Effective Date: November 15, 2018:
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and business as Trading under FatBoy’s Wings & Tings, LLC (“we,” “us,” or “our”), concerning your access to and use of the
https://fatboyswings.com/ website. We are registered in the United States. You agree that by accessing the FatBoy’s Wings & Ting’s website you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE FATBOY’S WINGS & TINGS WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental Terms and Conditions or documents that may be posted on the FatBoy’s Wings & Ting’s website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our FatBoy’s Wings & Ting’s website so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the FatBoy’s Wings & Ting’s website after the date such revised Terms and Conditions are posted.
The FatBoy’s Wings & Ting’s website functionality is limited to the United States. The information provided on the FatBoy’s Wings & Ting’s website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. The FatBoy’s Wings & Ting’s website is intended for users of all ages.
Unless otherwise indicated, the FatBoy’s Wings & Ting’s website is our proprietary property and all source code, databases, functionality, software, FatBoy’s Wings & Tings website designs, audio, video, text, photographs, and graphics on the FatBoy’s Wings & Tings website(collectively, the “Content” and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the FatBoy’s Wings & Ting’s website”AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the FatBoy’s Wings & Tings website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the FatBoy’s Wings & Ting’s website, you are granted a limited license to access and use the FatBoy’s Wings & Ting’s website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to FatBoy’s Wings & Ting’s website, the Content, and the Marks.
By using the FatBoy’s Wings & Ting’s website, you represent and warrant that (1) you have the legal capacity and you agree to comply with these Terms and Conditions ; (2) you will not access the FatBoy’s Wings & Ting’s website through automated or non-human means, whether through a bot, script, or otherwise; (3) you will not use the FatBoy’s Wings & Ting’s website for any illegal or unauthorized purpose; and (4) your use of the FatBoy’s Wings & Ting’s website will not violate any applicable law or regulation.
You may not access or use FatBoy’s Wings & Ting’s website for any purpose other than that for which we make the FatBoy’s Wings & Ting’s website available. The FatBoy’s Wings & Ting’s website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Users cannot use the website to practice in territories in which they are not licensed. As a user of the FatBoy’s Wings & Ting’s website, you agree not to:
By submitting suggestions or other feedback regarding FatBoy’s Wings & Ting’s website, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on FatBoy’s Wings & Ting’s website. You are solely responsible for your Contributions to FatBoy’s Wings & Ting’s website and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.
We may provide you with areas on FatBoy’s Wings & Ting’s website to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding FatBoy’s Wings & Tings website(“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to (1) monitor FatBoy’s Wings & Ting’s website for violations of these Terms and Conditions ; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the FatBoy’s Wings & Tings website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the FatBoy’s Wings & Ting’s website in a manner designed to protect our rights and property and to facilitate the proper functioning of the FatBoy’s Wings & Tings website.
These Terms and Conditions shall remain in full force and effect while you use FatBoy’s Wings & Ting’s website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE FATBOY’S WINGS & TINGS WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE FATBOY’S WINGS & TINGS WEBSITE AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
We reserve the right to change, modify, or remove the contents of FatBoy’s Wings & Ting’s website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our FatBoy’s Wings & Ting’s website. We also reserve the right to modify or discontinue all or part of FatBoy’s Wings & Ting’s website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of FatBoy’s Wings & Ting’s website.
We cannot guarantee the FatBoy’s Wings & Ting’s website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to FatBoy’s Wings & Ting’s website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify FatBoy’s Wings & Ting’s website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use FatBoy’s Wings & Ting’s website during any downtime or discontinuance of FatBoy’s Wings & Ting’s website. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support FatBoy’s Wings & Ting’s website or to supply any corrections, updates, or releases in connection therewith.
These Terms shall be governed by the laws of the United States and you irrevocably consent that the courts of the United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
There may be information on FatBoy’s Wings & Ting’s website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on FatBoy’s Wings & Ting’s website at any time, without prior notice.
THE FATBOY’S WINGS & TINGS WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE FATBOY’S WINGS & TINGS WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FATBOY’S WINGS & TINGS WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE FATBOY’S WINGS & TINGS WEBSITE’S CONTENT OR THE CONTENT OF ANY VIRDOCARE (APP/WEBSITE)S LINKED TO THE FATBOY’S WINGS & TINGS WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FATBOY’S WINGS & TINGS WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FATBOY’S WINGS & TINGS WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FATBOY’S WINGS & TINGS WEBSITE BY ANY THIRD PARTY. AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FATBOY’S WINGS & TINGS WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FATBOY’S WINGS & TINGS WEBSITE, ANY HYPERLINKED FATBOY’S WINGS & TINGS WEBSITE, OR ANY FATBOY’S WINGS & TINGS WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE FATBOY’S WINGS & TINGS WEBSITE.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the FatBoy’s Wings & Tings website; (2) breach of these Terms and Conditions ; (3) any breach of your representations and warranties outlined in these Terms and Conditions ; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the FatBoy’s Wings & Ting’s website with whom you connected via the FatBoy’s Wings & Ting’s website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the FatBoy’s Wings & Tings website to manage the performance of the FatBoy’s Wings & Ting’s website, as well as data relating to your use of the FatBoy’s Wings & Ting’s website. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using FatBoy’s Wings & Ting’s website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting FatBoy’s Wings & Ting’s website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on FatBoy’s Wings & Ting’s website, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE FATBOY’S WINGS & TINGS WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by us on FatBoy’s Wings & Ting’s website or with respect to FatBoy’s Wings & Ting’s website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of FatBoy’s Wings & Ting’s website. You agree that these Terms and Conditions will not be construed against us by having drafted them. You hereby waive any plan you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
To resolve a complaint regarding the FatBoy’s Wings & Ting’s website or to receive further information regarding the use of the website, please contact us at:
Email Address: email@example.com
Phone number: 305-209-2533