Liability Waiver

Last updated: October 08, 2021

 

DISCLOSURES

 

You understand and agree that MyFavor App LLC provides a technology platform connecting you with independent favor providers and that MyFavor App LLC, itself, does not provide screening or training of favor providers, transportation, logistics and/or services, has no responsibility or liability for the acts or omissions of any such favor provider, and will not assess or guarantee the suitability, legality or ability of any favor provider or his or her actions. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN FAVOR SERVICES THROUGH THE USE OF THE APPLICATION AND SERVICES DOES NOT ESTABLISH FAVOR APP AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES, PACKAGE CARRIER, MAIL CARRIER, OR AS A TRANSPORTATION CARRIER OR COMMON CARRIER.

 

You are aware that various risks are involved in the services resulting from you connecting with a favor provider. Despite these and the other risks, you agree to the Service and to personally bear such risks, assuming full responsibility for any harm or damage that may result.  You further agree that the entire risk arising out of or related to your use of the Services and Applications remains solely with you to the maximum extent permitted under applicable law.

 

The services are provided “as is” and “as available”.  MyFavor App LLC disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, MyFavor App LLC makes no representation, warranty, or guarantee regarding the accuracy, completeness, security, reliability, timeliness, quality, suitability, connectivity or availability of the services or applications or any services or goods requested through the use of the services or applications, or that the services or applications will be available, if at all, uninterrupted or error-free, or will meet your requirements, or that any defects in the applications will be corrected or that the applications are free of viruses or other harmful components. MyFavor App LLC does not guarantee and does not promise any specific results from use of the applications and/or the services, including the ability to provide or receive services at any given location or time, and MyFavor App LLC disclaims liability for, and no warranty is made with respect to, the accuracy, completeness, security, reliability, timeliness, quality, suitability, connectivity or availability of the services or applications or any services or goods requested through the use of the services or applications. My Favor App LLC does not guarantee the quality, suitability, safety or ability of third parties, including independent contractors and/or favor providers.

MyFavor App LLC cannot guarantee that each user or favor provider is who he or she claims to be. Please use common sense when using the applications and services, including looking at the photos of the favor provider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and MyFavor App LLC does not accept responsibility or liability for any content, communication or other use or access of the applications by persons either under the age of 18 or otherwise in violation of these terms. We encourage you to communicate directly with each potential favor provider prior to engaging in the service.

MyFavor App LLC is not responsible for the conduct, whether online or offline, of any user of the applications or services or any independent contractor or favor provider. You are solely responsible for your interactions with other users and favor providers. We do not procure insurance for, nor are we responsible for, you or your personal property. By using the applications and participating in the services, you agree to accept such risks and agree that MyFavor App LLC is not responsible for the acts or omissions of users on the applications or participating in the services.

You are responsible for the use of your account and MyFavor App LLC expressly disclaims any liability arising from the unauthorized use of your account. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you agree to notify MyFavor App LLC immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the applications (including any profile information you provide, information and user content), send to other users, or share during the services, and to use such information improperly or illegally, including to harass or harm you. MyFavor App LLC is not responsible for the use of any personal information that you disclose to other users on the application or through the services. Please carefully select the type of information that you communicate or post on the applications or through the services or release or provide to others. My Favor App LLC disclaims all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning MyFavor App LLC or made available through the applications or services, but not directly by MyFavor App LLC, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will MyFavor App LLC be responsible for any loss or damage resulting from your reliance on information or other content communicated, disclosed, provided or posted by third parties, whether on the application, through the services or otherwise. MyFavor App LLC reserves the right, but has no obligation, to monitor the materials posted on the applications and remove any such material that in its sole opinion violates, or is alleged to violate, the law or the terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

Location data provided by the applications is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither MyFavor App LLC, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the applications. Any of your information or user content, including geolocational data, you upload, provide, or post on the applications may be accessible to My Favor App LLC and certain users of the applications.

MyFavor App LLC advises you to use the application with a cellular and data plan with unlimited or very high data usage limits, and MyFavor App LLC shall not be responsible or liable for any fees, costs, or overage charges associated with any cellular or data plan you use to access the applications and use the services.

LIMITATION OF LIABILITY

MY FAVOR APP LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, DELETION, CORRUPTION, LOST PROGRAMS, LOST CONNECTIVITY, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT, SERVICE INTERRUPTIONS, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE APPLICATION OR SERVICES, OR THE TERMS, HOWEVER ARISING AND REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MYFAVOR APP LLC, EVEN IF MYFAVOR APP LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MYFAVOR APP LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) THESE TERMS; (ii) YOUR USE OF OR RELIANCE ON THE APPLICATIONS OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE APPLICATIONS OR SERVICES, INCLUDING DUE TO THE UNAVAILABILITY OF THE SERVICES, OR ANY ACTIVITY, INCIDENT, ACCIDENT, OR OTHER MATTER RELATED TO OR ARISING OUT OF THE SERVICES; OR (iii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY INDEPENDENT CONTRACTOR OR FAVOR PROVIDER, EVEN IF MY FAVOR APP LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MYFAVOR APP LLC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MYFAVOR APP LLC'S REASONABLE CONTROL (INCLUDING, LACK OF DRIVER AVAILABILTY, ACCIDENTS, INCLEMENT WEATHER, TRAFFIC CONDITIONS, CONSTRUCTION, MECHANICAL ISSUES OR SIMILAR SITUATIONS).

THE APPLICATIONS AND SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE FAVOR SERVICES WITH THIRD PARTIES, INCLUDING INDEPENDENT CONTRACTORS, BUT YOU AGREE THAT MYFAVOR APP LLC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES OR FAVOR PROVIDERS, OTHER THAN AS EXPRESSLY SET FORTH HEREIN.

INDEMNITY

You agree to indemnify and hold MyFavor App LLC, and its affiliates, subsidiaries, parents, successors and assigns, and its and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the applications, services or any activities related thereto; (ii) your breach or violation of any of these terms or any of the documents it incorporates by reference or any other MyFavor App LLC terms and conditions, policy or statement applicable to you; (iii) MyFavor App LLC's use of your information or user content, or any allegation that the your Information or user content infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iv) your violation of law or the rights of any third party, including independent contractors, favor providers, other users, drivers, other motorists, and pedestrians. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

ACKNOWLEDGMENT

You fully intend and understand that the limitation of liability and indemnification provisions of these terms shall bind you, your family, heirs, assigns, or personal representatives. You hereby forever release, acquit and discharge MyFavor App LLC from any and all liabilities, claims, demands, actions and causes of action that you may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any service. The sole recourse available to you shall be the cancellation of the subscription and your account."

 

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