or willful misconduct, or (ii) death or bodily injury resulting from our acts or omissions. 

10. Non-Disparagement 

You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that would intentionally, unintentionally, or be reasonably certain to, disparage, create a negative impression of, or be detrimental to the reputation of Company. 

11. Arbitration and Disputes

Disputes. While Company may help facilitate the resolution of disputes, Company has no control over and does not guarantee: (a) the quality, reliability, accuracy, or effectiveness of any Services; (b) the truth or accuracy of any listing descriptions, ratings, reviews, or other users; or (c) the performance or conduct of any third-party. Company does not endorse any Brand or Service Provider. You should always exercise due diligence and care when deciding whether to purchase a good or service, or communicate and interact with other users, whether online or in person.

Release. Company is not a party to any services between you and any Brand or Service Provider. You hereby release Company, its affiliates and their respective directors, officers, shareholders, employees, agents, service providers, representatives, contractors, licensors, suppliers, successors and assigns from and against any claims, injuries, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal fees), known and unknown, arising out of or in any way connected with any dispute you have with any Brand or Service Provider, whether it be at law or in equity that exist as of the date of these Terms. 

Indemnification. By using the Website and our Services, you agree to indemnify, hold harmless, and defend Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including, but not limited to, attorney’s fees resulting directly or indirectly from a claim by a third-party that is based on your use of the Services. This includes any liabilities from any Brand or Service Provider. 

Arbitration. If a controversy or claim should arise, you and Company (referred to each as a “Party” and together the “Parties”) will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association. excluding rules or procedures governing or permitting class actions. Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. Judgment may be entered in any court having jurisdiction.

Class Action Waiver. Any arbitration shall be conducted in each individual capacity only and not as a class action or other representative action. You expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

12. Notices

Company may provide any notice to you under the Terms by: (a) sending a message to the email address you provided; or (b) by posting directly to the Website. Notices sent by email will be effective on the date the email is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your email address current and review new notices. 

To provide Company notice under these Terms, you must contact us by email, personal delivery, overnight courier, or by certified mail. Notice provided by email shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent.

13. Miscellaneous 

Third-Party Content. Services shall contain links and references to other third-party providers. Company is not responsible for any third-party content or the actions of those providing such content. Any information regarding a third-party found on the Website does not imply that Company endorses or accepts any responsibility or liability for the third-party, or vice versa. 

No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Company. 

Privacy Policy. Company respects your privacy and is committed to protecting it. To learn more, please visit our Privacy Policy available on the Website, which governs the processing of all personal data collected from you in connection with your use of the Website. You acknowledge and consent to the collection and use of your personal information by Company. 

Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Waiver. The failure by Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision is effective only if in writing and signed by an authorized representative of Company.

Force Majeure. Company will not be liable or responsible to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance under the Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Notice to California Users. Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Compliance. You agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the United States of America Export Administration Act (“Export Laws”), each user states that such user is (a) not a citizen, or otherwise located within an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan, and certain specially designated nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the export laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental agency if a Campaign is deemed to be in violation of export laws.

Notice to New Jersey Clients. If you are residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Delaware governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Company arising out of or related to the use of the Website must be filed within two (2) years after such claim or cause of action arose or be forever barred.

Entire Agreement. These Terms constitute the sole and entire agreement between you and the Company regarding the Website, and your use thereof, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

These Terms and our Privacy Policy will be deemed final on the matters contained herein. You may also be subject to additional Terms that may apply if you make a purchase from a third-party. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Company in connection to the use of its Services defined herein.

If you have any questions, please contact Company directly at:

Email:  info@heyfamm.com