back

General Terms and Conditions

 

These Terms of Use govern access to and use of the Fatboyusa.com and Shop.fatboyusa.com Web sites as well as the Fatboy USA mobile apps or service offerings allowing connection to Fatboy USA’s mobile-enhanced versions of its online Web sites. Fatboyusa.com and Shop.fatboyusa.com are hosted by or for Fatboy USA, llc. and its parent, subsidiaries and affiliates (with such entities referenced herein collectively as “Fatboy USA” or with “we” or “us”).

IMPORTANT – This is a legal agreement between you (referenced herein with “you, “your,” or “user”) and Fatboy USA. As a condition to using the Fatboy USA platforms, you agree to be legally bound by all the terms and conditions contained in these Terms of Use (which we reference herein collectively as the “Agreement”). Please read this entire Agreement carefully. Fatboy USA IS WILLING TO ALLOW ACCESS TO AND USE OF THE FATBOY USA PLATFORMS AND PROVIDE ITS RELATED INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, OR MATERIALS ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE FATBOY USA PLATFORMS AND ARE INSTRUCTED TO EXIT IMMEDIATELY.

By downloading, accessing, or using the Fatboy USA platforms, you also represent that you are at least 18 years old or you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the Fatboy USA platforms. In addition, when you use any future version of the Fatboy USA platforms or any changes made a part of any current version, you acknowledge and agree that you also will remain subject to this Agreement (as amended). Please print a current copy of this Agreement for your records. 

Please also note that Fatboy USA reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement or mailing and/or e-mailing notice thereof to you. Your continued use of the Fatboy USA platforms following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review the Agreement found at this location on a periodic basis. 

Privacy

The operation of certain areas of the Fatboy USA platforms requires or involves the submission, collection, use, or dissemination of various personally identifiable information. Accordingly, if you wish to access and use those areas of the Fatboy USA platforms, you acknowledge and agree that your use of the Fatboy USA platforms will constitute acceptance of Fatboy USA's personal identifying information collection and use practices. Please see Fatboy USA's Privacy Policy for a summary of Fatboy USA's personal identifying information collection and use practices. 

Trademarks

FATBOY USA and all other names, logos, and icons identifying Fatboy USA and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of Fatboy USA and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of Fatboy USA is strictly prohibited, and nothing stated or implied on the Fatboy USA platforms confers on you any license or right under any trademark of Fatboy USA or any third party. 

Copyright

The Fatboy USA platforms are Copyright © Fatboy USA, Inc. and/or its licensors. All rights reserved.

All text, images, photographs, graphics, user interface, and other content provided on the Fatboy USA platforms, the “look and feel” of such content, and the selection, coordination, and arrangement of such content, are owned by Fatboy USA or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Fatboy USA also holds rights in the contents on the Fatboy USA platforms as a compilation or collective work. Any downloadable or printable programs, information, or materials available through the Fatboy USA platforms and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Fatboy USA and/or its licensors or suppliers. 

Nothing stated or implied on the Fatboy USA platforms confers on you any further license or right under any copyright of Fatboy USA or any third party. The Fatboy USA platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Fatboy USA platforms, or use the contents of the Fatboy USA platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Fatboy USA or its lawful successors and assigns. For usage permission beyond what is set forth herein, please contact us.

Notice of Copyright Infringement

Fatboy USA respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Fatboy USA platforms, we will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.

You acknowledge that you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If Fatboy USA terminates or suspends a user’s access to or use of the Fatboy USA platforms, Fatboy USA will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is Fatboy USA's policy to document all notices of alleged infringement upon which Fatboy USA decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.

If you believe that your work has been copied and is accessible on the Fatboy USA platforms in a way that constitutes copyright infringement, please provide Fatboy USA with the following information:

• Identification of the copyrighted work claimed to have been infringed; 

• Identification of the allegedly infringing material on the Fatboy USA platforms that is requested to be removed; 

• Your name, address, and daytime telephone number, and an e-mail address if available, so that Fatboy USA may contact you, if necessary; 

• A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; 

• A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and 

• An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

License and Access to Fatboy USA platforms

Fatboy USA grants you a limited license to access and make personal use of the Fatboy USA platforms and not to download (other than browser-required page caching) or modify the Fatboy USA platforms, or any portion of them, except with express written consent of Fatboy USA. Accordingly, you expressly acknowledge and agree that Fatboy USA transfers no ownership or intellectual property interest or title in and to the Fatboy USA platforms (or any part thereof) to you or anyone else. You may print and download materials and information from the Fatboy USA platforms solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. But, this license does not include any resale or commercial use of the Fatboy USA platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Fatboy USA platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

The content layout, formatting, and features of and access privileges for the Fatboy USA platforms shall be as specified by Fatboy USA in its sole discretion. You also acknowledge and agree to the following: (i) Fatboy USA has the right to control and direct the means, manner, and method by which the Fatboy USA platforms are provided; (ii) Fatboy USA may, from time-to-time engage independent contractors, consultants, or subcontractors to aid Fatboy USA in providing the Fatboy USA platforms or use thereof; and (iii) Fatboy USA has the right to provide the Fatboy USA platforms to others.

Notwithstanding the license grant herein, neither the Fatboy USA platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Fatboy USA. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fatboy USA and our affiliates without express written consent. In addition, you may not use metatags or any other hidden text using Fatboy USA’s name or trademarks without the express written consent of Fatboy USA. Any unauthorized use terminates the permission or license granted by Fatboy USA. 

You are granted a limited, revocable, and nonexclusive right to create a hyperlink (utilizing only the plain characters for Fatboy USA’s domain address) to any page of Fatboy USA so long as the link does not portray Fatboy USA or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Fatboy USA logo or other proprietary graphic or trademark as part of the link without express written permission. 

Other Terms and Conditions

Additional notices, terms, and conditions may apply to the purchase, return, or delivery of products. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms, and conditions posted to the Fatboy USA platforms, Fatboy USA shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to your use or purchase of that product. 

Links to Third Party Web Sites

The Fatboy USA platforms may contain hyperlinks (“links”) to Web sites operated by persons or entities other than Fatboy USA (“third-party Web Sites”). We provide such links for your reference and convenience only. A link from Fatboy USA to a third-party Web site does not imply or mean that we endorse the content on that third-party Web site or the operator or operations of that Web site. You are solely responsible for determining the extent to which you use any content at any third-party Web Sites to which you might link from the Fatboy USA platforms. FATBOY USA IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION. 

Feedback and Submissions

Fatboy USA welcomes your feedback and suggestions about Fatboy USA's programs or services or with respect to how to improve the Fatboy USA platforms. By transmitting any such suggestions, information, material, or other content (collectively, “feedback”) to Fatboy USA, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Fatboy USA and enable Fatboy USA to use such feedback. In addition, any feedback received through the Fatboy USA platforms will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Fatboy USA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. 

Postings & Reviews

The Fatboy USA platforms may contain blogs, message boards, comment areas, questionnaires, review areas, and other interactive features and functionality where users can share and post information. To the extent that the Fatboy USA platforms contain such communication forums (collectively, “Forums”), you agree that by using the Fatboy USA platforms you will not upload, post, display, or transmit any of the following materials on the Fatboy USA platforms’ Forums:

• Anything that interferes with or disrupts the Fatboy USA platforms or the operation thereof, 

• Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others, 

• Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others, 

• Statements or material that violates other contractual or fiduciary rights, duties, or agreements, 

• Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction, 

• Statements or material that constitutes anti-competitive collaboration and/or antitrust violations, 

• Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person, 

• Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Fatboy USA, 

• Statements or material that misrepresents your affiliation with any entity and/or Fatboy USA, 

• Anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, 

• Statements or materials that are deceptive or misleading, 

• Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Fatboy USA platforms.

Forums are the resources and property of Fatboy USA and/or its licensors, and you will not have any proprietary interest in any Forum. Moreover, by submitting content or information of any type (a "Posting") to a Forum or other portion of the Fatboy USA platforms or by otherwise using the Fatboy USA platforms to transmit or display a Posting, you automatically grant Fatboy USA a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Fatboy USA and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Fatboy USA has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Fatboy USA platforms Fatboy USA has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Fatboy USA assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. 

Fatboy USA is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Fatboy USA's right and ability to delete or remove a Posting (or any part thereof), Fatboy USA does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, Fatboy USA reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that Fatboy USA believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to Fatboy USA or its affiliates, volunteers, services, or goodwill. If you violate this Agreement, Fatboy USA may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Fatboy USA platforms.

Your Responsibilities

You agree to comply with all applicable law in connection with your use of the Fatboy USA platforms, and such further limitations as may be set forth in any written or on-screen notice from Fatboy USA (provided in connection with your use of the Fatboy USA platforms). As a further condition of your use of the Fatboy USA platforms, you warrant that you will not use the Fatboy USA platforms for any purpose that is unlawful or prohibited by this Agreement. You access the Fatboy USA platforms on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Fatboy USA platforms. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the Fatboy USA platforms will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Fatboy USA at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

By using the Fatboy USA platforms, you agree not to violate or attempt to violate the security of the Fatboy USA platforms, including, without limitation, actions such as:

• Accessing data not intended for you or logging into a server or account that you are not authorized to access; 

• Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; 

• Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Fatboy USA platforms; 

• Sending unsolicited e-mail, including promotions and/or advertising of products or services. 

Actual or attempted unauthorized use of the Fatboy USA platforms may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Fatboy USA reserves the right to view, monitor, and record activity on the Fatboy USA platforms without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Fatboy USA platforms. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Fatboy USA platforms as well as to disclosures required by or under applicable law or related government agency actions. Fatboy USA will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Fatboy USA reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Fatboy USA platforms, or any portion of the Fatboy USA platforms in order to protect the Fatboy USA platforms, Fatboy USA, or Fatboy USA's business or goodwill.

Risk 

You also acknowledge and agree that use of the Internet and access to the Fatboy USA platforms is solely at your own risk. While Fatboy USA has endeavored to create a secure and reliable environment(s), you should understand that the confidentiality of any communication or material transmitted to/from the Fatboy USA platforms over the Internet or other form of global communication network is outside Fatboy USA’s control and cannot be guaranteed. Accordingly, Fatboy USA is not responsible for the security of any information transmitted to or from the Fatboy USA platforms. 

Product Information

Fatboy USA attempts to be as accurate as possible in describing its products. However, Fatboy USA does not warrant or guarantee that product descriptions or other content of the Fatboy USA platforms are accurate, complete, reliable, current, or error-free. 

Colors

Fatboy USA has made every effort to display as accurately as possible the colors of the products that appear on the Fatboy USA platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee and do not warrant that your monitor’s or device’s display of any color will be accurate. 

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE FATBOY USA PLATFORMS ARE PROVIDED BY FATBOY USA ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FATBOY USA MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FATBOY USA PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE FATBOY USA PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE FATBOY USA PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE FATBOY USA PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE FATBOY USA PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE FATBOY USA PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE FATBOY USA PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND FATBOY USA DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FATBOY USA PLATFORMS IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FATBOY USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

IN NO EVENT WILL FATBOY USA, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FATBOY USA PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE FATBOY USA PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE FATBOY USA PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO FATBOY USA THROUGH THE FATBOY USA PLATFORMS; IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR WITH RESPECT TO ANY CLAIM OR DAMAGE ARISING FROM A CAUSE BEYOND FATBOY USA’S CONTROL WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF FATBOY USA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Applicable Law and Disputes

This Agreement, your rights and obligations, Fatboy USA’s rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Texas, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Texas. 

Any dispute relating in any way to your visit to Fatboy USA or to products you purchase through Fatboy USA shall be submitted to confidential arbitration in Coppell, Texas, United States of America, except that, to the extent you have in any manner violated or threatened to violate Fatboy USA’s intellectual property rights, Fatboy USA may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, United States of America, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 

Injunctive Relief

You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of Fatboy USA proprietary assets, will cause irreparable injury to Fatboy USA, such injury would not be quantifiable in monetary damages, and Fatboy USA would not have an adequate remedy at law. You therefore agree that Fatboy USA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Fatboy USA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Fatboy USA to enforce any provision of this Agreement. 

Indemnification

You agree to defend, indemnify, and hold harmless Fatboy USA and its affiliates, successors and assigns, and its directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and other legal expenses, and judgments of any kind or nature, incurred by Fatboy USA arising out of or relating to your use of the Fatboy USA platforms and your violation of this Agreement or relating to any payment dispute with a third-party provider arising from a purchase or incurrence of fees made by you. 

Term and Termination

This Agreement will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Fatboy USA platforms, whichever is earliest. Fatboy USA reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Fatboy USA platforms or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Fatboy USA platforms, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the Fatboy USA platforms will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Fatboy USA platforms in your possession. The provisions concerning Fatboy USA's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, miscellaneous legal terms, and governing law will survive the termination of this Agreement for any reason.

Miscellaneous Legal Provisions

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fatboy USA as a result of this Agreement or your use of the Fatboy USA platforms. Nothing contained in this Agreement is in derogation of Fatboy USA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Fatboy USA platforms or information provided to or gathered by Fatboy USA with respect to such use. 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 documents and records originally generated and maintained in printed form.

The failure of Fatboy USA to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding the Fatboy USA platforms and their content, and supersedes any prior or contemporaneous communications between Fatboy USA and you regarding the Fatboy USA platforms and their contents. 

All rights not expressly granted herein are hereby reserved.

Considerations for Non-U.S. Customers

Fatboy USA’s headquarters are located in the United States, and the Fatboy USA Services are based in the United States. Please be aware that information you provide to Fatboy USA, or that Fatboy USA obtains as a result of your use of the Fatboy USA Services, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Fatboy USA Services, or by providing Fatboy USA with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.

 

Privacy

The operation of certain areas of the Fatboy USA platforms requires or involves the submission, collection, use, or dissemination of various personally identifiable information. Accordingly, if you wish to access and use those areas of the Fatboy USA platforms, you acknowledge and agree that your use of the Fatboy USA platforms will constitute acceptance of Fatboy USA's personal identifying information collection and use practices. Please see Fatboy USA's Privacy Policy for a summary of Fatboy USA's personal identifying information collection and use practices. 

What data we collect and how we use it

We may collect the following categories of information on our website and use them for the purposes explained below.

• Website activity: Data about your browsing activity on our website. Third parties (such as AdRoll) may place cookies on your browser for targeted advertising purposes.

 

• Device and browser information: Technical information about the device or browser you use to access our website. For example, your device's IP address, and (in the case of mobile devices) your device type and mobile device's unique identifier such as the Apple IDFA or Android Advertising ID.

 

• Contact Information: If you choose to provide your name, email address or phone number

 

• Customer Service Information: Information you may provide to customer service including survey responses

 

• Third party information: We may collect additional information about you from third party sources where we have the rights to do so.

We use this data to:

• Provide Fatboy USA services and customer support

 

• Customize, measure, and improve our website

 

• Deliver targeted marketing to you

 

• Contact you by email or phone about your account or our products, including to market our products to you

How to opt out

We recognize how important your online privacy is to you, so we offer an option for controlling the targeted ads you receive and how we use your data. You can opt out of receiving targeted ads served by us or on our behalf by clicking on the blue icon in the corner of the ads we serve or by clicking here. Please note that, if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. Further, if you use multiple browsers or devices you will need to execute this opt out on each browser or device. If you opt-out we may collect some data about your online activity for operational purposes (such as fraud prevention) but it won't be used by us for the purpose of targeting ads to you.