The Website and Services are offered and available to users who are 18 years of age or older. By using the Website or the Services, you represent and warrant that you are of legal age to form a binding contract with Fig & Wally and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Services.
Accessing the Website
We reserve the right to withdraw or amend the Website or the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to the Services or some parts of the Website, or entire Website to users.
To access certain features or areas of the Website or Services, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Website or Services are only available to our registered users, and to access those areas of the Website you will be required to log in using a username and password.
If you utilize Fig & Wally’s Website or Services, you are responsible for maintaining the confidentiality of and restricting access to your account and password. You expressly agree that you are responsible for all activities that take place through your account. You are prohibited from assigning or otherwise transferring your account to any other person or entity. You expressly acknowledge that Fig & Wally is not responsible for any third party access to your account resulting in any harm or loss to you. Fig & Wally reserves the right to refuse or cancel its services, terminate your account or remove or edit content within our sole discretion.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for us to suspend or terminate your account and refuse you service in the future. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
Payments – Cash Gifting
In addition to and without limiting anything contained herein, if you use any cash gifting feature or similar product (each, a “Cash Gifting Service”), you agree to the following:
- Users acknowledge that they are submitting payment directly to the Beneficiary (via a third-party payment service or any other payment method) and therefore we are not responsible for lost payments, identity theft, fraud or refunds.
- In order for a Beneficiary to receive cash or other payment from a User, the Beneficiary will be required to link their payment account with a third-party payment processor. In addition, each User will complete every form, document and online entry field in connection with a Cash Gifting Service and represents and warrants that all such information provided therein will be true, correct and complete.
Intellectual Property Rights
The Services and the Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Fig & Wally, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or Services or materials available through the Website or Services.
If you wish to make any use of material on the Website or in connection with the Services other than that set out in this section, please address your request to: reachus[at]figandwally[dot]com.
Fig & Wally’s name, the Fig & Wally logo and all related names, logos, product and service names, designs and slogans are trademarks of Fig & Wally or its affiliates or licensors. You must not use such marks without the prior written permission of Fig & Wally. All other names, logos, product and service names, designs and slogans on the Website or in connection with the Services are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Fig & Wally, a Fig & Wally employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm Fig & Wally or Users of the Website or Services or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You
All information we collect on the Website or through our Services are subject to our Privacy Statement [https://figandwally.com/privacy-policy/]. By using the Website or the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.
Affiliation with Amazon.com
Fig & Wally is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. By using our Website and Services you agree to the application of affiliate status for any products on Amazon.com linked to our website.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Links from the Website
If the Website contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Website linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Website.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, WEBSITE OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, WEBSITE, THEIR CONTENT AND THE PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN RISK. THE SERVICES, THE WEBSITE AND THEIR CONTENT AND THE PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIG & WALLY NOR ANY PERSON ASSOCIATED WITH FIG & WALLY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER FIG & WALLY NOR ANYONE ASSOCIATED WITH FIG & WALLY REPRESENTS OR WARRANTS THAT THE SERVICES, THE WEBSITE, THEIR CONTENT OR THE PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
FIG & WALLY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE RELATED TO THE WEBSITE OR THE SERVICES, PRODUCTS OR ITEMS OFFERED THROUGH THEM.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL FIG & WALLY, ITS AFFILIATES OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The foregoing disclaimers apply to the maximum extent permitted by law.
The Website is controlled, operated and administered by Fig & Wally from our United States offices. If you access the Website from a location outside the United States, you are responsible for and agree to comply with all local laws.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Class Action Waiver
Waiver and Severability
Your Comments and Concerns
The Website is operated by Fig & Wally Inc. located at 535 Griswold Street, Suite 111-154, MI, U.S. 48226.
All notices of copyright infringement claims should be sent to the copyright agent at the following address: 535 Griswold Street, Suite 111-154, MI, U.S. 48226.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: 535 Griswold Street, Suite 111-154, MI, U.S. 48226.