Welcome to membership to Favorite Army. The FavoriteArmy.com website (the “Site”) is comprised of various web pages operated by Favorite Fishing USA, LLC (“Favorite”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Your acknowledgement of these Terms indicates your acceptance of the Terms and your obligations set forth herein.
                                               
FavoriteArmy.com is an E-Commerce Site.

Member Benefits
Membership in Favorite Army will provide a 20% Discount on all Favorite items, Free Shipping, VIP Warranty, and a quarterly gift package.
                                               
Membership Levels Offered
Red: $39.99/month, Black: $69.99/month, and Platinum: $99.99/month.  Membership fees will be charged on the date of registration and will recur on the same calendar day on which registration occurred for each calendar month following registration until cancellation as set forth herein.

VIP Warranty
All current members in good standing will be awarded a lifetime “no hassle” warranty on all registered Favorite Rods owned.  Red Members will also be awarded a 1 (one) year “no hassle” warranty on all registered Favorite Reels owned.  Black and Platinum Members will be awarded a lifetime “no hassle” warranty on all registered Favorite Reels owned.  Rods and Reels must be registered using the Favorite Army app to qualify for VIP Warranty.  This warranty does not cover fire, theft, loss, intentional breakage, modification or customization of the finished product.

Cancellation
You may cancel your membership and access to the Site with 90 days prior-written notice, sent to contact@FavoriteArmy.com .  You will be charged for the 90 day period subsequent to your cancellation. Please contact us at contact@FavoriteArmy.com with any questions.

Electronic Communications
Visiting the Site or sending emails to Favorite constitutes electronic communications.  You consent to receive electronic communications
and you agree that all agreements, notices, disclosures and other communications that we proved to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Favorite is not responsible for third
party access to your account that results from theft or misappropriation of your account. Favorite and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
                                               
Children Under Eighteen
Favorite does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.  If you are under 18, you may use FavoriteArmy.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Favorite and Favorite is not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. Favorite is providing the links to you only as a convenience, and the inclusion of any link does not imply endorsement by Favorite of the site or any association with its operators. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the FavoriteArmy.com domain, you hereby acknowledge and consent that Favorite may share such information and data with any third party with whom Favorite has a contractual relationship to provide the requested product, service or functionality on behalf of FavoriteArmy.com users and customers.
                                               
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Favorite that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Favorite or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Favorite content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Favorite and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Favorite or our licensors excepts as expressly authorized by these Terms.

Third Party Accounts
You will be able to connect your Favorite account to third party accounts. By connecting your Favorite account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users
The Site is controlled, operated, and administered by Favorite from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Favorite Content accesses through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Favorite, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your uses of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, or your violation of any rights or a third party, or your violations of any applicable laws, rules or regulations. Favorite reserves the right at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Favorite in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such disputes shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns the Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions 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 Favorite 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.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HERIN. FAVORITE FISHING USA, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME  YOU ACKNOWLEDGE THAT, IN CONNECTION WITH SITE , INFORMATION SHALL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, AND OTHERS, ALL OF WHICH ARE BEYOND CONTROL AND JURISDICTION OF FAVORITE.  ACCORDINGLY, FAVORITE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH SITE.  FAVORITE FURTHER MAKES NO WARRANTY OR ASSUMES NO LIABILITY REGARDING THE AVAILABILITY, RELIABILITY, OR SUITABILITY OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICES. FAVORITE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH SITE DUE TO THE FAILURE OF ANY INTERNET SERVICE PROVIDER OR DIGITAL SUBSCRIBER LINE SERVICE.  FAVORITE MAKES NO WARRANTIES AS TO THE SECURITY OF USER DATA COMMUNICATIONS. FAVORITE MAKES NO WARRANTIES AS TO THE SECURITY OF USERS DATA COMMUNICATIONS, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR USERS COMPUTER(S) OR ONLINE COMMUNICATIONS.  USER AGREES THAT FAVORITE WILL NOT BE LIABLE FOR ANY SUCH ACCESS.  FAVORITE FISHING USA, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FAVORITE FISHING USA, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAVORITE FISHING USA, LLC AND/OR ITS SUPPLIERS BY LIABLE FOR ANY DIRECT, INDIRECT, PUNITAVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LASS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FAVORITE FISHING USA, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
Favorite reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri and you herby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these Terms, including, without limitation, this section.You agree that no joint venture, partnership, employment, or agency relationship exists between you and Favorite as a result of this agreement or use of the Site. Favorite’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Favorite’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Favorite with respect to such use. If any part of this agreement is determined to be invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Favorite with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Favorite with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business and records originally generated and maintained in printed form.  It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Favorite reserves the right, in its sole discretion, to change the Terms under which FavoriteArmy.com is offered. The most current version of the Terms will supersede all previous versions. Favorite encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
Favorite welcomes your questions or comments regarding the Terms:

Favorite Fishing USA, LLC
603 North 9th Street
Thayer, MO  65791

Email Address: contact@FavoriteArmy.com
Telephone: 877-800-6446

Effective as of October 14, 2020