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.