YOUR USE OF THIS WEB SITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION
WITH THIS WEB SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED
OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE
YOUR TRANSACTION ON THE WEB SITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY
YOU MAY NOT USE THIS WEB SITE.
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;
Web site each time you access and use this Web site;
(d) each use of this Web site by you indicates and confirms your assent to and agreement
will be enforceable against you.
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
(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
(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.
Arsenal and the Arsenal Crest are trademarks and copyrighted designs, and/or other forms of intellectual property, that are the exclusive property of The Arsenal Football Club Pic and my not be used, in whole or in part, without the written consent of the Arsenal Football Club Pic.
Austin Dillon’s name, likeness, signature and the AD stylized logo are registered trademarks of Austin Dillon.
CAT, CATERPILLAR, BUILT FOR IT, CAT RACING, their respective logos, “Caterpillar Yellow,” the “Power Edge” trade dress, as well as corporate and product identity used herein are trademarks of Caterpillar and may not be used without permission.
"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.
The Team Canada logo is a registered trademark of Hockey Canada and is used under license by Fathead LLC.
John Wayne, DUKE, and THE DUKE are the exclusive trademarks of, and the John Wayne name, image, likeness, and voice, and all other related indicia are the intellectual property of, John Wayne Enterprises, LLC.
Penske Racing South, Inc trademarks including the #2 and the likeness of the race car and Brad Keselowski's name and/or likeness are granted by license from Penske Racing South, Inc. Miller Lite marks are registered trademarks of MillerCoors LLC.
The PGA TOUR and swinging golfer design are registered trademarks of the PGA TOUR, 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
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
(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.
Submissions: You acknowledge and agree that all submissions to Fathead containing
any comments, improvements, suggestions, and ideas regarding this Web site will
become and remain our exclusive property, including any future rights associated
or terminated. This means that you forever disclaim any proprietary rights in such
submissions, and you acknowledge Fathead's unrestricted right to use, publish, and
commercially exploit, identical, similar, or derivative ideas originating from your
submission, in any medium, now and in the future, without notice, compensation or
other obligation to you or any other person.
Testimonials: You acknowledge and agree that all testimonials submitted to
Fathead will become and remain our exclusive property, even if the provisions of
grant to Fathead the unrestricted right (now and in the future, without notice,
compensation or other obligation to you or any other person) to use your statement,
image, likeness, as they may be used, in any medium, in connection with an advertisement
or for any other publicity purpose. You further agree that Fathead may use any percentage
of your testimonial, image, likeness and/or works, in any way that it sees fit,
and may exclude your name or use a fictions name therewith.
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:
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.
time, without notice to you, and you agree that you will be bound by the provisions
review them. In addition, you agree and acknowledge that all other content, services,
products and materials on or available through this Web site are subject to updating
and revision without notice to you. Fathead will honor current pricing at the time
of your order. However, Fathead reserves the exclusive right to change pricing,
at anytime, without notice. You further acknowledge and agree that the Terms of
Use may not be altered except with the express written permission of the President
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
PRIVACY AND SECURITY
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
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 visiting http://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
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.
Additionally, Fathead service providers that serve ads on affiliate and/or advertiser
web sites may assign different cookies and small graphical images called single-pixel
GIFs or web beacons, to your browser to track the effectiveness of Fathead advertising
on other web sites and your involvement with Fathead. For example, as part of the
determine when affiliate program members have referred a customer to Fathead via
a link on their web site. The Fathead Web site also sets a temporary cookie that
contains a unique, anonymous identifier that is provided to the service provider
to ensure that each referral is only counted once. This cookie is not linked to a
customer's personal information. The cookies and web beacons are necessary
to ensure that affiliate program members are appropriately credited for their referrals.
Service providers report data in the aggregate and do not link it to individual
customer information. Fathead may also employ service providers who may assign cookies
or web beacons to your browser to assist us in collecting web site usage data such
as your IP address, session ID, URL and demographic information such as your zip
code. The collection of data may include personally identifiable information.
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
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
YOUR CALIFORNIA PRIVACY RIGHTS
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: Michael Layne
1201 Woodward Ave, 3rd Floor
Detroit, MI 48226
you may be in violation of laws of the United States, as well as applicable state
laws, and may be subject to penalties, and (b) you may be responsible for damages
caused to Fathead. You agree to indemnify Fathead and its affiliates, vendors and
licensors, and all of the employees, officers, directors, agents and representatives
thereof and to hold all of them harmless from, all costs, claims, damages, expenses
or other losses, including attorney's fees and court costs, that arise from or are
related to your use of this Web site and/or your breach/violation of or failure
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
RETURNS AND PRODUCT WARRANTY
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
We do not accept returns on gift cards or Champs Sports Gift Tube
Gift cards and Champs Sports Gift Tube vouchers are not redeemable
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
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.
All Returns are subject to the terms of our
Money Back Guarantee.
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
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
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.
You acknowledge that certain features of this Web site, as well other products and
services of Fathead, including those that may be available through this Web site,
may be subject to terms, conditions and disclaimers in addition to these Terms of
Use, and you agree that your use of such products and services will be subject to
such additional terms, conditions and disclaimers.
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"
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 at http://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.)
with the laws of the State of Michigan, without giving effect to any principles
of conflicts of law. You agree that any action at law or in equity arising out of
in the state or federal courts located in Wayne County, Michigan, and you hereby
consent and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action.
or void, or for any reason unenforceable, then that provision shall be deemed severable
and enforceability of such other provisions.
Copyright 2006 - 2016 FATHEAD LLC. All rights reserved.
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