TERMS AND CONDITIONS
Last Updated: January 1, 2025
HEY FAMM LLC (referred to as “Company” or “our”) operates FAMM CONNECT (the “App”), which is a downloadable mobile application dedicated to empowering the LGBTQ+ community to grow their businesses and/or facilitate professional connections (the “Services”).
The following Terms and Conditions (hereinafter referred to as the “Terms”) constitute a legally binding agreement between you (referred to as “you” or “your”) and Company, concerning your access to and use of the Services. These Terms outline the specifications in which you may engage with, communicate, network, list your business on, and otherwise interact with the App. Any use of the App is conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. By accessing the Services, you agree to be bound by the Terms.
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 REVIEW COMPANY’S PRIVACY POLICY, CODE OF CONDUCT, and DISCLAIMERS BEFORE USING THE APP.
YOU MAY NOT USE THE APP IF YOU DO NOT AGREE TO THE TERMS OR ARE PROHIBITED FROM ACCESSING OR USING SUCH SERVICES BY APPLICABLE LAW.
Supplemental features or tools which may be added to the App shall also be subject to the Terms herein. Company reserves the right, in its sole discretion, to make modifications or replace any part of the Terms at any time by posting such updates directly on the App and updating the “Last Updated” date. Your continued use of, or access to the App, following the posting of any changes to the Terms constitutes acceptance of those changes. It is your responsibility to periodically review these Terms to stay informed on updates. You can review the most current version of the Terms at any time directly on the App.
Accounts
User Accounts. In order to gain access to the App, you will 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. When creating a User Account, you must comply with the Company’s Code of Conduct.
Functionality. Once you have created your User Account, Company 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.
You understand that Company is a third-party platform that does not directly endorse or represent any user accounts on the App. Company agrees to never allow the sharing of your information, including but not limited to your Personal Information, your User Account, links and posts you share, photos you upload, and private or public messages you send and receive.
Service Terms
By agreeing to these Terms, or by using the App, you represent that you are at least eighteen (18) years of age or older. Minors may use the App 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 App and engagement with the Services.
Company reserves the right to refuse access to the App and/or any of the Services to anyone at any time and for any reason subject to anti-discrimination laws, 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 App.
You may not use the App or Services for any illegal purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. The App prohibits any unauthorized use of its content, including but not limited to copying, modifying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works, or selling any information, software, products, or services obtained from the App. Unauthorized activities such as data mining, scraping and beyond - intended to extract or harvest information without explicit permission - are strictly forbidden. A breach or violation of any of the Terms will result in an immediate termination of the Services and may result in legal consequences.
You agree not to use the App or 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 App at our sole discretion, for any reason, including but not limited to:
any breach or violation of these Terms, or any other incorporated agreement, regulation, or guideline;
any breach of violation of the Code of Conduct;
the discontinuance, alteration, or material modification to our Services, or any part thereof; and/or
any engagement by you in any fraudulent or illegal activities.
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.
Non-Discrimination, Code of Conduct and Account Deactivation
Non-Discrimination. Company is committed to creating an inclusive, respectful, and supportive environment for all individuals, regardless of your gender identity, sexual orientation, race, ethnicity, religion, ability, age, size, or any other characteristic. Company welcomes and encourages participation from everyone who identifies with the LGBTQ+ community. Discrimination or harassment of any kind is strictly prohibited. Any concerns or complaints will be addressed promptly and in line with Company’s Code of Conduct. We are dedicated to ensuring that all members of our community feel safe, valued, and empowered.
Code of Conduct. Company uses its core values to guide the creation of its Code of Conduct. Company’s Code of Conduct strictly prohibits certain behaviors, including but not limited to, hate speech, harassment, bullying, discrimination, gender-based violence, threats and any harmful conduct. If you do not strictly adhere to these policies, Company reserves the right, in its sole discretion, to immediately deactivate your User Account and permanently ban you from future access to the App or any of the Services.
Accuracy and Completeness
Company shall not be held responsible if information made available on the App is not accurate, complete, or current. For clarity, you are relying on any information found on the App at your own risk. Company reserves the right to modify or update the contents of the App at any time. It is your responsibility to monitor the App for any changes that may occur. Company strives to display accurate information, however, on occasion, there may be inadvertent typographical errors, inaccuracies, or omissions. Company reserves the right to correct any errors or omissions at any time.
Intellectual Property & Proprietary Rights
Company owns, solely and exclusively, all right, title, and interest in and to its Services and the App; all content, software code, data, the look, feel, design and organization of the App; and the compilation of the content, code, data, and materials on the App, including but not limited to any intellectual property and/or proprietary rights. Company reserves all rights in and to the App 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 App, in whole or in part.
If you post, upload, or make available any information, data, text, files, communications, or other materials regarding your use of the Services via the use of testimonials and/or any public posting on any website or social media platform (“Your Content”), Company may use, reproduce, display, exhibit, comment on or otherwise make use of Your Content, in whole or in part, strictly for advertising, promoting, and marketing purposes. However, Company will never share certain Personal Information or any of Your Content without first obtaining explicit consent from you.
Ratings and Reviews
You may have the option to provide a review of the App 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 or other users of the App.
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 App. For the avoidance of doubt, Company does not act as an employee, manager, doctor, counselor, or other agent to you.
Disclaimer of Warranties and Limitation of Liability
Data Privacy. Company does not intend to ever share your Personal Information with any third-party servers or platforms. You understand that the use of third-party servers or platforms may at times involve transmission of data over networks that are not owned, operated, or controlled by Company. Company 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 APP AND THE SERVICES ARE AT YOUR SOLE RISK. ALL SERVICES OFFERED ON THE APP 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 APP 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 APP AND/OR THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE THE SERVICES; AS WELL AS YOUR USE OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE APP 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 APP.
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 App 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 App. 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.
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.
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. You should always exercise due diligence and care when deciding whether to communicate and interact with other users on the App.
Release. 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, whether it be at law or in equity that exist as of the date of these Terms.
Indemnification. By using the App 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.
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.
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 App. Notices sent by email will be effective on the date the email is sent, and notices that are posted on the App 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.
Terms Applicable For Apple iOS
If you are accessing or using our Services through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:
a. To the extent that you are accessing our Services through an Apple Device, you acknowledge that these Terms are entered into between you and Company and that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third party beneficiary as contemplated below.
b. The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to our Services.
c. You acknowledge that Company, and not Apple, is responsible for providing our Services and any Content therein.
d. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to our Services.
e. To the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to our Services.
f. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Company, Company and not Apple is responsible for addressing any claims you may have relating to our Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that our Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth in above, Company’s liability to you for use of our Services is greatly limited.
g. Further, you agree that if our Services, or your possession and use of our Services, infringes a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claims.
h. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
When using our Services, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with our Services.
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 App 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 App, which governs the processing of all personal data collected from you in connection with your use of the App. 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 of 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 App 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 App, 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, our Privacy Policy, and Code of Conduct will be deemed final on the matters contained herein. 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 and the App.
If you have any questions, please contact Company directly via email at: support@heyfamm.com