Fat Daddy's / FD's FREEBIES
Terms & Conditions


AGREEMENT BETWEEN USER AND FAT DADDY'S

This Web site is offered to the user conditioned on acceptance by the user without modification of the terms, conditions, and notices contained herein. By accessing and using this Web site, the User is deemed to have agreed to all such terms, conditions, and notices.

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MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular Fat Daddy's Web Site, or any product or service offered on any Fat Daddy's Web Site (each a "Fat Daddy's Site/Service", and collectively, "Fat Daddy's Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.

During this process, you will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Fat Daddy's immediately of any unauthorized use of your account or any other breach of security.

Fat Daddy's will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Fat Daddy's or another party due to someone else using your account or password.

You may not use anyone else’s account at any time, without the permission of the account holder. 

Under no circumstances are the cards or the points associated with them transferable among user accounts.  For example, points from individual accounts cannot be merged into a single account.

In the case where a card is lost, points will be maintained within the user account.  The card number of the lost card will be removed from the account (disabled from any future use), and a new card number will be established for the account.  This can only be done by use of the Point Questions Form which can be accessed from the user's homepage ("I Have A Question About My Points" - selectable from the drop down menu).

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PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Fat Daddy's is committed to protecting your privacy. This statement applies to Fat Daddy's family of Web sites and governs data collection and usage at all Fat Daddy's Sites/Services. Fat Daddy's Web sites are general audience sites. Personal information of all users is collected, used and disclosed as described in this section this agreement.

Collection of your Personal Information

At some sites, Fat Daddy's collects personal information, such as your e-mail address, name, home address or telephone number. Fat Daddy's may also collect demographic information, such as your ZIP code, age, preferences, and interests.

Fat Daddy's also collects certain information about your computer hardware and software. This information may include your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Fat Daddy's for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of Fat Daddy's Web sites.

Fat Daddy's keeps track of the pages our customers visit within Fat Daddy's, in order to determine what Fat Daddy's sites and services are the most popular. This data is also used by Fat Daddy's to deliver customized content and advertising to customers whose behavior indicates that they are interested in a particular subject area.

Use of your Personal Information

Fat Daddy's and its operational service partners collect and use your personal information to operate Fat Daddy's web sites and deliver the services you have requested.

Fat Daddy's also uses your personal information to inform you of other products or services available from Fat Daddy's and its affiliates. Fat Daddy's may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Fat Daddy's reserves the right to disclose any personal information about you or your use of the Fat Daddy's Sites/Services, including its contents, without your prior permission

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MODIFICATION OF THESE TERMS OF USE

Fat Daddy's reserves the right to change the terms, conditions, and notices under which the Fat Daddy's Sites/Services are offered.

You are responsible for regularly reviewing these terms and conditions. Your continued use of the Fat Daddy's Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Fat Daddy's Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Fat Daddy's Sites/Services.

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MATERIALS PROVIDED TO FAT DADDY'S OR POSTED AT ANY FAT DADDY'S WEB SITE

Fat Daddy's does not claim ownership of the materials or input ("Submissions") you provide to Fat Daddy's (including feedback and suggestions) or any Fat Daddy's Site/Service.

However, by submitting ("Posting") your Submission you are granting Fat Daddy's permission to use your Submission in connection with the operation of their businesses (including, without limitation, all Fat Daddy's Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Fat Daddy's is under no obligation to post or use any Submission you may provide and Fat Daddy's may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

CONTENT AVAILABLE THROUGH THE FAT DADDY'S SITES/SERVICES

All content that is made available to view in connection with the Fat Daddy's Sites/Services, is owned by and is the copyrighted work of Fat Daddy's Corporation and/or its suppliers and is protected by copyright laws.

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LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FAT DADDY'S SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE FAT DADDY'S SITES/SERVICES AND TO THE INFORMATION THEREIN. FAT DADDY'S AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FAT DADDY'S SITES/SERVICES AT ANY TIME.

FAT DADDY'S AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE FAT DADDY'S SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FAT DADDY'S AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL FAT DADDY'S AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FAT DADDY'S SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE FAT DADDY'S SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FAT DADDY'S SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE FAT DADDY'S SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FAT DADDY'S OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FAT DADDY'S SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FAT DADDY'S SITES/SERVICES.

TERMINATION/ACCESS RESTRICTION

Fat Daddy's reserves the right, in its sole discretion, to terminate your access to any or all Fat Daddy's Sites/Services or any portion thereof at any time, without notice. Fat Daddy's may also terminate or suspend your access to Fat Daddy's Sites/Services for inactivity.

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GENERAL

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Wisconsin, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Milwaukee County, Wisconsin, U.S.A. in all disputes arising out of or relating to the use of the Fat Daddy's Sites/Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fat Daddy's as a result of this agreement or use of the Fat Daddy's Sites/Services.

You agree to indemnify and hold Fat Daddy's, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Fat Daddy's Sites/Services.

Fat Daddy's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fat Daddy's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Fat Daddy's Sites/Services or information provided to or gathered by Fat Daddy's with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fat Daddy's with respect to the Fat Daddy's Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fat Daddy's with respect to the Fat Daddy's Sites/Services. 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.

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