Last updated: March 1, 2025

Thank you for choosing to use the EveryFave Platform, made available through our website at www.everyfave.com (the "Platform"), and the associated services available on the Platform, including, but not limited to, business marketing and promotion, online browsing, interactive services and other services which we may add or remove from time to time (collectively, the "Services"). The Platform is owned and operated by EveryFave Incorporated ("EveryFave", "we", "us" and "our"). Your use of the Platform is governed by these Terms and Conditions of Use (these "Terms").

Our Platform is intended solely for Users who are 13 years old or older. Any access to, or use of, the Platform by anyone under 13 years of age is expressly prohibited. By accessing or using the Platform, you represent and warrant that you are 13 years of age or older.

PLEASE READ THESE TERMS CAREFULLY. OUR Privacy Policy IS INCORPORATED\ INTO AND FORMS PART OF THESE TERMS. THESE TERMS FORM A LEGALLY BINDING\ AND ENFORCEABLE AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR\ PLATFORM AND/OR SERVICES. BY USING OUR PLATFORM AND/OR SERVICES, YOU\ ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH AND\ BE BOUND BY THESE TERMS.

We reserve the right to update, modify, or replace these Terms at any time by posting updates and/or changes to our Platform. This includes, but is not limited to, modifying, altering, updating, or adding services from time to time, and working with any new or existing third parties as necessary to provide our Services to you. Your use of the Platform will be subject to the then-current version of the Terms and any other policy or guideline posted or referenced on our Platform at the time of such use. It is your responsibility to check these Terms from time to time to ensure that you are up to date on any changes which may affect you. Where applicable, we will notify you at your account email address of any material changes to these Terms. YOUR CONTINUED USE OF THE PLATFORM FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO THE TERMS OR TO ANY UPDATED TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR PLATFORM OR SERVICES.

• GENERAL

  As part of our Services, our Platform enables consumers and end users ("Customers") to discover local products, services, events, offers, and promotions; access various browsing features, receive personalized recommendations; provide customer reviews with respect to participating Businesses; and follow and interact with participating Businesses.

  "Businesses" may include local restaurants, stores, and any other merchants offering products or services to Customers, that have been registered on the Platform and approved by us (in our sole discretion). Our Platform and Services enable Businesses to (among other things) showcase their business, market and promote product and service offerings, share promotional offers and details, and engage with their communities.

  Collectively, Customers and Businesses constitute "Users" of the Platform, and these Terms apply to all Users. For greater clarity, unless the context indicates otherwise, the terms "user", "you", and "your" refer to the Users of the Platform.

  You agree not to reproduce, duplicate, copy, sell, resell, distribute, lease or exploit the Platform, or any portion of the Platform, without express written permission from us. You may not use the Platform for any illegal or unauthorized purpose nor may you, in the use of the Platform, violate any laws in your jurisdiction. You must not transmit or insert any worms or viruses or any code of a destructive nature on or through the Platform.

• PRIVACY POLICY

  Your privacy is important to us. Our Privacy Policy governs our collection, use, storage, and disclosure of your personal information and is hereby incorporated into and forms part of these Terms. You acknowledge and agree that by providing us with your personal information when you use our Platform or Services, or contact us, you consent to the collection, use, retention, and disclosure of such information in accordance with our Privacy Policy, or for the purposes identified to you at the time you provided the personal information.

• ACCOUNT REGISTRATION AND SECURITY

  REGISTERED CUSTOMER ACCOUNTS

  As part of our Services, Customers may browse the Platform and discover local products, services, events, offers, and promotions. Customers may choose to register for an account on our Platform ("Registered Customers") in order to gain access to additional features, including but not limited to, receiving personalized recommendations and the ability to provide customer reviews of participating Businesses.

  By creating a user account or submitting any information to the Platform, you (as a Registered Customer) represent and warrant that the information you provide to us is true, accurate, up-to-date, and complete, and you agree to promptly update such information should it change. If we suspect at any time that the information that you have provided is not correct, current, or complete, we have the right to refuse, suspend, or terminate your access to the Platform or Services.

  You are responsible for maintaining the confidentiality of your registration and Customer account information (including without limitation and as applicable, any login information). You are responsible for the activity which occurs under your user account and password at all times, whether or not authorized by you. You shall not permit others to use your user account or password or to use the Platform or Services in any manner or for any purpose that violates these Terms. You may not transfer your user account to anyone without EveryFave's prior written approval. You may be held liable for losses incurred by us or any other party for any unauthorized use or misuse of your user account and password by anyone other than you.

  EveryFave currently offers registration to Customer accounts at no charge. We reserve the right to develop premium membership models which may impose charges in future, but will only do so with ample notice to you.

  You agree to immediately notify us of any unauthorized use of your Customer account and password, or any other breach of security that is suspected, known to you, or becomes known to you. If you believe someone has accessed your user account without your authorization, it is your responsibility to inform us and set up a new password. Please contact us as set out below in Section 24 (Contact Us) if you are aware of any actual or suspected unauthorized use of your account. If you use or attempt to use any other person's name, account information, or attempt to impersonate someone else, any such activity is in violation of these Terms and may subject you to civil and/or criminal liability.

  BUSINESS ACCOUNTS

  Businesses must register for an account ("Business Account") in order to use our Platform and generate a business profile. A Business Account allows each Business to post and update content, descriptions, photos, promotional materials, advertising materials, and other information about the Business on the Platform that may be viewed by other users ("Business Information"). Each Business is responsible for all Business Information submitted or posted through its Business Account. Businesses may not transfer their Business Account to any other User without EveryFave’s prior written approval.

  EveryFave currently offers registration to Business Accounts at no charge. We reserve the right to develop premium membership models which may impose charges in future, but will only do so with ample notice to you.

  As a Business, you agree that you will:

  • not upload or post any Business Information on the Platform that we determine in our sole discretion to be false, misleading, unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or violates any third party’s intellectual property or these Terms;

  • not create a Business Account for anyone other than for the Business you have the legal authority to represent;

  • not create another Business Account without our permission if we disable your Business Account for any reason;

  • not create another Business Account without our permission if we disable your Business Account for any reason;

  • not use the Services without authorization, and you will not assist anyone in gaining unauthorized access to the Services, including but not limited to any servers or accounts to which such person is not authorized to access;

  • access only the Services to which you have been authorized to access, and you will not log into any servers or accounts which you are not authorized to access;

  • not share your password, let anyone else access your Business Account, or do anything else that might jeopardize the security of your Business Account;

  • provide us with your valid physical address for Business verification purposes (and you acknowledge and agree that post office boxes do not constitute a valid physical address); and

  • maintain your Business Account with accurate and up-to-date information, including, updating (as frequently as possible) your contact information and Business Information.

  You agree to immediately notify us of any unauthorized use of your Business Account and password, or any other breach of security that is suspected, known to you, or becomes known to you. If you believe someone has accessed your Business Account without your authorization, it is your responsibility to inform us and set up a new password. Please contact us as set out below in Section 24 (Contact Us) if you are aware of any actual or suspected unauthorized use of your Business Account. If you use or attempt to use any other person’s name, account information, or attempt to impersonate someone else, any such activity is in violation of these Terms and may subject you to civil and/or criminal liability.

• CUSTOMER CARE

  Statements and information about products or services on the Platform are made for informational purposes only and do not constitute representations, warranties or conditions, express or implied, statutory or otherwise concerning such products. The inclusion of any products on the Platform does not imply or warrant their availability at any particular time or that the listed attributes are accurate or complete. We cannot guarantee any quality, feature, characteristic, or detail of actual products will be accurate. We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Platform by any User or third party. All features, content, specifications, availability, products, and services described or depicted on the Platform are subject to change at any time without notice.

  Businesses shall be solely responsible for customer care in respect of any issues relating to their products and/or services displayed on the Platform. For greater certainty, EveryFave is under no obligation to offer customer care in respect of any such issues.

• OWNERSHIP OF THE PLATFORM

  Any and all information used or displayed on our Platform, including text, graphics, interfaces, designs, files, logos, icons, pictures, illustrations, artwork, trade names, trademarks, service marks, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials ("Platform Content"), are:

  • owned or used under license by us, or we have received authorization from the owners of such rights to use such Platform Content; and

  • protected by copyright, trademark, or applicable laws.

  You are hereby authorized to display and to use Platform Content on your device as part of the expected and ordinary use of the Platform. Without limiting the generality of the foregoing, you shall not:

  • copy, modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post, or otherwise use any of the Platform Content or underlying ownership rights or copyrights for commercial purposes without our prior written consent; and

  • remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

  Certain content of the Platform, including, but not limited to, text, graphics, logos, icons, and photographs is owned or provided by third parties ("Third Party Content"). You understand that you have no proprietary rights in the Third Party Content and that each third party retains all proprietary rights, title and interest including copyright, in their respective Third Party Content. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any of the Third Party Content without the prior written consent of such third parties.

  Under no circumstances will we be liable in any way to you for any Platform Content or Third Party Content, including but not limited to, any errors or omissions in such Platform Content or Third Party Content, or for any loss or damage of any kind, incurred as a result of the use of any Platform Content or Third Party Content downloaded, e-mailed, or otherwise transmitted to you via the Platform.

• USE OF THE PLATFORM

  GENERAL

  By submitting, uploading or posting any photos, videos, descriptions, notes, comments, information, reviews, concepts or other material (collectively, "Submitted Content") to the Platform or granting any other person including EveryFave the right to do so, you hereby grant EveryFave and our successors and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, unrestricted license to use, adapt, publish, distribute, translate, reproduce, store, modify, transmit, publicly perform or display and create works derived from or based upon such Submitted Content in any and all media, whether now known or hereafter devised, for any purposes, without any duty to account to you in connection with the any such use or in respect of the Platform.

  In addition, you irrevocably waive all of your moral rights as author in respect of such Submitted Content, however arising.

  If any of the Submitted Content is the property of any third party or any third party having any interests therein, you represent, warrant and covenant to us that you have all rights and permissions necessary to post, upload or submit such Submitted Content to us and to grant license to us and to waive the rights provided for herein.

  We may, but have no obligation to, notify you of, monitor, edit, or remove Submitted Content that we determine in our sole discretion to be false, unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any third party’s intellectual property or these Terms.

  We make no representations concerning any Submitted Content posted by Users through the Platform and you hereby release us from all liability relating to such Submitted Content.

  For greater certainty, Submitted Content includes, but is not limited to, Business Information.

  You further hereby acknowledge and agree that:

  • the Platform is not intended to be used for, and you shall not use the Platform for, the advertisement or promotion of alcohol, drugs, cigarettes, or any other restricted goods or services; and

  • the following types of products and related services (collectively, "items") are prohibited or restricted from advertisement on the Platform: (a) narcotics, drugs, and drug paraphernalia (including fixtures and accessories for the production, modification, processing, or consumption of such items); (b) dangerous items (e.g., firearms, hazardous materials, explosives, recalled items, weapons, ammunition, fireworks); (c) humans or respective parts, debris, or bodies; (d) wildlife, including organs and skins; (e) hate items (e.g., items that promote, support, or glorify hatred); (f) offensive or discriminate items based on race, religion, gender, nationality, and/or sexual orientation; (g) items that promote or incite any form of violence; (h) items that threaten sovereign states or their symbols; (i) illegal or restricted items, or items that promote illegal activity; (j) internationally regulated items; (k) replicas and fake products that infringe on copyright laws, patents, trademarks, designs, industrial designs, and trade secrets; (l) products that infringe laws protecting prehistoric, artistic, numismatic property; historic or archaeological interest; libraries; and collections of documents; (m) personal databases or identification; hacking and cracking; false information; viruses or any other technologies that may harm other users; (n) pornographic, erotic, or other products which are unsuitable for minors, or other goods or services contrary to morals and good customs; and (o) any other products or services that violate applicable laws.

  BUSINESSES

  If you are a Business, you further hereby acknowledge and agree that:

  • you will inform your customers about EveryFave’s Platform and Services, and are responsible for providing your customers with information about our Platform and/or Services should they request it;

  • you are solely responsible for all Customer care relating to your products and/or services offered within the Platform;

  • you represent and warrant that any Submitted Content you provide to us is true, accurate, up-to-date, and complete, and you agree to promptly update such information and/or content should it change;

  • your products and/or services, Submitted Content, and use of the Platform must comply at all times with these Terms, our other applicable terms and policies and any applicable laws, rules, and regulations; and

  • in connection with your use of the Platform and Services, you are responsible for: (a) complying with all applicable laws, rules, and regulations; (b) obtaining all required licenses, consents, and/or authorizations from governmental authorities or third parties; and (c) upon our reasonable request, providing copies of any required licenses, consents, authorizations, and/or other documentation.

• PROHIBITED USES

  You agree that you shall use the Platform only for lawful purposes, and that you will not access or use, or allow others to access or use the Platform:

  • to use, share, host, copy, distribute, display, publish, download, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including any materials which encourage conduct that would constitute a criminal offence or give rise to civil liability, infringe other’s intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law;

  • to e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotion materials, "junk mail," "spam", "chain letters," "pyramid schemes," or any other form of solicitation;

  • to upload, e-mail, post, make available, provide access, or otherwise transmit on the Platform any material that contains software viruses, worms, "Trojan Horses", or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of the computer software or hardware or telecommunications equipment;

  • in any manner which could interfere with or disrupt the Platform or networks connected to the Platform, including attempting to interfere with the access of or any other use of the host or network, including without limitation, overloading, engaging in "denial of service" attacks, "spamming" or "crashing" the Platform or disobeying any requirements, procedures, policies or regulations of networks connected to the Platform;

  • to hack or circumvent any system feature including any experimentation, inspection, decrypting, decompiling, disassembling or reverse engineering any portion of the Platform for any reason;

  • to obtain or attempt to obtain any material or information through any means not intentionally made available to you through the Platform;

  • to modify, adapt, copy, license, distribute, create derivative works from, transfer, sell, reverse engineer, decompile or disassemble any portion of the Platform;

  • to collect, use, store or disclose personal information about other Users without the consent of the owner of the information;

  • to use or attempt to use another User’s account without authorization from us, or create or use a false identity;

  • to solicit others to perform or participate in any unlawful acts;

  • for any purpose that is unlawful, harmful, or otherwise objectionable, including any conduct that would constitute a criminal offence or incur civil liability, infringe others’ intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable law; or

  • for any purpose other than the purposes outlined in these Terms, without express prior written permission from us.

  You agree not to access the Platform from any jurisdiction where its use or content is illegal. You agree that EveryFave is not responsible for compliance with any foreign laws that may be applicable to the Platform or your use of the Platform.

• MODIFICATIONS TO THE PLATFORM OR SERVICES

  We reserve the right to add, modify, or discontinue, temporarily or permanently, any part of the Platform and Services, and to restrict or prohibit access to the Platform or Services, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or Services. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of our Platform at any time without notice, but confirm that we have no obligation to do so.

• THIRD PARTY HYPERLINKS

  The Platform may contain hyperlinks to websites operated by parties other than us ("Third Party Links"). These hyperlinks do not imply any endorsement by us of or any affiliation with the hyperlinked website. The existence of Third Party Links on our Platform is not, does not, and should not be construed as an endorsement or representation by us of any kind and you acknowledge and agree that we are not liable or responsible for them in any way, nor are we responsible or liable, directly or indirectly, for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions made in connection with any Third Party Links. We also are not responsible for third-party privacy practices or policies, and encourage you to review the third party’s terms, conditions, and privacy practices and policies carefully. Your access and use of Third Party Links, including any information, content, material, products, and services therein, is solely at your own risk.

• DISCLAIMER

  YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PLATFORM, THE PLATFORM CONTENT, AND THIRD PARTY CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED REPRESENTATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, AVAILABILITY OF THE SERVICES, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NON-INFRINGEMENT. THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAKE, AND THERE ARE, NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE PLATFORM, PLATFORM CONTENT, SUBMITTED CONTENT, OR THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE PLATFORM. WE SPECIFICALLY DISCLAIM ANY REPRESENTATION, WARRANTY, OR CONDITION AS TO THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE PLATFORM CONTENT, SUBMITTED CONTENT, AND THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE PLATFORM FOR ANY PURPOSE WHATSOEVER. FURTHERMORE, WE MAKE, AND THERE ARE, NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS:

  • THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS;

  • THAT THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR

  • CONCERNING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR SERVICES.

  ANY PLATFORM CONTENT OR THIRD PARTY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AND USED AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE USE OF THE PLATFORM CONTENT OR THIRD PARTY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN.

• EXCLUSION OF LIABILITY

  IN NO EVENT, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY, OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, SHALL EVERYFAVE OR OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, CONSULTANTS, LICENSORS, SERVICE PROVIDERS, OR ADVISORS (COLLECTIVELY, "REPRESENTATIVES") BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER OR FOR DAMAGES CHARACTERIZED AS LOSS OF PROFITS, LOSS OF INCOME, LOSS OF REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, OR FAILURE TO REALIZE UNEXPECTED SAVINGS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

  FOR GREATER CERTAINTY, THE DAMAGES THAT ARE EXCLUDED UNDER THE FIRST PARAGRAPH OF THIS SECTION INCLUDE DAMAGES RESULTING FROM:

  • YOUR ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE PLATFORM, PLATFORM CONTENT, OR ANY THIRD PARTY CONTENT OR ANY WEBSITE TO WHICH YOU HYPERLINK FROM THE PLATFORM;

  • ANY THIRD PARTY CLAIMS THAT THE ACCESS OR USE BY YOU OF THE PLATFORM, THE PLATFORM CONTENT, OR THE THIRD PARTY CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT;

  • ANY FAILURE OF PERFORMANCE OF THE PLATFORM, THE PLATFORM CONTENT, OR ANY THIRD PARTY CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSIONS, COMPUTER VIRUSES, OR LINE FAILURE;

  • ANY DELIVERY, HOSTING, OR ANCILLARY SERVICES OR FACILITIES OF THIRD PARTY PROVIDERS USED BY US; OR

  • ANY OTHER MATTERS RELATING TO THE PLATFORM, PLATFORM CONTENT, OR ANY THIRD PARTY CONTENT

  EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

  CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS PROVIDED FOR IN THESE TERMS OF USE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW.

• INDEMNIFICATION AND RELEASE

  You agree to indemnify and hold harmless EveryFave and our Representatives from and against any claims, demands, actions, threats, liabilities, losses, judgements, proceedings of any kind, damages, costs, and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from: (i) your use or misuse of the Platform, the Platform Content, or the Third Party Content; (ii) your violation of these Terms; (iii) your violation of any applicable laws or the rights of a third party; (iv) violation of these Terms by any person using your account; and (v) any actions you take, directly or indirectly, that cause harm or damage to us, our Platform, our systems, communications networks and technology, or to any other party. You agree to assist and co-operate as fully as reasonably required by us or our Representatives in the defense of any such claim and demand.

  If you have a dispute with one or more Users or parties in association with the Platform or Services, you release us and our Representatives from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from, or in any way connected with such disputes. For greater certainty, you release us and our Representatives from any and all claims related to products or services obtained through the Platform, including, but not limited to, claims related to defective products or failed transactions, false or misleading representations or advertising by Businesses, products that cause physical or property injury, and any product liability claims.

• TERMINATION

  These Terms are effective until terminated or replaced by us, with or without cause, in our sole and exclusive discretion. We may refuse to grant you access to the Platform or Services if you fail to comply with any of these Terms. We reserve the right to terminate or suspend your account and/or use of the Platform, Services, or any portion thereof at any time, for any reason, with or without cause. If we terminate your user account and/or access to the Platform or Services (or any portion thereof), we will notify you at the then-current email address for you on file with us, if applicable, and you may not try to access the Platform again without our prior written approval. Any such termination shall be in addition to and without prejudice to such rights or remedies as may be available to us, including injunction and other civil or equitable remedies of relief.

  If these Terms or your permission to use our Platform or Services are terminated for any reason, then: (a) these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Platform and anything connected with, relating to, or arising from that use; and (b) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time.

  EveryFave may, in its sole discretion, but is under no obligation to, reinstate a suspended or terminated account.

• SURVIVAL

  Any provision of these Terms which must survive to allow us to enforce its plain meaning shall survive as long as necessary to be effective to allow and enable us to do so.

• APPLICABLE LAW

  These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein (excluding any conflict of laws rules or principles). The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising from, connected with, or relating to these Terms, and you irrevocably submit and consent to the exclusive jurisdiction of those courts in respect of such disputes.

• ENTIRE AGREEMENT

  These Terms and Conditions of Use, including our Privacy Policy constitute the entire agreement between us and you in connection with your use of the Platform and Services, and supersedes any prior understandings or agreements (whether oral or written), claims, and representations with respect to your use of the Platform and Services. These Terms may not be amended or modified by you, except with our prior written consent.

• ASSIGNMENT

  You may not assign or otherwise transfer your rights, duties, or obligations hereunder without our prior written consent.

• AGENCY

  Nothing in these Terms will be construed to constitute any User or similar party as a partner, joint venturer, franchisee, employee, agent, or representative of EveryFave. No User will have any right to act as an agent of EveryFave or create any obligation for or on behalf of EveryFave.

• SEVERABILITY

  If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and the other provisions of these Terms shall remain in full force and effect.

• NO WAIVER

  We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us against whom such waiver is invoked. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

• RIGHTS

  All rights not expressly granted herein are reserved.

• INTERPRETATION

  Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. Headings are purely for reference and shall not limit or otherwise affect the meaning of any term or condition. A reference to any applicable law is to that applicable law as now enacted or as the same may from time to time be amended, re-enacted or replaced. Where the context so requires or permits: the terms "hereof", "hereunder", and similar expressions refer to these Terms and not to any particular section or other portion hereof; where the word "including" or "includes" is used in these Terms, it means "including (or includes) without limitation"; and words importing the singular include the plural and vice versa and words importing gender include all genders.

• FORCE MAJEURE

  EveryFave shall not be liable for delays, suspension, and/or interruption in its provision of the Services that are caused by any event or circumstances beyond EveryFave’ reasonable control, including, without limitation, acts of God, acts of government, war, storms, floods, fire, explosions, earthquakes, civil unrest, riots, pandemics, acts of terror, strikes or other labour disruptions, Internet service failures or delays, or the unavailability by third parties of telecommunications or hosting infrastructure or third party websites.

• CONTACT US

  If you have questions or comments about our Platform or these Terms, or would like to submit any reports of violations of these Terms, please contact us at: support@everyfave.com