1. Ownership of the Digital Channels
2. Access to Digital Channels, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Digital Channels, deep-link to any feature or content on the Digital Channels, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Digital Channels.
Violations of system or network security may result in civil or criminal liability. FamilyQ will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of these Digital Channels or any activity being conducted on these Digital Channels.
3. Accuracy and Integrity of Information; Colors
Although FamilyQ attempts to ensure the integrity and accuracy of the Digital Channels, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Digital Channels and Content thereon. It is possible that the Digital Channels could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Digital Channels by third parties. In the event that an inaccuracy arises, please inform FamilyQ so that it can be corrected. FamilyQ reserves the right to unilaterally correct any inaccuracies on the Digital Channels without notice. Information contained on the Digital Channels may be changed or updated without notice. Additionally, FamilyQ shall have no responsibility or liability for information or Content posted to the Digital Channels from any non-FamilyQ affiliated third party.
We have made significant efforts to accurately display the colors of our products that appear on the Digital Channels, if any. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
4. Typographical Errors and Incorrect Pricing
In the event any details regarding a product or service, including the price, are listed incorrectly due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any product requests, orders or shipments for products or services listed incorrectly. We shall have the right to refuse or cancel any such requests or orders whether or not the request or order has been confirmed and your credit or debit card charged, if applicable. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
5. Product Request, Order and Shipment Acceptance
You may request or order, using our Digital Channels, products to be provided to you. Such request or order does not obligate FamilyQ in any way to grant such request, fulfil such order or provide any products to you. We reserve the right, at our sole discretion, to select product recipients, refuse products or services to anyone, or cancel any product requests, orders or shipments, for any reason. Some situations that may result in your order being canceled include limitations on quantities available for donation or purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any request or order. We will contact you if all or any portion of your request or order is canceled or if additional information is required to accept your request or order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. For those products that we provide free of charge, such as personal protective equipment, we are focused on providing such products to those in the most marginalized and stigmatized communities, and will generally strive to prioritize requests and shipments based on the level of urgency and risk in those communities, as determined in our sole discretion.
FAMILYQ, FAMILYMASKHK, GLOBAL CITIZEN CAPITAL, HAUSWIRTH LLC, AND OUR OTHER SPONSORS, LICENSORS, AND SERVICE PROVIDERS, INCLUDING NINA WEST FOUNDATION AND GENDERPROUD, AND ALL RESPECTIVE AFFILIATES THEREOF, MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ALL PRODUCTS ARE PROVIDED "AS IS," WITH ALL FAULTS, AND IN NO EVENT SHALL FAMILYQ BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTIAL, OR PUNITIVE LOSS, DAMAGE, OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT REQUEST, PRODUCT SHIPMENT, THE PRODUCTS THEMSELVES, OR YOUR USE OF THE PRODUCTS. SUCH LIMITATIONS ON LIABILITY APPLY EVEN IF FAMILYQ IS ADVISED OF THE POSSIBLIITY OF SUCH DAMAGES.
YOU HEREBY WAIVE, RELEASE, AND DISCHARGE ANY AND ALL CLAIMS FOR DAMAGES FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, ANY CLAIM IN TORT, OR ANY OTHER CLAIM, REGARDLESS OF LEGAL THEORY, THAT MAY HEREAFTER ACCRUSE AS A RESULT OF THE USE OF OUR PRODUCTS.
6. Quantity Limits and Dealer Sales
7. Online Payments
You can purchase products and/or services on the Digital Channels. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Company may obtain preapproval for an amount up to the amount of the payment. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
8. Export Policy and Restriction
You acknowledge that the products and Content which are sold or licensed on the Digital Channels, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By downloading or using technology or software from the Digital Channels, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By receiving any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless FamilyQ from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
9. Links to Other Sites
FamilyQ makes no representations whatsoever about any other website that you may access through these Digital Channels. When you access a non-FamilyQ website, please understand that it is independent from FamilyQ, and that FamilyQ has no control over the content on that website. In addition, a link to a non-FamilyQ website does not mean that FamilyQ endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to these Digital Channels, you do this entirely at your own risk.
10. Disclaimer of Warranties Relating to the Digital Channels
FAMILYQ DOES NOT WARRANT THAT ACCESS TO OR USE OF THE DIGITAL PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE DIGITAL PRODUCTS WILL BE CORRECTED. THESE DIGITAL PRODUCTS, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY DIGITAL PRODUCTS-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. FAMILYQ DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE DIGITAL PRODUCTS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE DIGITAL PRODUCTS, DIGITAL PRODUCTS-RELATED SERVICES, AND LINKED WEBSITES. FAMILYQ DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
11. No Medical Advice
The content of the Digital Channels, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. FamilyQ does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Digital Channels. Reliance on any information appearing on the Digital Channels, whether provided by FamilyQ, its content providers, its clients, visitors to the Digital Channels or others, is solely at your own risk.
12. Limitation of Liability Regarding Use of Digital Channels
FAMILYQ AND ANY THIRD PARTIES MENTIONED ON THESE DIGITAL PRODUCTS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL PRODUCTS, DIGITAL PRODUCTS-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE DIGITAL PRODUCTS, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL PRODUCTS, DIGITAL PRODUCTS-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE DIGITAL PRODUCTS AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF FAMILYQ TO YOU WITH RESPECT TO YOUR USE OF THESE DIGITAL PRODUCTS IS $500 (FIVE HUNDRED DOLLARS).
13. Dispute Resolution; Arbitration Agreement.
We will try work in good faith to resolve any issue you have with the Digital Channels, including products and services requested or purchased through the Digital Channels, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
If you desire to assert a claim against FamilyQ, and you therefore elect to seek arbitration, you must first send to FamilyQ, by certified mail, a written notice of your claim ("Notice"). The Notice to FamilyQ should be addressed to: FamilyQ, 3712 N Broadway #364, Chicago, IL 60613
YOU AND FAMILYQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FamilyQ agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
14. Revisions; General