FatPassport Terms of Use and Privacy Statement |
Last Modified August 14, 2007 Bob Thomas Consulting, a Sole Proprietorship based in Palo Alto, California, including its successors operates the FatPassport.com web site. You may only use the Site pursuant to the following terms and conditions, which you accept by your use of the Site. Bob Thomas Consulting reserves the right to modify or revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the terms. Your continued use of the Site following posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site. LICENSE AND SITE ACCESS Bob Thomas Consulting grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, other than to purchase items which may be presented for sale either directly or via third-party links on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Bob Thomas Consulting. Any unauthorized use shall immediately terminate the licenses and rights granted to Fat Passport, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Fat Passport or it’s partners in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any Fat Passport, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of Bob Thomas Consulting, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable). Bob Thomas Consulting does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within my control. CONTENT Bob Thomas Consulting may be paid commissions or referral fees by some companies referenced on the Site. Bob Thomas Consulting disclaims any responsibility for, or liability related to, products and services (see Disclaimer of Warranties and Limitation of Liability, below) which may be referenced on this Site. Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller. Bob Thomas Consulting does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only. Bob Thomas Consulting assumes no liability for inaccuracy or incompleteness in opinions, reviews, or recommendations presented on the Site. OTHER BUSINESSES AND LINKS TO OTHER SITES Bob Thomas Consulting has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE BOB THOMAS CONSULTING AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE SITE IS PROVIDED BY BOB THOMAS CONSULTING ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOB THOMAS CONSULTING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. BOB THOMAS CONSULTING DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF MY CONTROL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOB THOMAS CONSULTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOB THOMAS CONSULTING MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM FAT PASSPORT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOB THOMAS CONSULTING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES. CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH BOB THOMAS CONSULTING’S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. INDEMNITY To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Bob Thomas Consulting harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use and Privacy Statement. GOVERNING LAW These Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in San Francisco, California, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in California and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in California. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in California with knowledge of Internet commerce in California and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section. IP OWNERSHIP AND COPYRIGHT INFRINGEMENT Bob Thomas Consulting disclaims any responsibility for the content of any third party materials provided through or on the Site or other services ("Third Party Content"). Bob Thomas Consulting will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include Bob Thomas Consulting removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to Bob Thomas Consulting regarding matters other than informing Bob Thomas Consulting that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process. INFRINGEMENT NOTIFICATION To be effective, your infringement notification must include the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site; 3. Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bob Thomas Consuliting to locate the material; 4. Information reasonably sufficient to permit Bob Thomas Consulting to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and 6. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Upon receipt of the written notification containing the information as outlined in 1 through 6 above: 1. Bob Thomas Consulting shall remove or disable access to the Third Party Content that is alleged to be infringing; 2. Bob Thomas Consulting shall forward the written notification to the alleged infringer (the "Subscriber"); 3. Bob Thomas Consulting shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content. COUNTER NOTIFICATION To be effective, a Counter Notification must be a written communication provided to Bob Thomas Consulting that includes substantially the following: 1. A physical or electronic signature of the Subscriber; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; 4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which Bob Thomas Consulting may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and Bob Thomas Consulting will comply with this requirement within a reasonable time (or as otherwise required by law), provided Bob Thomas Consulting's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on the network or system. GENERAL If any provision of these Terms of Use and Privacy Statement or the Member Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and the Member Agreement and all agreements and notices incorporated herein may be automatically assigned by Bob Thomas Consulting, in our sole discretion, to a third party. You may not assign your obligations to any other entity. PRIVACY POLICY We want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address ("personal information"). We do not require that you provide, nor do we collect, any personal information if you are just browsing the Site. We may offer on the Site non-transactional and transaction based services ("Service(s)") in which, subject to applicable terms and availability, you may participate (e.g., submitting comments to the Site, or submitting your email address to request receipt of electronic newsletter or for other purposes). This information will not be disclosed to any third parties. The Site may utilize third party technology such as tracking technology from Commission Junction. This tracking technology, to the knowledge of Bob Thomas Consulting, does not track any of your personal information, and specifically is intended only to track click-throughs to Advertiser sites in the CJ Network for purposes of appropriately compensating Bob Thomas consulting with commissions. Bob Thomas Consulting will not knowingly disclose your personal information to any third party unless: 1) it is necessary in order to provide you with a particular Service you have requested; 2) it is required of in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request); 3) Bob Thomas Consulting determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of Bob Thomas Consulting. Our web servers collect from Site visitors’ statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site, nor do we use this information for any such purpose. This information is collected to assist us in maintaining a high quality site, as well as, providing necessary traffic information for advertisers. The Site contains links to web sites of third parties. Bob Thomas Consulting is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. Bob Thomas Consulting adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site. Bob Thomas Consulting uses third-party advertising companies to serve ads on the Site. These companies may use anonymous information about your visits to our website and other websites, but to the knowledge of Bob Thomas Consulting will not collect any information which can personally identify you or can be linked to you. Copyrights and Trademarks All content on the Site (collectively, "materials") is protected by copyright law and other intellectual property laws, and are owned by Bob Thomas Consulting and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and Bob Thomas Consulting has, in its sole discretion, given its prior written approval to such use of the Site's materials.
www.fatpassport.com Website -Privacy Statement This document was last updated on October 29, 2007. 1. Acknowledgement and acceptance of terms Bob Thomas Consulting is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing www.fatpassport.com, you acknowledge and fully understand Bob Thomas Consulting’s Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement. 2. Participating Merchant Policies Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in Bob Thomas Consulting services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties. 3. Information We Collect and How We Use It Bob Thomas Consulting collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies. a. Web Server Logs. When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
b. Use of Cookies Bob Thomas Consulting may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality. Bob Thomas Consulting reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into Bob Thomas Consulting.com a site that relies on third-party cookies). You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.
Visitors to our website can register to purchase services, or can submit their email address in order to receive newsletters or other requested information. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. If you are purchasing a product or service directly from Bob Thomas Consulting (i.e., not partners or advertisers on www.fatpassport.com), we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting. We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including: § To fulfill your service requests for services. § To protect ourselves from liability, § To respond to legal process or comply with law, or § In connection with a merger, acquisition, or liquidation of the company. 4. Use of Web Beacons or GIF files www.fatpassport.com web pages may contain electronic images known as Web beacons – sometimes also called single-pixel gifs – that allow Bob Thomas Consulting to count users who have visited those pages and to deliver co-branded services. Bob Thomas Consulting may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon. Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the site. Bob Thomas Consulting prohibits Web beacons from being used to collect or access your personal information. 5. Accessing Web Account Information We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email to bob@bobthomas.biz. 6. Changes to this Statement Bob Thomas Consulting has the discretion to occasionally update this privacy statement. When we do, we will also revise the “updated” date at the top of this Privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates. 7. Contacting Us If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact bob@bobthomas.biz Attention: Privacy Statement Personal Bob Thomas Consulting will use commercially reasonable efforts to promptly respond and resolve any problem or question.
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