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Terms of Use

Terms of Use

The Fat2Fly.com Website (the "Site") and Program (the "Program") is an online information service provided by 3 Guys in a Garage, LLC D/B/A Fat2Fly ("Fat2Fly.com"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR PROGRAM. BY ACCESSING OR USING THE SITE OR PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE OR PROGRAM. FAT2FLY.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE OR PROGRAM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

COPYRIGHT, LICENSES AND IDEA SUBMISSIONS

The entire contents of the Site and Program are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are 3 Guys in a Garage LLC, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site or Program solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Fat2Fly.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Fat2Fly.com by all means and in any media now known or hereafter developed. You also grant to Fat2Fly.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Fat2Fly.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Fat2Fly.com.

TRADEMARKS

Publications, services, content or products referenced herein or on the Site or Program are the exclusive trademarks or servicemarks of Fat2Fly.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

USE OF THE SITE

You understand that, except for information, products or services clearly identified as being supplied by Fat2Fly.com, Fat2Fly.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for Fat2Fly.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Fat2Fly.com. You also understand that Fat2Fly.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, PROGRAM AND THE INTERNET. FAT2FLY.COM PROVIDES THE SITE, PROGRAM AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND FAT2FLY.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. FAT2FLY.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. FAT2FLY.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL FAT2FLY.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF SYSTEMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF FAT2FLY.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, FAT2FLY.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Fat2Fly.com makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-Fat2Fly.com website, please understand that it is independent from Fat2Fly.com, and that Fat2Fly.com has no control over the content on that website. In addition, a link to a Fat2Fly.com website does not mean that Fat2Fly.com endorses or accepts any responsibility for the content, or the use, of such website.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fat2Fly.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

THIRD PARTY RIGHTS

The above provisions for Use of the Site and Indemnification are for the benefit of Fat2Fly.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

TERMINATION

This Agreement may be terminated by either party without notice at any time for any reason. The provisions for Copyright, Licenses and Idea Submissions; Use of the Site; Indemnification; Third Party Rights; and Miscellaneous shall survive any termination of this Agreement.

MEDICAL DISCLAIMER

This Site and Program are solely intended as reference materials only and not as medical or professional advice. The information provided is intended to give you the tools to make informed decisions about your lifestyle and personal appearance, not health. It should not be used as a substitute for any treatment that has been prescribed or recommended by your doctor or qualified healthcare professional.

Fat2Fly.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service expressly disclaim any responsibility for any adverse effects occurring as a result of use of the suggestions or information provided on this Site or Program. Fat2Fly.com does not and cannot claim this to be, in any way, shape, or form, a substitute for any surgical, drug, or other body-related treatments for your individual case. This Site and Program is offered as current information available about the subject for your own education. If you suspect you have a serious condition, it is imperative that you seek proper medical attention. And, as always, never begin any new procedures or exercises, including anything mentioned on this Site and Program without first consulting with your doctor or a qualified healthcare professional.

Fat2Fly.com does not claim to cure or remedy any illness, chronic disorder, or health condition. No promises or health claims are made for this Site and Program. You agree to assume any and/or all risk associated with or derived from, directly or indirectly, the usage of the information contained on this Site and Program. Fat2Fly.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service shall have neither responsibility nor liability for the consequences, injuries, or loss relating to the information provided on this Site or Program.

NO WARRANTY

Best efforts have been used to prepare the material presented on this Site and Program. Fat2Fly.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service however do not warrant the results for the effectiveness of this information containted on this Site and Program. Results vary due to individual efforts and factors. Fat2Fly.com may not be held liable, in any circumstance, for damages or loss, including but not limited to special or incidental cases.

By reading or viewing the information contained on this Site and Program you agree that you understand that the content provided is for educational and entertainment purposes only. By reading or viewing the information found on this Site and Program you agree that you will check, or do already understand, and will abide by all state, federal and local laws, rules, statutes, regulations and community standards in the use of this material. If necessary, you will seek proper legal or professional advice beforehand.

MISCELLANEOUS

This Agreement shall all be governed and construed in accordance with the laws of the State of Georgia, U.S.A., without reference to its conflicts of laws. You agree that any legal action or proceeding between Fat2Fly.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a state or federal court of competent jurisdiction sitting in Clayton County or Fulton County, Georgia. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Fat2Fly.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Fat2Fly.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.