PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Service Agreement ("Agreement") for TheFatNet.com ("Site", "we", "us", or "our"), an Internet website owned and operated by FatNet Inc. By using the Site, Members ("User", "you", or "your") agrees to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease usage of the Site.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and FatNet Inc. In this Agreement, the term "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site and also includes all software and features made available through the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services which may be presented in conjunction with the Site.
The words "use" and/or "using" in this Agreement mean any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages.
1. SUBSCRIPTION SERVICES PAYMENT OBLIGATIONS AND CONSENT TO CREDIT CARD AUTHORIZATION
By creating a FatNet subscription service, you authorize The Fat Couch, DBA Fat Net, located at 2691 Filmore Street, Salt Lake City, UT 84106, 855-677-6770 to automatically bill the charge card you provide until you cancel the subscription. Setup fees are billed at the time the subscription is initiated, and subscription payments are billed each month. All payments are completely non-refundable.
You are responsible and liable for any fees, including attorney and collection fees, that the Site may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding commitment remaining on your subscription if you cancel or terminate the Service. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
2. SUBSCRIPTION SERVICES CANCELLATION POLICY AND TERMINATION FOR YOUR FAILURE TO PAY
We reserve the right to terminate your subscription account and terminate your access to subscription services if we cannot successfully bill the subscription fee to your charge card on record.
3. REGISTRATION AND USE OF PASSWORD
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
In consideration of your use of the Site (and/or services purchased through the Site) you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process. In addition, you represent that you are of legal age to form a binding contract and you agree to update information provided in connection with registration or the ordering process in order to maintain its truth, accuracy and completeness.
If you provide information that we believe to be inaccurate, not current, or incomplete, or if you select a username that we in our sole discretion find offensive or inappropriate, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
4. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and "look and feel" and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of FatNet Inc., its Affiliates, and any of their successors and assigns, and any of their respective licensors, advertisers, suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of FatNet Inc. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER FATNET INC., ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. EXCEPT FOR USER MATERIALS SUBMITTED BY YOU, NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
5. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS, APPLICATIONS, AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, postings and Materials associated with your use of the Site.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS, APPLICATIONS, OR SERVICES. EXCEPT AS SPECIFICALLY MADE IN WRITING. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, APPLICATIONS, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, FATNET INC., ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY FATNET INC., OR ANY OF THEIR AFFILIATES OR AGENTS SHALL BE, AT OUR OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION, SERVICE, OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON US; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO US. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold the Site, FatNet Inc. and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you or someone acting on your behalf.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement (except for prices). We will post or display notices of material changes on the Site and/or e-mail you about these changes; the form of such notice is at our discretion. Once we post changes on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. No notice shall be required from the Site to effect such termination. Upon any termination of this Agreement (whether by you or by the Site), you shall immediately discontinue use of the Site and/or any service.
We may modify the terms under which we provide you with subscription services including but not limited to the price, content or nature of a subscription service, upon notice to you. In the event we modify the price or materially degrade the features or nature of a subscription service, you may terminate the service. We may terminate this Agreement and any subscription service at any time upon notice to you, provided that you will be entitled to receive the applicable service for any period for which you have already paid, or a pro-rata refund at our sole discretion. We may provide notice by e-mail. This Agreement will automatically terminate if you fail to comply with any term. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
9. THIRD-PARTY SITES
10. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
The Site is operated and provided in the State of Utah. As such, we are subject to the laws of the State of Utah and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site, you agree to do so subject to the internal laws of the State of Utah.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. CONTACT US
Contact Form: Support
This Terms of Service Agreement was last modified on May 31, 2011, and is effective immediately.
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