Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Grace & Berty LLC (“Grace & Berty“, “we” or “us”). Grace & Berty LLC has registered the assumed name of Fig & Wally and operates the figandwally.com website. The use of Grace & Berty LLC and Fig & Wally are interchangeable in this statement (“Grace & Berty”, “Fig & Wally“, “we” or “us”). The following terms and conditions and Fig & Wally’s Privacy Statement found at [https://figandwally.com] (collectively, the “Terms of Use”), govern your access to and use of Fig & Wally’s gifting platform (“Services”) and Website located at [https://figandwally.com].   These Terms of Use supersede any prior Terms of Use and apply to all users, visitors and others who use or access the Website and Services (all of the foregoing, collectively “Users”).

Please read the Terms of Use carefully before you start to use the Website or the Services.  By using the Website or the Services, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website or the Services.

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.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all use of the Website and Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website or Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website or before you use the Services so you are aware of any changes, as they are binding on you.

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.

Your Account

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:

  • The Website provides links and interfaces to payment processors that may permit Users (e.g., party guests and other gift givers) to send funds to other Users (e.g., party hosts, parents, or their representatives or designees) or third parties (e.g., charitable organizations selected by a User) (collectively “Beneficiaries”). You acknowledge that while we provide links to such payment processors, we do not control and are not responsible for payments made or received through such payment processors. Any use of payment processor services by you: (i) may be subject to the fees set by the payment processor, (ii) is at your own risk, (iii) is subject to your agreement that Fig & Wally is not responsible for any fund transfers or anything else arising from or related to the services provided by a payment processor or third-party, and (iv) is subject to these Terms of Use. Any use of such Cash Gifting Service may also be subject to the User’s acceptance of any additional terms and conditions disclosed by us or otherwise provided by any third-party including a payment processor.
  • 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.
  • We reserve the right to suspend, terminate, freeze or close any account in accordance with these Terms of Use.

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.

These Terms of Use permit you to use the Website and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or in connection with the Services, except as follows:

  • 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: [help@figandwally.com].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Services in breach of the Terms of Use, your right to use the Website or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website or the Services is transferred to you, and all rights not expressly granted are reserved by Fig & Wally. Any use of the Website or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

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.

Prohibited Uses

You may use the Website and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the Services:

  • 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.

International Users

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.

Indemnification

You agree to defend, indemnify and hold harmless Fig & Wally, its affiliates, licensors, service providers, employees, agents, officers or directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services or the Website, including, but not limited to, any use of the Website’s content, Services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or through the Services.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Fig & Wally’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Class Action Waiver

Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Fig & Wally agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Waiver and Severability

No waiver of by Fig & Wally of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fig & Wally to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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].