TERMS & CONDITIONS
WEB SITE OWNERSHIP
This Web site is owned and operated by Fathead LLC, 1201 Woodward Ave, 3rd Floor, Detroit, MI 48226, which is referred to below as “Fathead”, “we”, “us”, “our” or “Company”.
You agree that:
(b) you will only access or use this Web site and transact business with us if you are at least 18 years old;
You agree not to use or attempt to use this Web site for any purpose that:
(a) interferes with or induces a breach of the contractual relationships between Fathead and its employees;
(b) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
(c) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications;
(d) transmits any harmful or disabling computer codes or viruses;
(e) interferes with our network services;
(f) attempts to gain unauthorized access to our network services;
(g) impairs or limits our ability to operate this Web site or any other person’s ability to access and use this Web site; and/or
(h) uses any methods, means or devices to click on to this Web site or cause a visit to this Web site for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting real estate related business with Fathead.
(i) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(j) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(k) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(l) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(m) dilutes or depreciates the name and reputation of the Fathead or any of its affiliates;
(n) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or
(o) unlawfully uploads any confidential, proprietary or trade secret information.
USE AND ACCESS OF THIS WEB SITE
Fathead reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this Web site. You agree that you may not use or attempt to use any part of this Web site to represent that you have any (express or implied) affiliation with Fathead or broker relationship with Fathead without the express written permission of Fathead. You may not use this Web site to transmit unsolicited e-mail to this site or to anyone whose e-mail address is included under the domain name of this Web site.
You agree and acknowledge that you have the sole responsibility and liability for your use of this Web site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Web site.
INTELLECTUAL PROPERTY RIGHTS
The following marks are registered trademarks of Fathead® ©2006-2016 Fathead, LLC. All Rights Reserved: FATHEAD®, REAL. BIG.®, REAL. BIG.® FATHEAD®, 877-FATHEAD®, FATHEAD.COM®, Fathead Tradeables™, Fathead Jr®, Fathead Teammate™, Fathead Big Head®, Street Grip™, Fat Dots™, For Real®, Dominating the World of Graphics and Decals®, Stand Out®, Total Coverage™ and the respective logos, emblems, slogans and designs are trademarks and/or service marks of Fathead LLC.
Badge and imagery, © 2016 Chelsea Football Club Limited.
BATMAN and all related characters and elements are trademarks of and © of DC Comics.
“The Collegiate Licensing Company”, “CLC”, “iCLC”, the “Officially Licensed Collegiate Products” label, various CLC and service provider trade names and associated logos are the intellectual property of CLC or its service providers. The names and logos of the CLC Institutions are the property of the respective CLC Institutions. Nothing contained on the Site should be construed as granting any license or right to use any mark displayed on the Site without the express written permission of the respective mark owner.
Copyright © 2016 Dallas Cowboys Cheerleaders
Disney/Pixar elements © Disney/Pixar, not including underlying vehicles owned by third parties: Dodge®; Hudson Hornet TM; © Volkswagen AG; Hummer®; Model T TM; FiatTM; Mack®; Mazda Miata®; Kenworth®; Chevrolet®; Peterbilt®; Porsche®; Jeep®; MercuryTM; Plymouth SuperbirdTM; Cadillac®; Ferrari®; FairlaneTM; Petty®.
HARRY POTTER, characters, names and related indicia are trademarks of and © Warner Bros. Entertainment Inc. WB SHIELD: TM & © WBEI. Harry Potter Publishing Rights © JKR. (s15)
HASBRO and its logo, TRANSFORMERS and all related characters are trademarks of Hasbro and are used with permission. ©2016 Hasbro. All Rights Reserved. © 2016 DreamWorks, LLC and Paramount Pictures Corporation. All Rights Reserved.
HASBRO and its logo, MY LITTLE PONY, and all related characters are trademarks of Hasbro and are used with permission. © 2016 Hasbro. All Rights Reserved. Manufactured and distributed by Fathead
Larry The Cable Guy © 2016. Git-R-Done Productions, Inc. All rights Reserved.
© LIONSGATE FILMS INC. ALL RIGHTS RESERVED.
MARVEL, FANTASTIC FOUR, THE THING and the distinctive likeness thereof are trademarks of Marvel Characters, Inc., and are used with permission. Copyright© 2016 Marvel Characters, Inc. All rights reserved. www.marvel.com. Licensed by Marvel Characters, Inc.
MARVEL, The Incredible Hulk and the distinctive likeness thereof are trademarks of Marvel Characters, Inc., and are used with permission. Copyright© 2016 Marvel Characters, Inc. All rights reserved. www.marvel.com. Licensed by Marvel Characters, Inc.
MARVEL, X-MEN, Wolverine and the distinctive likeness thereof are trademarks of Marvel Characters, Inc., and are used with permission. Copyright© 2016 Marvel Characters, Inc. All rights reserved. www.marvel.com. Licensed by Marvel Characters, Inc.
© 2016 Microsoft Corporation. All Rights Reserved. Microsoft, Xbox, Xbox 360, Xbox Live and the Xbox logos, are trademarks of the Microsoft group of Companies.
© 2016 MLBPA-Official Licensee, Major League Baseball Players Association. Visit www.MLBPLAYERS.com, the Players Choice on the web.
© 2016 Major League trademarks and copyrights are used with permission of Major League Baseball Properties, Inc. MLB.com.
© 2016 MLS. MLS, The MLS logo, Major League Soccer and MLS team identifications used on or in connection with this product are trademarks, copyrighted designs and other forms of intellectual property of Major League Soccer, L.L.C., are used by permission and may not be used, in whole or part, without the prior written consent or Major League Soccer, L.L.C. All rights reserved.
NASCAR® is a registered trademark of The National Association for Stock Car Auto Racing, Inc.
The NBA and individual NBA member team identifications reproduced on this product are trademarks and copyrighted designs, and/or other forms of intellectual property, that are the exclusive property of NBA Properties, Inc. and the respective NBA member teams and may not be used, in whole or in part, without the prior written consent of NBA Properties, Inc. © 2016 NBA Properties, Inc. All rights reserved.
NFL and the NFL shield are registered trademarks of the National Football League. Players Inc is a registered trademark of the National Football League Players Incorporated. © 2016 NFL Properties LLC. Team names/logos are trademarks of the teams indicated. All other trademarks are trademarks of the National Football League. All Riddell trademarks are used with permission from RHC Licensing Corp.
NHL, the NHL Shield and the word mark and image of the Stanley Cup are registered trademarks of the National Hockey League. All NHL logos and marks and NHL team logos and marks depicted herein are the property of the NHL and the respective teams and may not be reproduced without the prior written consent of NHL Enterprises, L.P. © NHL 2016. All Rights Reserved.
Officially Licensed Product of the NHLPA. NHLPA, National Hockey League Players’ Association and the NHLPA logo are trademarks of the NHLPA and are used under license by Fathead, LLC. © NHLPA.
Spider-Man, the Character: TM & © 2016 Marvel Characters, Inc. Spider-Man 3, the Movie: © 2016 Columbia Pictures Industries, Inc. All rights reserved.
SUPERMAN and all related characters and elements are trademarks of and © of DC Comics.
All WWE programming, talent names, images, likenesses, slogans, wrestling moves, trademarks, logos and copyrights are the exclusive property of WWE and its subsidiaries. All other trademarks, logos and copyrights are the property of their respective owners. © 2016 WWE. All Rights Reserved.
© 2016 Viacom International Inc. All rights reserved. Nickelodeon®, SpongeBob SquarePants® and all related titles, logos and characters are trademarks of Viacom International Inc.
© 2016 Viacom International Inc. All rights reserved. Nickelodeon®, iCarly® and all related titles and logos are trademarks of Viacom International Inc.
All other marks used on this Web site are the property of their respective owners.
Web Page Content: You acknowledge and agree that:
(a) all source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of this Web site (collectively “Web Page Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
(b) all rights associated with the Web Page Content are owned by Fathead, its licensors, or content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Web Page Content.
You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this Web site, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Web site, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Web site:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other Web site including, but not limited to, comparative/informational Web sites; and/or
(d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s Web site or controls the content of any other Internet browser window.
DIGITAL MILLENNIUM COPYRIGHT ACT
Fathead is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on this Web site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to:
Attn: Jake Mahoney
1201 Woodward Ave, 3rd Floor
Detroit, MI 48226
Fax – (313) 559-2913
We offer Fathead© Custom™ products through this Web site for personal use. By using this service you represent and warrant that (i) you lawfully own or otherwise lawfully possess all necessary rights with respect to your image submission, (ii) your image submission does not and will not infringe or otherwise violate any intellectual property or privacy right of any third party, (iii) you have obtained written consent or permission to use the images and likenesses of every identifiable individual who appears in your image submission, and (iv) you are not using this service for any unlawful purpose.
Image submissions containing minors, under the age of eighteen (18), must have written consent from such individual’s parent or legal guardian. Fathead does not assume responsibility to verify the age of individuals contained in your image submission. However, Fathead reserves the right to request supporting information to verify the age of any individual and to request a written consent for every identifiable individual who appears in your image submission.
By uploading your image submission, you hereby grant Fathead and its affiliates and assigns a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, publicly display, reproduce and distribute your image submission in any format.
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites: For your convenience, this Web site may provide links to other Web sites on the World Wide Web. Unless expressly stated otherwise on this Web site, Fathead does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Web sites to which this Web site may provide a link. By using this Web site you acknowledge and agree that Fathead will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.
No Advertising / No Links. Fathead does not permit third-party advertising on this Web site. Except with the written permission of Fathead, you agree that you will not create links from any Web site or webpage to this Web site or any webpage within this Web site.
You understand and acknowledge that Fathead controls and operates this Web site from within the United States of America. This Web site provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Web site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Web site.
USER IDs AND PASSWORDS
Certain areas or features of this Web site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Web site. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Web site. You agree to notify Fathead immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Web site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Web site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of this Web site employ technologies to secure your data and the transmissions between you and Fathead, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
Mandatory and Optional Information: We identify what information is required to fulfill your request. If you chose not to provide mandatory information, we will not be able to provide you the service you are requesting.
Contests, Sweepstakes, and Surveys: From time to time, we may offer you the option to participate in contests, sweepstakes, or surveys. If you would like to participate, we may ask you for contact information, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you regarding the Affiliate Family products or services. Our contests or sweepstakes may have separate rules and we will identify how the information that you supply will be used in each case.
Within the Affiliate Family: Within the Affiliate family, which includes In-House Realty LLC, Quicken Loans Inc, Rock Financial Inc, Fathead LLC, Title Source, Inc, we may exchange customer information to fulfill your requests or to provide you with information about other products or services, if you have chosen to receive such communications.
Service Providers: In some cases, we will employ or use service providers such as title companies, appraisers, consultants, temporary workers, third party software developers, to complete a business process or provide a service on our behalf. For example, we may use service providers to enhance our Web site technology, deliver products, or to send e-mails. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.
Cleveland Indians Kids Club: In association with the Cleveland Indians Kids Club at Progressive Field, Fathead, LLC provides product and transactional support for photographic images uploaded by Cleveland Indians staff members to www.fathead.com to produce Fathead Custom Creations on behalf of the Cleveland Indians Kids Club and for the benefit of their customers. This arrangement results in the collection of personal data by Fathead, LLC for the purpose of completing the transaction initiated by the Cleveland Indians and their customers. In addition, Fathead, LLC will retain this acquired data for its marketing purposes and will share this acquired data with the Cleveland Indians for their marketing purposes. Any person who wishes to opt-out of Fathead, LLC marketing communications may opt-out by visitinghttp://www.fathead.com/contact-preferences/. Opting out of Fathead, LLC marketing communications does not constitute an opt-out request to any third party, including the Cleveland Indians.
Service Alerts and Critical Notices: Although we respect and honor the privacy preferences you have expressed, we may need to contact you to inform you of specific changes that may impact your ability to use this service or for other critical non-marketing purposes, such as bug alerts. We may also contact you to respond to your specific requests, to clarify the order information you provided to us, or to notify you of upcoming subscription expiration dates.
Change of Control: Your personally identifiable information may be transferred in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of Fathead. You will have the opportunity to opt out of further secondary use of your information following any change of control.
Remarketing Practices: We use Google Analytics data about our site traffic via Google advertising cookies and anonymous identifiers in order to serve advertising banners on third party sites. We do not facilitate the merging of personally-identifiable information with non-personally identifiable information collected through any Google advertising product or feature. Google makes available a Google Analytics Opt-Out Browser Add-on that prevents your web data from being used by Google Analytics. To learn more and to install the browser add-on, go to https://tools.google.com/dlpage/gaoptout/.
Legal Disclosures: In some cases we may disclose certain information to comply with a legal process, such as a court order, subpoena, search warrant, or law enforcement request.
Cookies: A “cookie” is a small piece of information that our web site may provide to your browser while you are at our sites. The Fathead Web site supplies your browser with cookies that contain a unique identifier used to better understand web site usage in the aggregate and on an individual level so we know what areas of our site users prefer (e.g., based on the number of visits to those areas). This is done through a tracking utility that allows us, for example, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. Fathead may also employ service providers to help us collect and understand our web site usage data.
If you simply want to browse, you do not have to accept cookies from our site. Should you decide, however, that you would like to register and sign in to special areas of the web site and you have modified your browser settings not to accept cookies, you will need to re-set your browser to accept the cookies that we send. Otherwise, you won’t be able to participate in certain areas of the web site. Most browsers are defaulted to accept and maintain cookies.
Web Site Usage Data: Our web site tracks usage data, including, for example, your IP address, your browser type and version, which pages you view, which page, if any, linked you to our site, and which link, if any, you follow off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to firstname.lastname@example.org.
COPPA. Our web site is not designed to appeal to children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information from children.
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to email@example.com or write us:
Attn: Jake Mahoney
1201 Woodward Ave, 3rd Floor
Detroit, MI 48226
If you wish to purchase any products or services through this Web site, we will ask you to supply billing and shipping information applicable to your purchase. All information that you provide to us or our third party payment processor must be lawful, accurate, current and complete. You agree to pay all charges and applicable taxes that you incur at the prices in effect when you place your order. Verification of your billing or shipping information may be required prior to our acceptance of your order.
Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in our sole discretion.
We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
If your FATHEAD® arrives damaged or if the product is defective you can return it within 30 days of the delivery date and we will refund you for the damaged or defective item or replace it at our discretion.
In either of the above return instances, if you ordered more than one FATHEAD® as part of a packaged deal (2 for $x, buy 1 get 1 free, etc.), you must return the entire order to receive a full refund. We will not accept partial returns on discounted orders.
We do not accept returns on gift cards or Champs Sports Gift Tube vouchers.
Gift cards and Champs Sports Gift Tube vouchers are not redeemable for cash.
If you purchased your Fathead using both a Gift Card and another form of payment, we will first credit or replace the Gift Card with the amount originally deducted from it and then credit your other form of payment for the balance.
For more information regarding our return policy:
- Call our customer service team at 1-877-328-4323.
- Have your Fathead order number at hand.
- Select the Customer Service option to speak to an agent during our business hours to receive a Return Authorization Number
- All returns must have an authorization number. We will not process your return without one.
- Place your FATHEAD® in the package it was shipped in and clearly mark the Return Authorization number on the outside of the package.
- We highly recommend using a traceable shipping service when returning your package to our warehouse.
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FATHEAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. FATHEAD HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE.
YOU ACKNOWLEDGE AND AGREE THAT FATHEAD IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEB SITE, FATHEAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FATHEAD MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEB SITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEB SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT FATHEAD, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEB SITE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL FATHEAD BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE. YOU AGREE THAT FATHEAD SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY 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 OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL FATHEAD’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEB SITE.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this Web site, PC-talk, chat or via e-mail, do not use the Web site, PC-talk, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Web site, PC-talk, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Web site, PC-talk, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Web site, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Prohibited E-mail Content: All of our Team Members are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our Team Member’s employment. The Company does not accept any liability in respect of such communication, and the Team Member responsible will be personally liable for any damages or other liability arising. Please report any such violations to Fathead at (877) FAT-HEAD (328-4323). The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our Team Members is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of the Company’s e-mail facilities for purposes of to soliciting our Team Members to breach their employment agreements or to interfere with their employment status with our Company is strictly prohibited.
Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.
Opt-Out: This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Fathead, you may opt-out by sending an e-mail to firstname.lastname@example.org or by visiting our Web site at http://www.fathead.com/contact-preferences/.
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
Unsecured Transmissions: You should be aware that regular e-mail is typically sent via the Internet which is an open network. While certain designated areas within our websites employ technologies to secure your data and the transmissions between you and our Company, general e-mail uses the Internet which is an open system and we cannot provide absolute assurances that all e-mail transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won’t be lost, misdelivered, destroyed, delayed, or intercepted/decrypted by others. Therefore the Company advises against sending personally identifiable information, over e-mail, and disclaims all liability with regard to e-mails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, misdelivered, intercepted, decrypted or otherwise misappropriated by others.
Confidential Information: E-mails sent by our Team Members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an e-mail in error or if it was improperly forwarded to you, the information contained in the e-mail should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or e-mail, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney’s fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.
Privileged Information: E-mails exchanged with or involving our Legal Team may contain privileged information subject to the attorney client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an e-mail in error or if it was improperly forwarded to you. If you are not the intended recipient of privileged information, please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.
Permission to Be Contacted: By submitting information to Fathead through the Web site or otherwise, you are making an inquiry as to Fathead’s programs and services and give Fathead and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
Permission to Share Your Information: When you “submit” information through the Fathead Web site or otherwise, Fathead may send your information to its affiliates. If you do not want your information shared with Fathead affiliates, you should send an opt-out e-mail to email@example.com or visit our Web site athttp://www.fathead.com/contact-preferences/.
Agreement to Provide Accurate Information: In making an inquiry, placing an order or in entering into any other transaction or request for information on this Web site, you agree to provide accurate, true, current, and complete information upon which Fathead may rely.
Your Cooperation Needed: Fathead generally begins processing your order shortly after submission. If you submit an order, you agree to cooperate as needed and notify Fathead of any changes in any information submitted in connection with your order.
Reasonable Efforts: Fathead will make commercially reasonable efforts to avoid delays and ship your order promptly, however, Fathead is not responsible for delays outside of its control (e.g. credit card delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond Fathead’s reasonable control.)
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