Terms and Conditions – Phivi Artisanal Desserts Box

LAST REVISED: 06/24/2022

PLEASE READ THESE TERMS AND CONDITIONS AND PHIVI FEVER’S PRIVACY STATEMENT BEFORE ACTIVATING AN ACCOUNT WITH PHIVI FEVER. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF PHIVI FEVER SERVICES. BY USING PHIVI FEVER SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACTIVATE YOUR ACCOUNT.

PHIVI FEVER TERMS OF USE
Welcome to Phivi Fever! The Phivi Fever website and services are provided by Phivi. (“Phivi”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the Phivifever.com web site (the “Website”) and all services provided by Phivi Fever via the Website including without limitation our monthly product and gift service (collectively, the “Services”).

Phivi Fever provides a subscription service as well as a one time gift option for monthly delivery of artisanal treats baked in Brooklyn, NY for you or as a gift to your friends and family. Access to the Website, use of the Services, and purchase of the Products is subject to these Terms and Conditions and the Phivi Fever Privacy Policy available on the Website.

Acceptance of Terms

By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms and Conditions may be viewed at Phivifever.com.

Scope of Service

Phivi Fever maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

The Content may not be modified.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

Registration and Membership; Product Sales

In order to start your ongoing Phivi Fever monthly subscription, you must register as a member on our Website. To register, you can simply select a box subscription or a one time gift that best fits your needs, add your shipping information including your address and billing information, and your valid email address and password to create your login profile. All information that you provide to Phivi Fever, including your credit card information, is subject to Phivi Fever’s Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Website.

As a registered user of Phivi Fever, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing info@phiviapp.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

Monthly Delivery

As a subscribed Phivi Fever member, each month we will ship you a package with a different selection of treats (“Products”). Each month of your subscription, the selection of Products from Phivi Fever of the month may change. Accordingly, Phivi Fever cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH. WHEN PURCHASING A SUBSCRIPTON OR A GIFT ON THE PHIVI FEVER WEBSITE YOU AGREE THAT THE STRIPE PAYMENT PROCESSING FEES ARE INCLUDED IN THE PRICE AND WILL NOT BE RETURNED IF REQUESTING A REFUND.

Billing and Payments

The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, PayPal Credit. You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g., a three month, six month plan, a twelve month plan), you will automatically be charged each month during that subscription period, even if you have canceled your subscription or membership prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.

For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of Products.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Phivi Fever the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Phivi Fever will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current version of which is attached as a link at https://www.paypal.com/us/webapps/mpp/ua/legalhub-full. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

Shipping and Risk of Loss

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Phivi Fever within 4 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.

If your package was damaged due to carrier-mishandling, thus causing damage to the contents, please contact our Customer Support team within 48 hours of delivery at info@phiviapp.com with photos and details about your damaged order. We will open investigation with the carrier. We handle these inquiries on a case-by-case basis.

Returns and Exchanges

If a Product is defective, you may request a refund within 4 days of receipt and we will send you a new item or credit your account. To request a refund, please contact us at info@phiviapp.com.

Local Taxes

You may be charged local sales tax or VAT, if applicable.

International Access

This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

Membership Cancellations

We work hard to make your membership satisfying; however, you may cancel your ongoing membership through the account page on the Website. You must update your account on the Website by the first day of the month following the end of your then-current subscription period.

YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.

YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIFTH DAY OF THE MONTH FOLLOWING THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.

All cancellation requests received after the first day of the calendar month following a Subscription Period will apply to the following Subscription Period. We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.

Loyalty Program Terms & Conditions

The Phivi Fever Loyalty Program (the “Program”) sponsored by Phivi.co (“Phivi”) is designed to help you get the most out of your membership. We reward you for doing the things you already do: shop on Phivifever.com (the “Site”), refer friends to Phivi Fever. Best of all, you can use the points you earn to purchase more products! The following terms and conditions (these “Loyalty Program Terms and Conditions”) contain important information regarding the Program. Please read the following Loyalty Program Terms and Conditions carefully. Acceptance of the Site Terms and Conditions includes acceptance of these Loyalty Program Terms and Conditions. These Loyalty Program Terms and Conditions are a binding agreement between you and Phivi Fever and will govern your participation in any and all Program offers.

Participating in the Program entitles members (“Members”) to take advantage of certain Program rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by Phivi Fever in its sole discretion. Phivi Fever reserves the right to modify these Loyalty Program Terms and Conditions at any time, without notice to you, so it is important to check the Loyalty Program Terms and Conditions periodically. Participation in the Program or redemption of Rewards is considered acceptance of these Loyalty Program Terms and Conditions and any modified terms included therein. Upon notice, Phivi Fever may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program or any Program Reward at any time, including the availability of any Program Reward.

Program Period

This Program will continue until terminated, suspended, modified, or converted to another rewards program by Phivi Fever (the “Program Period”).

Eligibility

To become a Member of the Program, you must be a legal resident of the fifty (50) United States, the District of Columbia, Guam, Puerto Rico, or the US Virgin Islands. To enroll in the Program, you simply need to have registered for a Phivi Fever account at https://www.phivifever.com/ You do not need to have a subscription to earn Points in the Program.

Earning Phivi Fever Points

Once you have become a Member, you can begin earning Phivi Fever points (“Points”) the following ways:

Shop – every time you purchase a product from our online shop (the “Shop”) or a gift membership you earn 1 Point for every whole $1 spent per order (excluding tax, shipping charges and fees).
Create an account and earn 100 points.
Share on Facebook and earn 50 points.
Complete your profile and earn 25 points.
Visit the Phivi Marketplace and earn 10 points.
Visit our Instagram page and earn 10 points.

Upon notice, Phivi Fever reserves the right to suspend, terminate, revalue or modify, without liability to Members, all or part of the Points’ value structure and offers and any merchandise or service. Phivi Fever reserves the right to adjudicate all Points discrepancies in its sole discretion, and the Members agree to abide by any such adjudication. You can check your Phivi Fever Dashboard Loyalty Rewards Balance on your account page.

Phivi Fever Points Redemption

The Points are redeemable towards the purchase of any product on the Site in any increment. You can redeem your Points during the checkout process. You may use Points to purchase subscriptions or gift subscriptions.

To redeem your Points, simply add items to your shopping cart, and click the “Checkout” button (if you’re not already signed in, the next screen will prompt you to sign in to your account). Continue through the checkout process. When you get to the Payment Details section, you’ll see a box that that says “Use Reward Points”. When you click it, your Points will be used and the dollar value will be deducted from your order total. Done!

Points are available for redemption for the purchase of products only while supplies last. Product quantities may be limited. If you choose to apply Points to your purchase, you will not be able to select the amount of your Points that are applied to the order. If you have more Points than are necessary to complete a purchase, the appropriate number of Points will be applied and deducted from your account to complete the purchase; points not needed to complete the purchase will remain in your account. If you have Points in your account, but not enough to complete the purchase, all Points in your account will be applied to the purchase. You will be asked to select another form of payment to cover the remaining balance. For example, if a Member has a $100 order in their cart, and has 100 Points (equal to $5), they may apply her Points to the purchase and pay the remainder with their credit card.

Refunds & Returns

Any items received as a result of Points redemption may only be exchanged for a refund of the applicable Points redeemed for such item (not cash or credit). Purchases made with Points will ship in the normal course of business.

Points earned via credit card transaction purchases on the Site will be rescinded in the event that such purchase is returned for a refund.

Phivi Fever Points Minimums And Maximum

You cannot redeem Points for more than the total amount of your purchase. Points are not redeemable for cash.

Reward Conditions

Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Members may not assign or transfer any Rewards. Phivi Fever makes no warranty in any respect as to any Rewards, merchandise or service available within the Program.

Termination

Phivi Fever may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward. Phivi Fever may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Loyalty Program Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Loyalty Program Terms and Conditions. Phivi Fever reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Phivi Fever deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Loyalty Program Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Program or Site; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Phivi Fever to be generally inconsistent with the intended operation of the Program. Any decision Phivi Fever makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Phivi Fever shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Loyalty Program Terms and Conditions or intent of these Loyalty Program Terms and Conditions.

Release

Except for willful misconduct or gross negligence on the part of Phivi Fever, by participating in the Program, Members release Phivi Fever, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program or the use of any Rewards.

Limitation of Liability

IN NO EVENT SHALL PHIVI FEVER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE PHIVI FEVER’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO PHIVI FEVER IN THE THEN-PRIOR CALENDAR MONTH.

Indemnification

By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Phivi Fever from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.

Content Submitted by Users

Accuracy: You may use this Website (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Phivi Fever. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.

Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Phivi Fever, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.

Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Phivi Fever but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.

Prohibited Content

By accessing our Website or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website:

Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Phivi Fever.
Use a name or language that Phivi Fever, in its sole discretion, deems offensive.
Post defamatory statements.
Post hateful or racially or ethnically objectionable Content.
Post Content which infringes another’s copyright, trademark or trade secret.
Post unsolicited advertising or unlawfully promote products or services.
Harass, threaten or intentionally embarrass or cause distress to another person or entity.
Impersonate another person.
Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
Exploit children under 18 years of age.
Engage disruptive activity such as sending multiple messages in an effort to monopolize the forum.
Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
Obtain unauthorized access to any computer system through the Website.
Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
Solicit personal information from children under 13 years of age.
Violate any federal, state, local, or international law or regulation.
Encourage conduct that would constitute a criminal or civil offense.
Submitted Content

Phivi Fever does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Phivi Fever a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Phivi Fever the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Phivi Fever will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

Minors

Phivi Fever services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

Intellectual Property Rights

Unless otherwise noted, all Content contained on this Website is the property of Phivi Fever and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

We do not claim ownership of Content submitted by users without compensation by Phivi Fever and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.

If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. To contact us regarding copyright issues relating to this Website, email us at: info@phiviapp.com.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

Security

When you register to participate in Phivi Fever services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

Disclaimer of Warranty

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES.
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN PHIVI FEVER’S DISCRETION.

YOU MAY RETURN DEFECTIVE PRODUCTS ONLY WITHIN THIRTY (30) DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PHIVI FEVER DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links to Third-Party Websites

This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Phivi Fever, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Phivi Fever of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Phivi Fever does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Jurisdictional Issues

We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination

We may terminate any user’s monthly subscription or access to our Website or Services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.

Enforcement

These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in New York, NY, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of New York or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.

Severability

To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Phivi Fever. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Phivi Fever.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

For Additional Information

If you have any questions about these Terms and Conditions, please contact info@phiviapp.com