When you use our Services you agree to these contractual terms, our Privacy Policy, Cookie Policy, and Community Guidelines. It is your responsibility to review the latest versions.
Please carefully review this End User License Agreement and Terms of Service Agreement ("Agreement"), Privacy Policy, Cookie Policy, and Community Guidelines, which are all incorporated by reference, because by registering, visiting, accessing, downloading or using our Services (described below) you are agreeing to a legally binding contract. This Agreement governs your activity using the Services. The Services are owned and operated by Favorite Things. The Agreement shall be effective immediately upon your access to the Services (the "Effective Date") and shall continue in full force indefinitely until terminated. Favorite Things may terminate your use of the Services with or without cause or notice in its sole discretion, including, without limitation, if Favorite Things believes that you have violated or acted inconsistently with the Agreement. By using the Services, you understand and agree to all terms and conditions of this Agreement. Your continuing visits, access, or use of our Services reaffirms your acceptance and agreement in each instance. If you do not agree to this Agreement, do not register, visit, access, download or use our Services. You can terminate this Agreement at any time by closing your user account and no longer visiting, accessing or using our Services.
Favorite Things may modify the Agreement or any other terms, such as the Privacy Policy and Cookie Policy, at any time. If you have registered as a user with an account and an email address, Favorite Things will notify you of any material changes prior to those changes taking effect, via email and/or via the Services. The Agreement and any accompanying or incorporated terms are effective immediately upon posting. You should review all applicable terms regularly. In the event new terms may be displayed on-screen, you may be required to read and accept them to continue your use of the Services. Favorite Things will also post the terms at favoritethingsofficial.com/terms. If you choose not to accept any new terms, you may close your account and/or stop using the Services. Where the law allows, you acknowledge that continued use of Favorite Things Services after Favorite Things posts or sends notice of updated terms means that your personal data is subject to any updated Privacy Policy.
During your use of the Services, you may encounter additional terms and conditions, for example to enable certain optional add-ons or offerings, which Favorite Things will provide to you prior to your use of those features. Some features may not be available to all users, and Favorite Things has no liability to you for limiting your right or access to certain features of the Services. Where translations are provided, these are for convenience only; the English version is controlling in all cases.
JR Collective, Inc. d/b/a Favorite Things (together with its officers, agents, employees, affiliates, subsidiaries, parents, successors, and assigns, "Favorite Things") provides mobile tools which allow you to view content, and operates various platforms ("Platforms"), applications ("Apps") and online websites including but not limited to all domains and subdomains at favoritethingsofficial.com ("Sites") (collectively, together with and any associated websites, products or services offered by Favorite Things, the "Services"). Our Services allow you to share your favorite products and services with your community and provide reviews of products and services. We may also provide you with recommendations and suggested products based on products that may interest you. Our Services create technological and commercial relationships between third-party retailers/brands, advertisers and other businesses ("Merchants") and shoppers like you. Our Services allow for real recommendations by friends and your community, and may include paid advertising links or commissions from partner advertisers or Merchants. During your use of the Services, you may encounter additional terms and conditions, for example to enable certain optional add-ons or offerings, which Favorite Things will provide to you prior to your use of those features.
To use our Services, you must (1) be at least 16 years of age and (2) be either old enough to lawfully enter into this Agreement yourself or have your parent or legal guardian do so. The Services are available only to individuals aged 16 years of age or older. If you are 16 or older, but under the applicable age of majority in your state or jurisdiction of residence, then you agree to review this Agreement with a parent or legal guardian to make sure you and your parent or legal guardian understand and agree to this Agreement. If you are the parent or legal guardian agreeing to the Agreement for your child over 16 years of age, then you agree on your child's behalf and further agree and accept full responsibility for your child's use of the Services. Favorite Things does not encourage, solicit, or permit visitors to the Services who are under the age of 16.
You agree to provide certain information to set up your account. As part of the registration process, you will select a username and password and may provide certain information. You hereby consent to our access to and collection of such personal information about you. By registering for the Services, you hereby authorize Favorite Things to send you emails and other communications. You agree to protect your password and not share your account with others. You are solely responsible for maintaining the confidentiality of your username and password. You may not authorize others to use your account, and you may not share, assign or otherwise transfer your account or login information to any other person or entity. You are responsible for any and all activities that are conducted through your account. Favorite Things shall be entitled to assume that a user presenting your username and password is, in fact, you. You agree to notify Favorite Things immediately of any unauthorized use of your account. Favorite Things shall have the right at any time to change, modify or amend your username and password.
You agree to provide correct information and keep it updated. You agree to only use our Services for personal reasons and not, for example, to compete with us. You represent and warrant that the information you provide to Favorite Things is accurate, true, not confidential, and not in violation of any contractual obligations or other third party rights. You agree that it is your responsibility to keep your information accurate and updated. You represent and warrant that you are not a competitor of Favorite Things and are not using the Services in competition with Favorite Things. You further represent and warrant that you are using the Services solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Services, any materials available through the Services, or Favorite Things.
We may provide you updates from time to time and may require you to use the most updated version. Favorite Things shall have the right in its sole discretion to substitute, replace, modify, update or upgrade ("Updates") the Services as Favorite Things deems advisable; and, all such updates shall be incorporated in and subject to this Agreement and shall be the exclusive property of Favorite Things. If Favorite Things shall provide you with any updates, you will be required to utilize such version. Favorite Things will only be required to support the most recent and current version provided to you. Depending on the update, you may not be able to use the Services until you have downloaded the latest version and accepted any new terms that may apply. In case of a conflict between this Agreement and other terms provided with respect to updates, such other terms will prevail. This section will not require Favorite Things to deliver new features and functionality nor any future offerings.
We may provide user support. Favorite Things reserves the right at any time to discontinue, cancel, or modify the technical support provided, if any. If you have questions about Products, please reach out to the appropriate Merchant directly for any questions related to such Products and all aspects of the transactions between you and such Merchants, including to request information about a Merchant's refund policy, returns, fulfilling any sales or customer service, fraudulent transactions, or required legal disclosures.
You agree to receive messages from us, including marketing materials, through the Services or through your contact information, such as email. It is your responsibility to ensure Favorite Things has your current email address. Any notice sent to you via such email address by Favorite Things shall be deemed given, received, and read by you, whether or not it actually is received and/or read. If you purchase Products from Merchants using Linked Technologies or Third Party Apps, you may receive an order confirmation from us. Please note this order confirmation is solely for record purposes; if you have questions about your purchase, reach out to the appropriate Merchant directly.
We may provide relevant content to you and others based on automated processing. Our Services include making suggestions for content that may be interesting to you and others. We use the data you provide and the data we have about other users to make these recommendations.
When you sync your contacts, certain contact information, such as names, phone numbers, and email addresses, is uploaded to and securely stored on our servers to help you seamlessly connect with friends. When you share your phone contacts, we suggest people you know who are already on Favorite Things. If you invite friends and they join, they will follow you automatically.
Your use of Mobile Media may incur separate charges, such as by a carrier. You agree to be solely responsible for any such charges. Certain portions of the Services may be configured for mobile devices, mobile websites, and/or mobile applications (collectively, "Mobile Media"). This Agreement shall apply with equal force and measure to your access and use of the Services through Mobile Media. If you visit, access, or use the Services through Mobile Media, then you hereby acknowledge and agree that information about your use of the Sites or such Apps through a mobile device and/or a mobile device carrier (such as, by way of example only, the identity of the mobile device and/or the mobile device carrier) may be communicated to Favorite Things; and that you accept full responsibility for all mobile device and carrier fees, rates, and charges that may apply, if any. Favorite Things is not responsible for, and you further accept full responsibility for, all mobile device and carrier fees, rates, and charges that may apply, if any.
We may change, suspend, or terminate your use of the Services at our discretion, including associated linking technologies and Third Party Apps (both defined below). Favorite Things may change, suspend or terminate your use of the Services with or without cause or notice to you, including, without limitation, if Favorite Things believes that you have violated or acted inconsistently with the Agreement. In the event of termination, all your representations, warranties, indemnifications, and promises shall survive. Furthermore, sections on claims and dispute will continue to govern any claim or dispute. We may, but do not promise to, store or keep any content that you have provided, liked or posted. Favorite Things shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such discontinuation of services (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).
Favorite Things reserves the right to discontinue the Services or to change the content or any component of the Services in any way and at any time, including test/beta features, and third party applications, integrations, or links, with or without notice to you, and without liability. Favorite Things may at its discretion provide or not provide the Services or any features thereof at any time to you. All features may not be available to all users as Favorite Things may test features, or roll out to select geographies or cohorts, at Favorite Things's discretion.
From time to time, Favorite Things may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to the public ("Beta Services"). Beta Services may be subject to additional terms and conditions, which Favorite Things will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Confidential Information of Favorite Things and subject to the confidentiality provisions in these Terms. Favorite Things makes no representations or warranties that the Beta Services will function. Favorite Things may discontinue the Beta Services, as with any of the Services, at any time in its sole discretion. Favorite Things will have no liability for any harm or damage arising out of or in connection with a Beta Service or any of the Services. The Beta Services may not work in the same way as a final version. Favorite Things may change or not release a final or commercial version of a Beta Service at our sole discretion. Favorite Things makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the Products provided by any Merchant, or other individual, company, or service provider utilizing the Services or featured on the Services and assumes no liability related thereto.
You agree to only use the Services for personal reasons and understand that you may not copy or otherwise use the Services in an unauthorized manner. Subject to your acceptance of this Agreement and your continuing compliance with this Agreement and any other relevant policies, Favorite Things grants to you a personal, non-exclusive, non-transferable, revocable limited license to download, access and use the Services and related software (excluding source and object code) for your non-commercial, personal use on a device or machine(s) of which you are the primary user. You may not copy, rent, lease, lend, sell, assign, transfer, distribute, sublicense or prepare derivative works of any of the Services. If you sell or otherwise transfer to a third party a device on which the Services are installed, you must remove the Services from such device before doing so.
Our Services include content from third parties such as Merchants, which we do not control. Where our Services contain links to other sites provided by third parties, Favorite Things does not control the contents of those sites. Such links should not be interpreted as approval by Favorite Things of those linked websites. We also may use Linked Technologies and/or Third Party Apps for Product sales with certain Merchants. You acknowledge and agree that the Services are not a marketplace, and any contract of sale of Products made through the Services is directly between you and the Merchants. Merchants, not Favorite Things, are the merchants/sellers of record for all Products you purchase through the Services. We disclaim any liability for such content or use.
You understand that Favorite Things does not accept any liability whatsoever for any harm that might result from any statements presented on the Services, and/or Linked Technologies and/or Third Party Apps, including statements and opinions on the Services, Products viewed via the Services, or third-party advertisements or services posted or linked through the Services. You understand that any statements by Favorite Things, its employees, agents, and affiliates are provided for informational purposes only. Favorite Things reserves the right to discontinue the Services or to change the content of the Services in any way and at any time, with or without notice to you, and without liability. Favorite Things makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the Products advertised, offered, or provided by any Merchant, statements made by any users, or other individual, company, or service provider utilizing the Services or featured on the Services and assumes no liability related thereto. Favorite Things does not guarantee the accuracy, integrity, appropriateness, or quality of any third party content, including users or Merchants, and in no way will be liable for any content published, promoted, or linked to by any user or Merchant.
Our Services include the ability to upload or post content including text through the Services or making contact with other users of the Services. At all times, you must comply with this Agreement and the Community Guidelines. You further warrant that any such content does comply with those standards and you will be liable to us and indemnify Favorite Things for any loss or damages we may suffer as a result of your breach of warranty. You further acknowledge that Favorite Things has no obligation to prescreen, monitor, review, or edit any content posted by you and other users on the Services. You further agree and represent that you own any content that you publish or transmit and that you have received all necessary permissions, clearances from, or are authorized by the owner of any part of the content to submit it to the Services. By posting content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your content. Favorite Things has a right to disclose your identity to any third party who is claiming that any content posted by you to our Services constitutes a violation of their intellectual property rights or of their right to privacy. Favorite Things reserves the right to cut, crop, edit, or refuse to publish your content at our sole discretion. Favorite Things has the right to remove, disallow, block, or delete any posting you make on our Services if, in our sole discretion, your post does not comply with this Agreement or the Community Guidelines or in response to complaints from other users or third parties, including Merchants, with or without notice and without any liability to you.
You agree not to copy our Services, circumvent our security, or otherwise engage in prohibited conduct. You agree that systematic retrieval of data from the Services to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Favorite Things is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized by Favorite Things. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Favorite Things or its affiliates without prior express written consent. You may not use any meta tags or any other "hidden text" utilizing Favorite Things name or trademarks without our express written consent.
You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Section or to interfere or attempt to interfere with the proper working of the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host's infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the Services. You agree you will not reverse engineer, disassemble or decompile any Favorite Things prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder. You agree to be bound by any application, forum, or specific rules published within the Services. You agree that you will not use the Services for any unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.
You grant us a non-exclusive license to use your data in connection with the Services and their promotion. You grant to Favorite Things a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, publicly display, archive, and otherwise use and exploit your data, in whole or in part, in any manner, medium, or form, whether now known or hereinafter devised, as Favorite Things sees fit in its sole discretion, and includes without limitation use for the purpose of operating, promoting, and improving the Services. You further grant to Favorite Things all rights necessary to facilitate your use of a third party's site, app or services that require syndication or other use of your data in connection with the Services.
If you choose to share content and/or communications through the Services in areas that others can view, copy, and use, then you do so at your own risk. FAVORITE THINGS IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, THE USE OR DISCLOSURE OF ANY INFORMATION, COMMUNICATION, OR CONTENT THAT YOU VOLUNTARILY SUBMIT THROUGH THE SERVICES OR ANY OF THE APPS IN AREAS THAT OTHERS CAN VIEW, COPY AND USE.
You agree not to behave inappropriately or harass other users. We reserve the right to determine if an act is offensive. Inappropriate content and/or harassment includes anything Favorite Things, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services. It includes, without limitation, content that:
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines. Favorite Things reserves the right, at any time and with or without notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content or use in violation of this Agreement, the Community Guidelines, or otherwise harmful to the Services or our users. Violating this Agreement may also lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed necessary.
Your decision to access Linked Technologies and Third Party Applications is at your own risk. We are not responsible for Third Party activities. The Services may contain links to Third Party sites, networks, platforms or apps ("Linked Technologies"), including but not limited to advertisers and affiliate partners. However, please be aware that Favorite Things is not responsible for and cannot control the terms of service or privacy policies of such other linked technologies. We encourage you to be aware when you leave the Services, and to read the applicable agreements for all linked technologies. The Agreement applies solely to these Services.
Favorite Things is not responsible for and makes no representations or warranties regarding linked technologies, including without limitation, the content, accuracy, opinions, functionality, or services provided in such linked technologies. Inclusion of any Linked Technologies in the Services does not imply approval or endorsement by Favorite Things. If you decide to access any Linked Technologies, then you do so at your own risk.
Favorite Things may, in its sole discretion, provide you with access to third-party applications, which interface with Favorite Things application programming interfaces ("Favorite Things APIs") (for purposes of this Agreement, such third-party applications are "Third Party Apps"). Such Third Party Apps use Favorite Things APIs, but are not endorsed by Favorite Things. Use of such Third Party Apps is voluntary. Use at your own risk. By using Third Party Apps, you may be granting Third Party Apps access rights to your activities, including without limitation related metadata. Favorite Things makes no representations or warranties regarding your use of any Third Party Apps, which shall be governed by a separate agreement between you and the owners of such Third Party Apps. You agree that Favorite Things has no liability whatsoever for the Third Party Apps, including, without limitation, providing continued access to the Favorite Things APIs, technical issues related to the Third Party Apps or their interaction with the Favorite Things APIs, and any damages or claims caused by, arising out of or relating to the Third Party Apps. Favorite Things may change, suspend, or discontinue any aspect of the Favorite Things APIs at any time, including the availability of any Favorite Things APIs. Favorite Things may also impose limits on certain features and services or restrict Developer App's access to parts or all of the Favorite Things APIs or the Favorite Things Services without notice or liability.
AI features may provide links to third-party retailer websites. Favorite Things is not affiliated with, endorsed by, or responsible for these third-party sites. When you click a retailer link, you leave Favorite Things and are subject to that retailer's terms, privacy policy, and practices. We are not responsible for the products, services, content, or practices of any third-party retailer. AI features depend on third-party services (including Anthropic, SerpAPI, and email providers) and internet connectivity. We do not guarantee that AI features will be available at all times, or that they will be error-free. AI features may be temporarily unavailable due to maintenance, service provider outages, or other factors beyond our control. We reserve the right to modify, suspend, or discontinue any AI feature at any time with or without notice. Product information, images, and retailer links sourced from the web are the property of their respective owners. Favorite Things displays this information for informational purposes and does not claim ownership of third-party content.
Eftee is an artificial intelligence assistant, not a human. When you interact with Eftee or use the AI product search feature, you are communicating with an AI system powered by large language models. Eftee is not a real person and does not have personal opinions, feelings, or experiences. Responses are generated by AI technology provided by Anthropic. By using AI features in Favorite Things, you acknowledge that you understand you are interacting with an AI system.
AI-generated content may not always be accurate. While we strive to provide helpful and accurate information, AI features including Eftee and AI product search have inherent limitations:
You should independently verify any product information, pricing, or retailer details before making purchase decisions. Favorite Things is not responsible for purchases made based on AI-generated recommendations or product information.
Eftee's responses and product recommendations do not constitute professional advice of any kind, including but not limited to financial, medical, legal, or safety advice. Product recommendations are not endorsements. Favorite Things does not guarantee the quality, safety, or suitability of any recommended products. You are solely responsible for your purchase decisions.
When using AI features, you agree to:
You retain ownership of the messages you send to Eftee and the product data in your collection. By using AI features, you grant Favorite Things a limited, non-exclusive license to process your content solely for the purpose of providing AI features and services to you.
Responses generated by Eftee, product search results, and other AI-generated content are provided for your personal use within the app. We do not claim ownership of AI-generated responses.
We own our intellectual property and only provide you a limited license to use our Services per this Agreement. You do not acquire any ownership rights by using our Services. Unless otherwise specified, all materials that are part of the Services are owned, controlled, or licensed by Favorite Things and are protected by law from unauthorized use. The entire contents of the Services, including Favorite Things, FT, Eftee, the FT logos, and all designs, are solely owned by Favorite Things and may not be reproduced, copied, or used without the express written permission of Favorite Things. All other trademarks appearing on the Services are the property of their respective owners.
You do not acquire any ownership rights by using the Services or downloading material from or uploading material to the Services. You agree not to (and shall not allow any third party to) reproduce, distribute, publish, prepare derivative works, publicly perform, publicly display, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer or exploit any right in the Services, in whole or in part, except as expressly permitted herein. The limited licenses granted herein do not constitute a sale of the Apps or Sites, or any portion or copy thereof. Rights not expressly granted herein are reserved by Favorite Things. You agree to only use the Services as expressly permitted herein.
You agree to comply with all export laws. You agree to comply with all U.S. and foreign export laws regarding the importation and exportation of goods and services. You represent and warrant that (i) you are not located in any country to which the United States has embargoed goods or has designated as a "terrorist supporting" country; and (ii) you are not listed on any United States list of prohibited or restricted parties.
It is possible that not all Products or Services will be available to you. The content contained in the Services, and the terms, conditions, and descriptions that appear, are subject to change. Not all Products or Services may be available in all geographic areas or to all users.
We may assign our rights and obligations, but you may not. Favorite Things may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without Favorite Things's written consent.
We disclaim any warranties for our Service and provide them AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT ALLOWED BY LAW, FAVORITE THINGS AND ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS (THE "FAVORITE THINGS PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
FAVORITE THINGS PARTIES NEITHER ASSUME NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES. FAVORITE THINGS PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SERVICES OR ANY USER COMMUNICATIONS. FAVORITE THINGS PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES. FAVORITE THINGS PARTIES MAKE NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FAVORITE THINGS PARTIES OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
This is the limit of our legal liability to you, if any.
WHEN PERMITTED BY LAW, FAVORITE THINGS PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE FOREGOING PROVISION MAY HAVE THE EFFECT OF LIMITING THE LIABILITY OF THE FAVORITE THINGS PARTIES FOR THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, FAVORITE THINGS PARTIES' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAVORITE THINGS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF AI FEATURES, INCLUDING BUT NOT LIMITED TO: PURCHASES MADE BASED ON AI-GENERATED PRODUCT RECOMMENDATIONS OR PRICING INFORMATION; INACCURATE, INCOMPLETE OR OUTDATED PRODUCT INFORMATION PROVIDED BY AI FEATURES; LOSS OR UNAUTHORIZED ACCESS TO DATA PROCESSED THROUGH AI FEATURES; AND ACTIONS TAKEN BY THIRD-PARTY RETAILERS LINKED THROUGH AI FEATURES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS FAVORITE THINGS PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, ATTORNEYS' FEES, EXPENSES, AND SETTLEMENTS, WHETHER GROUNDED IN CONTRACT, TORT, STATUTE, LAW OR EQUITY, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES, THE MATERIALS THE SERVICES CONTAIN, ANY SITES OR APPLICATIONS LINKED TO THE SERVICES, ANY ALLEGED VIOLATION OF THE AGREEMENT, AND ANY ALLEGED VIOLATION OF THE RIGHTS OF A THIRD PARTY. THE FOREGOING PROVISION MAY HAVE THE EFFECT OF PROVIDING INDEMNITY TO THE FAVORITE THINGS PARTIES FOR LIABILITY AND DAMAGES ARISING FROM THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN INDEMNIFICATIONS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FAVORITE THINGS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM: (A) YOUR USE OF AI FEATURES IN VIOLATION OF THESE TERMS; (B) YOUR SHARING OF SENSITIVE PERSONAL INFORMATION THROUGH AI FEATURES CONTRARY TO OUR GUIDANCE; OR (C) YOUR VIOLATION OF ANY APPLICABLE LAW IN CONNECTION WITH YOUR USE OF AI FEATURES.
THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AND WE AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS AGREEMENT OR THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THIS AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AND WE AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
It is understood and agreed between the parties to this Agreement that any and all claims, grievances, demands, controversies, causes of action, or disputes of any nature whatsoever, including those related to the issue of arbitration or dispute resolution itself (whether in tort, contract, equity, upon any law, statute, order, regulation, or otherwise) ("Disputes"), arising out of, in connection with, or in relation to (i) this Agreement, (ii) the interpretation or enforceability of this Agreement, or (iii) questions of arbitrability under this Agreement, that cannot be settled by mutual agreement will be finally settled by binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce ("ICC") and the procedures set forth in this Section.
Any party hereto aggrieved will deliver a notice to the other party setting forth the specific points in dispute and invoking the procedures of this Section (the "Dispute Notice"). Within fourteen (14) days from delivery of the Dispute Notice, a representative from each party involved in the dispute will meet virtually or at a mutually agreed location in Delaware or California, for the purpose of determining whether they can resolve the dispute themselves by written agreement. Such meeting shall be held without prejudice to either party.
Any points remaining in dispute within the later of fourteen (14) days from any such initial meeting or within thirty (30) days after the delivery of the Dispute Notice, may be submitted to ICC arbitration conducted in English before a panel of three arbitrators seated and with venue in Delaware or California (provided, that if the arbitrators determine in their reasonable discretion that an arbitration cannot be conducted in-person in such location due to COVID-19 measures or otherwise without jeopardizing the health and safety of either party or the arbitrators, then the arbitration may be conducted either in an alternative location or via telephonic or video conference, as determined by the arbitrators in their reasonable discretion).
The arbitration will proceed according to the Rules of Arbitration of the ICC in force when the Notice of Arbitration is submitted. We and you will each appoint one arbitrator (the "Party-Appointed Arbitrators") and the Party-Appointed Arbitrators will appoint the third and presiding arbitrator within fourteen (14) days of the appointment of the second arbitrator; provided, that any arbitrator not timely appointed herein will be appointed in accordance with the ICC Rules of Arbitration upon the written demand of any party. The arbitrators may enter a default decision against any party that fails to participate in the arbitration proceedings. The arbitrators shall have authority to grant injunctive or other forms of equitable or interim relief to either party where such remedies are permitted by applicable law. Any interim measures granted will be fully enforceable as an arbitration decision in any court of competent jurisdiction.
The arbitrator shall issue a written, reasoned award within twenty (20) calendar days from the close of the hearing, or within twenty (20) calendar days of service of post-hearing briefs if the arbitrator directs the service of such briefs. The arbitrator's award will be a final and binding determination of the dispute and will be fully enforceable as an arbitration decision in any court having jurisdiction over such parties. The prevailing party or parties (as determined by the arbitrator) will in addition be awarded such party's or parties' own legal fees and expenses in connection with such proceeding, except that the parties will pay the arbitrator's fees and expenses in equal shares. Damages that are inconsistent with any applicable agreement between the parties, that are punitive in nature, or that are not measured by the prevailing party's actual damages shall be unavailable in arbitration or any other forum.
Each party and, as applicable, the arbitrators will keep confidential, and will not disclose to any person, except the parties' respective advisors and legal representatives, or as may be required by applicable law, the existence or content of any Dispute under this Section, the referral of any such controversy to arbitration or the status or resolution thereof. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against Favorite Things.
For any and all matters not subject to mandatory, binding arbitration as set forth above, the laws of the state of Delaware (USA), without application of conflict of law provisions, will apply to any disputes arising out of or relating to this Agreement or the Services. Location of dispute resolution will be selected by Favorite Things Parties. All claims arising out of or relating to this Agreement, or the Services will be litigated exclusively in the federal or state courts of Delaware or California, to be chosen by Favorite Things Parties. The Agreement is fully performable in Delaware or California. The parties consent to personal jurisdiction in Delaware or California, to be chosen by Favorite Things Parties, and hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Delaware or California. Notwithstanding the foregoing, Favorite Things may institute proceedings for equitable relief in any court of competent jurisdiction.
Each party to this Agreement acknowledges and agrees that any controversy that may arise under this Agreement is likely to involve complicated and difficult issues, and therefore irrevocably and unconditionally waives, to the fullest extent permitted by law, any right to trial by jury in any action, suit or proceeding (i) arising under this Agreement or (ii) in any way connected with or related or incidental to the dealings of the parties hereto in respect of this Agreement, in each case whether now existing or hereafter arising, and whether in contract, tort, equity, or otherwise (including, for the avoidance of doubt, any seeking equitable relief). Each party certifies and acknowledges that (a) no representative, agent, or attorney of any other party has represented, expressly or otherwise, that such other party would not, in the event of litigation, seek to enforce either of such waivers, (b) it understands and has considered the implications of such waivers, and (c) it makes such waivers voluntarily.
If you downloaded the Apps from Apple's App Store, then please review these additional terms. The following addresses certain matters with respect to Apple Inc. ("Apple") and/or the so-called "Usage Rules" set forth in Apple's App Store Terms of Service (located at apple.com/legal/internet-services/itunes/us/terms.html, last updated September 15, 2025) as of the effective date hereof ("Apple's Usage Rules").
If you download, access, or use any of the Apps from or through Apple's App Store, then the limited license granted to you hereunder with respect to such Apps is hereby amended to add the following restriction: you may not use such Apps on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control, or in any manner that is contrary to Apple's Usage Rules.
The Apps are a "Commercial Item" as that term is defined in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable, Commercial Computer Software and Commercial Computer Software Documentation are licensed to the U.S. Government users (i) only as Commercial Items and (ii) only with those rights granted to other users under this Agreement. Unpublished rights are reserved under the copyrights of the United States.
Favorite Things Parties shall not have any liability for any failure to perform obligations under this Agreement if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of Favorite Things Parties or such other party.
If any provision of the Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore. Favorite Things's failure to require or enforce strict performance of any provision or to exercise any right under the Agreement shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
We may update these terms from time to time to reflect changes to our AI features, third-party services, or legal requirements. When we make material changes, we will notify you through the app or by email. Your continued use of AI features after such notification constitutes acceptance of the updated terms. If you do not agree with the updated terms, you should discontinue use of AI features.
Any notices or communications sent by you to Favorite Things pursuant to this Agreement must be in writing and sent to the address specified herein or such other address as Favorite Things may specify in writing.
ATTN: Legal — Favorite Things
30700 Russell Ranch Road, Suite 250, Westlake Village, CA 91362