Agreement to be Bound
- leasing, selling, copying, sublicensing, transferring, or assigning any information, intellectual property, goods, or services provided on the site
- using the site for any illegal purpose
- gaining unauthorized access to the company’s data or the data of other users
- altering, modifying, adapting, reverse engineering, decompiling, disassembling, or hacking the company’s intellectual property
- altering or modifying another website to falsely imply that it is associated with the company’s website,
- using or exporting the company’s information, products, or services in violation of U.S. export laws and regulations
- violating anyone else’s legal rights (for example, privacy rights) or any laws (for example, copyright laws) in the user’s jurisdiction
- using the website or the company’s services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct
- breaching, or attempting to breach, the website’s security systems
Service Interruptions and Updates
Any website can suffer either scheduled interruptions (for maintenance and upgrades purposes) or unintended shutdowns (for whatever reason). FATSTICK will notify users prior to any interruptions or to restore service within 72 hrs. If you are receiving an error or interruption of service please call (480) 277-3499.
Term, Termination, and Survival
Terms of agreement created between the user and FATSTICK begins the moment the user commences interacting with the website or uses any of its goods or services; the contractual relationship ends when the user is no longer availing itself of the site.
“This Agreement shall be effective as of the date (the “Effective Date”) the User accepts the terms herein or first accesses, downloads or uses any of the services or information (collectively, the “Services”) on the site and shall remain in effect for so long as the User uses or accesses any of the Services (the “Term”). Upon termination of the Term, the User shall no longer be permitted to use or access the Services.
Subscriber Data and Legal Compliance
The user shall make representations indicating that they are either the exclusive owner of their data or have the proper licenses or consents to use the data, and that FATSTICK will not be at risk of infringing any intellectual property rights of third parties.
Indemnification and Limitation of Liability
FATSTICK will not be held responsible for more than $100, or the cost of the item, in connection with any claim involving the user.
“Each party agrees to indemnify, defend, and hold harmless the other party from and against any loss, cost, or damage of any kind (including reasonable outside attorneys’ fees) to the extent arising out of its breach of this Agreement, and/or its negligence or willful misconduct.”
“This indemnity shall not cover any claims in which there is a failure to give the indemnifying party prompt notice, but only if and to the extent that such failure materially prejudices the defense.”
No amendments as of April 2018.
Notices. Any notices or communications required or permitted to be given by this Agreement must be (i) given in writing and (ii) personally delivered or mailed, by prepaid, certified mail or overnight courier, or transmitted by electronic mail transmission (including PDF), to the party to whom such notice or communication is directed, to the mailing address or regularly-monitored electronic mail address of such party as follows:
To Trevor Pan: FATSTICK
1901 E El Parque Dr
Attention: TREVOR PAN
Telephone: (480) 277-3499
Any such notice or communication shall be deemed to have been given on (i) the day such notice or communication is personally delivered, (ii) three (3) days after such notice or communication is mailed by prepaid certified or registered mail, (iii) one (1) working day after such notice or communication is sent by overnight courier, or (iv) the day such notice or communication is faxed or sent electronically, provided that the sender has received a confirmation of such fax or electronic transmission. A party may, for purposes of this Agreement, change his, her or its address, email address or the person to whom a notice or other communication is marked to the attention of, by giving notice of such change to the other party pursuant to this Section.
Notice by Mail
Parties may communicate via postal services, provided services shall be tracked and certified.
The email address provided above may be used for notices.
- Costs and attorneys’ fees. In the event of a legal dispute, the party that loses must pay the winning party’s legal fees.
- Choice of law. In the event of a dispute, the State of Arizona’s legal rules will be applied in the lawsuit.
- Jurisdiction. In the event of a dispute, a jurisdiction clause determines where Maricopa County located in the State of Arizona the lawsuit must be filed.
- Waiver. This permits the parties to forego or give up the right to sue for breach of a particular provision of the agreement without giving up any future claims regarding the same provision.
- Severability. This permits a court to sever an invalid provision and still keep the rest of the agreement intact.
- Integration. The written contract represents the final agreement of the parties. Any prior agreement or discussions of the agreement are replaced by the written contract and that any further modification to the contract must be in writing.
- Attachments. This guarantees that attachments and exhibits will be included as part of the agreement.
- Notice. See Notices provision above.
- Assignment. No parties shall sell or transfer their rights under the agreement to another party.
- Force majeure This agreement will be suspended in the event of unforeseen disasters such as earthquakes, hurricanes, floods, and so on.
- Headings. This clause provides that the headings used throughout the agreement have no special significance.
- Escrow. FATSTICK retains the right to place trade secrets, payments, or other information into a special account which will be opened only under certain conditions.
- Jury trial waivers. This establishes that when there is a court battle over the contract, the parties agree to have the dispute heard by the judge and to give up their right to a jury trial.
- Limitations on damages. $100 or the price of the item purchased.
- Warranties. These are promises or assurances made by each party regarding various contract obligations.
- Indemnity. The user guarantees that it will cover the costs of disputes brought by third parties using FATSTICK products.
- Confidentiality. FATSTICK guarantees that user information will not be publicly disclosed.
- Announcements. FATSTICK may make public disclosures of statements about a forthcoming merger or joint business venture.
- Counterparts. FATSTICK retains the right execute, modify a copy of the agreement without everyone being present in one place at one time to sign them all.