OVERVIEW
This website is operated by Fat Glob LLC. Throughout the Site, the terms "we," "us," and "our" refer to Fat Glob, LLC ("FatGlob," the "Company"). FatGlob owns and operates its e-commerce website and any associated subdomains, mobile versions, applications, tools, technology, social media accounts, an SMS program, and other programs (collectively, the "Site"), together with the services and products made available through the Site (collectively, the "Services"). FatGlob offers the Site, including all information, tools, and Services available from the Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
These Terms of Service (the "Terms") govern your access to and use of the Site and Services and constitute a legally binding agreement between you, an individual user or a single entity (collectively or individually, "you," "your," or "User"), and FatGlob. By visiting the Site, registering an account, consenting to our SMS/text-messaging service, purchasing a product, or otherwise using any part of the Site, you agree to be bound by these Terms and by all documents incorporated by reference, including our Privacy Policy, Return & Refund Policy, Shipping Policy, and any Subscription Terms. These Terms apply to all users of the Site, including without limitation browsers, vendors, customers, merchants, and contributors of content. If you do not agree to all of these Terms, you may not access the Site or use any Services.
Any new features or tools added to the current store are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Site, with all changes effective immediately upon posting. It is your responsibility to check this page periodically. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and Services to you. We may also offer our products through third-party marketplaces, including TikTok Shop and Amazon; purchases made through those platforms are also subject to the terms and policies of the applicable platform.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ANY FUTURE MODIFICATIONS. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER (SEE SECTIONS 29 AND 30) THAT AFFECT YOUR LEGAL RIGHTS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE.
1. ELIGIBILITY; CHILDREN
You must be at least the age of majority in your state or province of residence (18 in most U.S. states; older in some jurisdictions) to register with us, make a purchase, or otherwise transact through the Site. By using the Site, you represent and warrant that you are at least the age of majority, or that you are the age of majority and have given consent to allow any of your minor dependents to use the Site under your supervision. The Site is not intended for, and is not directed to, users under the age of 18, and such users are expressly prohibited from registering for any account, contest, or survey, from making any purchase, and from registering for any aspect of the Site.
If you are under 18, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. We do not knowingly collect personal information from or about persons under the age of 18 through the Site.
Our products are oral care and personal care products intended for use by, or under the supervision of, an adult. Children should use our products only with adult supervision and in accordance with the directions and warnings on the product label and packaging (see Section 12 — Product Use, Safety, and Health Disclaimer).
You may not use our products or the Site for any illegal or unauthorized purpose, nor may you, in your use of the Services, violate any law in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of these Terms may result in immediate termination of your Services.
2. PRIVACY
Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms for all purposes. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. By accessing the Site, using the Services, or registering for an account, you agree that we may collect, process, and disclose your personal information in accordance with our Privacy Policy and any applicable state-specific notices.
3. MODIFICATION OF THE TERMS
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time and for any reason. We may notify you of such changes through a variety of means, including a change to the "Last Updated" date set forth above. All changes are effective immediately upon posting. Please check these Terms periodically. Your continued use of the Site after the posting of changes constitutes your binding acceptance of those changes. FatGlob will not be held responsible or liable for the timeliness of, or removal of, information; failure to store information; inaccuracy of information; or improper delivery of information.
4. SITE ACCESS AND LICENSE
FatGlob grants you permission to use the Site as set forth in these Terms, provided that and for so long as: (i) you use the Site solely for your personal, non-commercial use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display, or otherwise use or exploit any portion of the Site in any medium without our prior written authorization; (iii) you do not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (iv) you do not engage in any of the prohibited uses described in Section 22; and (v) you otherwise fully comply with these Terms.
The Site is controlled and offered by FatGlob from the United States of America. We make no representation that the Site is appropriate or available for use in other locations. If you access or use the Site from other jurisdictions, you do so at your own risk and are responsible for compliance with local laws.
5. ACCOUNT REGISTRATION AND ELIGIBILITY
To access some features of the Site, you may have to create an account. Where any Site content or function requires registration, you must complete the registration process by providing complete and accurate account information. Each registration is for a single user only. Once an account is created, you agree to (a) maintain and promptly update your information as necessary; (b) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf; and (c) immediately notify us if you discover or suspect any security breach related to the Site. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend and/or terminate any and all current or future use of the Site.
You may not authorize others to use your account, and you may not assign or transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure, you must immediately notify us using the contact options available on the Site.
By providing information or answering questions, you consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing or saving them.
YOU ARE SOLELY LIABLE FOR LOSSES, DAMAGES, LIABILITIES, AND EXPENSES INCURRED BY YOU, FATGLOB, OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT, REGARDLESS OF WHETHER YOU HAVE NOTIFIED US OF SUCH UNAUTHORIZED USE. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect the same, we may suspend or terminate your account and refuse any and all current or future use of the Services. You agree not to create an account or use the Services if you have previously been removed or banned by us.
You may cancel your account at any time by following the instructions on the Site or by contacting us. Accounts terminated by us for any type of abuse, including violation of these Terms, may not be reactivated. We reserve the right to terminate your account in our sole discretion and without prior notice. If you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your account and remove your User Content from the Site.
6. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the Site through which the Service is provided, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
7. PURCHASES, PRICING, AND ACCURACY OF BILLING
We offer oral care and personal care products and Services for sale on the Site. Please read all pricing terms carefully in the areas of the Site that allow you to make purchases. Your use of the Site includes the ability to enter into agreements and make transactions electronically; you acknowledge that entering into a transaction electronically constitutes your agreement and intent to be bound by, and to pay for, such transactions. You agree to pay all fees and applicable taxes incurred by you or anyone using your account.
Unless otherwise noted, all currency references are in U.S. dollars. We are not responsible for typographic errors. Prices for our products are subject to change without notice.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed under the same customer account, the same credit card, and/or the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. In the event we change or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time of the order. You agree to provide current, complete, and accurate purchase and account information and to promptly update it so we can complete your transactions and contact you as needed.
EXCEPT AS OTHERWISE SET FORTH IN OUR RETURN & REFUND POLICY OR ANY CANCELLATION POLICY APPLICABLE TO OUR PRODUCTS, SERVICES, OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT APPLICABLE FEES AND CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
8. SUBSCRIPTIONS AND AUTOMATIC RENEWAL
If you enroll in a subscription, subscribe-and-save, or auto-replenishment program (a "Subscription"), the following terms apply in addition to the disclosures presented at enrollment and at checkout:
- You authorize us and our payment processor to automatically charge your payment method on a recurring basis at the then-current price and billing interval you selected, until you cancel.
- Your Subscription will automatically renew at the end of each billing cycle unless you cancel before the next billing cutoff date.
- We will disclose the price, billing frequency, and renewal terms clearly and conspicuously before you enroll, and will obtain your affirmative consent to those terms.
- You may cancel at any time through your account dashboard or as described at the time of enrollment. Cancellation takes effect at the end of the then-current billing cycle, and shipments already processed are not affected.
- Prices for Subscriptions may change upon notice to you; your continued enrollment after a price change constitutes acceptance of the new price.
- We will provide any renewal reminders, cancellation acknowledgments, and other notices required by applicable federal and state automatic-renewal laws.
9. PRODUCTS, SERVICES, AND CLAIM SUBSTANTIATION
Certain products or Services may be available exclusively online through the Site and may have limited quantities; they are subject to return or exchange only according to our Return & Refund Policy. We have made every effort to display the colors and images of our products as accurately as possible, but we cannot guarantee that your device's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, and to limit the quantities of any products or Services we offer. Because our products are regulated as cosmetic and personal care products, availability may be restricted in certain jurisdictions, and we do not represent that our products are appropriate or available for use or sale outside the United States. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on the Site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. All marketing statements and on-site claims regarding our products' ingredients and benefits are intended to be consistent with our substantiation and with applicable law. These Terms do not authorize, and should not be read to expand, any product claim beyond what is supported by our approved claims documentation.
10. MODIFICATIONS TO THE SERVICE AND PRICES; SERVICE TESTING
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice, and we shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. We may make changes to or discontinue any of the media, products, or Services available on the Site at any time and without notice; the materials on the Site may be out of date, and we make no commitment to update them. From time to time we test various aspects of the Site, including user interfaces, service levels, features, availability, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
11. OPTIONAL TOOLS AND THIRD-PARTY LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools, and any such use is entirely at your own risk and discretion.
Certain content, products, and Services available via the Service may include materials from third parties, and third-party links on the Site may direct you to third-party websites that are not affiliated with us ("Reference Sites"). We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability for, any third-party materials or websites, or for any other materials, products, or Services of third parties. The inclusion of any link does not imply our affiliation, endorsement, or adoption of the Reference Site. We may earn a portion of sales from products purchased through the Site as part of affiliate partnerships. Please review the applicable terms and privacy practices of any Reference Site before transacting.
ACCESS AND USE OF REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
12. PRODUCT USE, SAFETY, AND HEALTH DISCLAIMER
General. Our products are oral care and personal care products. Always read and follow the directions, warnings, and ingredient information on the product label and packaging before use. Use our products only for their intended purpose.
Not medical or dental advice. Information provided by FatGlob — on the Site, in our content, or on our packaging — is for general informational purposes only and is not a substitute for professional dental or medical advice, diagnosis, or treatment, and does not create a doctor/patient relationship. Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition except as expressly stated in compliance with applicable law. Always consult a licensed dentist or physician regarding your oral health, before changing your oral care routine, and if you have any condition that may be affected by use of our products. Never disregard professional advice or delay seeking it because of something you read from us. Individual results may vary, and we do not guarantee that you will attain any particular result.
Allergens and sensitivities. Our products contain the ingredients listed on their labels. If you have a known allergy or sensitivity to any ingredient, do not use the product. Discontinue use and consult a healthcare professional if you experience irritation, an allergic reaction, or any adverse effect. Patch testing is recommended for sensitive users where appropriate.
Children. Keep out of reach of children except under adult supervision. Children should use our toothpaste and brushing products only with adult supervision, in accordance with label directions, and should use only the recommended amount. Please consult a professional or Poison Control if swallowed or in case of excessive ingestion.
Choking and small parts. Certain products and components (including toothbrush heads and small parts) may present a choking hazard for young children. Keep away from infants and small children.
Pregnancy and medical conditions. If you are pregnant, nursing, or have a medical condition, consult your healthcare provider before use.
13. ELECTRONIC PRODUCTS, BATTERIES, AND LIMITED WARRANTY
Battery safety. Our electric toothbrush contains a rechargeable lithium-ion battery. Use only the charger and accessories provided or specified by us. Do not puncture, crush, disassemble, short-circuit, incinerate, expose to extreme heat or to water beyond the product's stated rating, or attempt to replace the battery yourself. Misuse may cause fire, leakage, injury, or property damage. Charge and store the product according to the instructions. Dispose of the product and battery in accordance with local regulations, and do not dispose of the battery in household trash where prohibited.
Limited warranty. We provide a limited warranty on the electric toothbrush against defects in materials and workmanship under normal use for a period of twelve (12) months from the date of purchase. This warranty does not cover normal wear, replaceable brush heads, or damage resulting from misuse, accident, unauthorized repair, or water exposure outside the product's rating. Our sole obligation under this warranty is, at our option, to repair, replace, or refund the product. To the extent permitted by law, all other warranties on electronic products are disclaimed. This warranty gives you specific legal rights, and you may have other rights that vary by jurisdiction. To make a warranty claim, please use the contact options available on the Site and include proof of purchase.
14. RETURNS, REFUNDS, AND HYGIENE PRODUCTS
Returns and refunds are governed by our Return & Refund Policy, which is incorporated into these Terms by reference. Because our products are personal care and hygiene items, opened or used consumable products may not be eligible for return for health and safety reasons, except where the product is defective or as otherwise required by law. Defective or damaged products will be handled in accordance with our Return & Refund Policy.
15. OWNERSHIP; INTELLECTUAL PROPERTY; PROPRIETARY RIGHTS
The Site and all content, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, Services, proprietary information, copyrights, service marks, trademarks, trade names, trade dress, distinctive information such as logos, the FatGlob name and logo, related brand names, original characters and their designs, wordmarks, and the selection, sequence, "look and feel," and arrangement of items, and all other elements provided by FatGlob (collectively, "FatGlob Materials") are owned by or licensed to FatGlob and are legally protected under U.S. federal and state laws and regulations as well as applicable foreign laws, regulations, and treaties, except for the trademarks, service marks, and logos of third parties contained therein ("Third-Party Marks"). FatGlob Materials do not include Non-FatGlob Content (as defined below).
Except as expressly authorized by FatGlob, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site, the FatGlob Materials, our characters, or our marks. FatGlob reserves all rights not expressly granted in these Terms. You acquire no right, title, or interest in the FatGlob Materials except for the limited rights expressly set forth in these Terms. Your use of the Site or any Services does not create, and nothing contained in the Site shall be construed as creating or conferring upon you, by implication, estoppel, or otherwise, any license or other rights in the trademarks, service marks, copyrights, or other intellectual property of FatGlob, its suppliers, or any third party.
16. SOFTWARE LICENSE
If any of the FatGlob Materials we make available to you is software capable of being downloaded, streamed, or otherwise accessed, then that software and all related files, images, and data are licensed (not sold) to you under a personal, limited, non-transferable, non-sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Upon notice of revocation, you must destroy all copies of the software in your possession or under your control. We retain full ownership of and title to the software and all related intellectual property rights. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Software downloaded from the Site is subject to United States export control laws, and you represent and warrant that you are not acting in violation of those laws.
17. USER CONTENT
Parts of the Site may offer an opportunity for users to post or link media, text, audio and video recordings, photos, graphics, commentary, reviews, or other information or content ("User Content") and to host or share such User Content. Your User Content does not reflect the views and opinions of FatGlob, its agents, or affiliates. We make no representation that your User Content will remain available via the Site, and we may remove your User Content at our sole discretion.
YOU UNDERSTAND THAT ANY USER CONTENT YOU POST FOR VIEWING ON THE SITE IS MADE PUBLICLY AVAILABLE, AND FATGLOB DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.
Your representations and warranties regarding User Content. You are entirely responsible for the content of, and any harm resulting from, your User Content. When you create or make available User Content, you agree, represent, and warrant that:
(a) the creation, distribution, transmission, public display and performance, accessing, downloading, and copying of your User Content does not and will not infringe any proprietary, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property rights ("IP Rights") of any third party;
(b) you are the owner or license holder, or otherwise have the authority and legal right to use the User Content;
(c) your User Content does not contain any viruses, worms, Trojan horses, malicious code, or other harmful or destructive content;
(d) your User Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, does not incite or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
(e) your User Content does not solicit personal information from anyone under 18, does not exploit persons under 18 in a sexual or violent manner, and does not violate any law concerning child protection or privacy;
(f) if your employer has rights to intellectual property you create, you have either received permission from your employer to make the User Content available or secured a waiver of all such rights;
(g) your User Content does not violate any state or federal law designed to regulate electronic advertising, and complies with the Federal Trade Commission's guidance on endorsements and testimonials, including disclosure of any material connection to us;
(h) your User Content does not constitute, install, or promote spyware, malware, or other code designed to gather information about or monitor another party;
(i) if your User Content includes any statement about a product's effects or benefits, that statement reflects your own genuine experience and is not a representation or guarantee by us;
(j) if your User Content contains pictures, videos, or comments regarding anyone under 18, you are that person's parent or legal guardian, you have all legal permissions to post such User Content, and you irrevocably consent to our use of each such minor's name, likeness, and voice for any lawful purpose;
(k) you irrevocably consent to our use of your name, likeness, and voice contained in the User Content for any lawful purpose, including trade, exhibition, illustration, promotion, publicity, advertising, and electronic publication in any media worldwide in perpetuity, without payment or other consideration; and
(l) you assume all liability for all royalties, licenses, fees, and other charges in connection with any content contained in your User Content.
Grant of User Content rights. By submitting User Content to FatGlob, you grant FatGlob a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Site and our (and our successors', transferees', sublicensees', and affiliates') business, including for marketing and advertising and for promoting and redistributing part or all of the Site in any media. You grant us and our sublicensees the right to use the name you submit in connection with such User Content. You also agree to irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content. The license you grant in User Content is perpetual and irrevocable, except that for User Content you have removed or deleted while maintaining your account, or following deactivation of your account, you may notify us to terminate the foregoing license, identifying the specific item(s), in which case the license will terminate within a commercially reasonable time, although we may retain (but not display or perform) server copies. Notwithstanding the foregoing, the license granted in user comments and reviews is perpetual and irrevocable.
Exposure to Non-FatGlob Content disclaimer. You understand that when using the Site you will be exposed to User Content, advertising, and other third-party content (together, the "Non-FatGlob Content") from a variety of sources, and that you may be exposed to Non-FatGlob Content that is inaccurate, offensive, indecent, or otherwise objectionable. FatGlob does not endorse any Non-FatGlob Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will FatGlob be liable in any way for or in connection with the Non-FatGlob Content, including, but not limited to, for any inaccuracies, errors, or omissions in any Non-FatGlob Content, any intellectual property infringement or misappropriation with regard to any Non-FatGlob Content, or for any loss or damage of any kind incurred as a result of the use of any Non-FatGlob Content posted, emailed, or otherwise displayed or transmitted through the Site.
Non-monitoring of users and Non-FatGlob Content. You understand that you, and not FatGlob, are entirely responsible for all User Content that you upload, post, email, transmit, or otherwise make available through the Site. FatGlob does not control Non-FatGlob Content posted by users or otherwise made available by other persons or entities and does not have any obligation to monitor such Non-FatGlob Content for any purpose. If at any time FatGlob chooses, in its sole discretion, to monitor the Non-FatGlob Content, FatGlob nonetheless assumes no responsibility for the Non-FatGlob Content, no obligation to modify or remove any inappropriate Non-FatGlob Content, no obligation to continue to monitor the Non-FatGlob Content, and no responsibility for the conduct of the user or other person or entity submitting any such Non-FatGlob Content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content or other Non-FatGlob Content, including reliance on the accuracy, completeness, usefulness, non-infringement, or legality of such User Content or other Non-FatGlob Content.
Removal of Non-FatGlob Content. FatGlob and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or to remove any Non-FatGlob Content that is available on the Site, in whole or in part, at any time, for any reason or no reason, with or without notice, and with no liability of any kind.
18. REVIEWS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us creative ideas, suggestions, proposals, plans, reviews, photos, videos, or other materials, whether at our request or unsolicited (collectively, "Feedback"), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, display, and otherwise use in any medium any Feedback you forward to us, including for marketing and advertising purposes. IN CONSIDERATION OF OUR PROVIDING ACCESS TO THE SITE, YOU GRANT US A PERPETUAL, IRREVOCABLE, WORLDWIDE, ROYALTY-FREE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE, AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK WITHOUT ANY COMPENSATION OR CREDIT TO YOU. You represent and warrant that you have the right to make this grant and that your Feedback does not infringe any third-party rights. We are under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback. We will treat all Feedback as non-confidential and non-proprietary.
19. THIRD-PARTY SOCIAL MEDIA
In certain sections of the Site, you may be able to post comments or connect your account to third-party platforms such as X (Twitter), Facebook, YouTube, Pinterest, Instagram, TikTok, or LinkedIn. Please pay careful attention to the privacy settings on those platforms, which impact this feature and may give you some control over the information shared and with whom. BY CONNECTING YOUR SITE ACCOUNT TO A THIRD-PARTY SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THOSE PLATFORMS, IN ACCORDANCE WITH YOUR PRIVACY SETTINGS. IF YOU DO NOT WANT INFORMATION ABOUT YOU SHARED IN THIS MANNER, DO NOT USE THESE FEATURES.
20. PURCHASES ON THIRD-PARTY MARKETPLACES
In addition to purchases on the Site, you may be able to purchase our products through third-party marketplaces, including TikTok Shop and Amazon. The terms associated with your transactions on those platforms are subject to the terms, conditions, and privacy policies of the applicable platform. If you have problems or questions regarding a transaction on a third-party platform, please contact that platform directly. We are not liable for any harm or damages related to purchases or transactions made in connection with any third-party websites or marketplaces.
21. YOUR DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of, advertisers and other users found on or through the Site are solely between you and such advertiser or user. YOU AGREE THAT FATGLOB WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE SITE.
22. PROHIBITED USES
As a condition of your use of the Site, you represent, warrant, and agree that you will not, and will not permit any third party to:
(a) use the Site or Services for any unlawful, criminal, or tortious activity, including fraud, harassment, spamming, copyright or trademark infringement, patent infringement, unfair competition, or theft of trade secrets;
(b) solicit others to perform or participate in any unlawful acts, or violate any international, federal, state, provincial, or local regulation, rule, law, or ordinance;
(c) defraud users, or collect or attempt to collect personal information about users or third parties without their consent;
(d) transmit chain letters or junk email, or advertise or solicit any user to buy or sell any product or service, or use information obtained from the Site to contact, advertise to, solicit, or sell to any user;
(e) engage in any automated use of the system, or use any robot, spider, scraper, or other automated means to access the Site without our express prior written permission, or bypass robot-exclusion headers or other access-restriction measures;
(f) scan, scrape, harvest, hack, monitor, or copy any information from the Site — including sales, usage, layouts, promotions, partner information, pricing, or codes — for any competitive purpose, or register an account to learn how the Site works in order to compete with us;
(g) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to it, or use the Site in a manner that depletes infrastructural resources or slows or interferes with normal operation;
(h) attempt to impersonate another user or person, use another user's username, or sell or transfer your profile or account;
(i) use information obtained from the Site to harass, abuse, or harm another person, or to stalk another person;
(j) remove any copyright, trademark, or other proprietary notice from any portion of the Site;
(k) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display or perform, transmit, stream, broadcast, or otherwise exploit the Site or Services except as expressly permitted by us;
(l) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Site, except to the extent expressly permitted by applicable law notwithstanding this limitation;
(m) link to, mirror, or frame any portion of the Site, or use meta tags or hidden text utilizing our name or trademarks, without our express prior written consent;
(o) attempt to gain unauthorized access to, impair, or interfere with any aspect of the Site, the Services, or their related systems or networks, or any security measure used by the Site;
(p) upload or transmit viruses, worms, spyware, adware, or other malicious code, or place a disproportionate load on the Site with the intent of denying service to others;
(q) submit content that is purposely inaccurate, fraudulent, or that falsifies information in connection with your account, or create multiple accounts;
(r) use the Site or its contents to advertise or solicit for any commercial, political, or religious purpose, or to compete, directly or indirectly, with FatGlob;
(s) provide professional medical, dental, health, legal, tax, financial, or investment advice through the Site;
(t) discuss the mechanics of, or attempt to manipulate the outcome of, any sweepstakes, contest, auction, flash sale, or similar promotion offered on the Site; or
(u) otherwise violate these Terms.
Unauthorized or prohibited use of the Site or the FatGlob Materials may subject you to civil liability, criminal prosecution, or both under federal, state, and local laws. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
23. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions — including health or dental-care decisions — without consulting primary, more accurate, more complete, or more timely sources of information, including a licensed dental professional. Any reliance on the material on the Site is at your own risk. This site may contain historical information, which is provided for reference only and is not necessarily current. We reserve the right to modify the contents of the Site at any time but have no obligation to update any information. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders (including after you have submitted your order), without prior notice.
24. DISCLAIMERS; NO WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE THAT, AS USED IN THIS SECTION 24 AND IN SECTIONS 25 AND 26 BELOW, THE TERM "FATGLOB" INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS.
NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FATGLOB DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FATGLOB OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
"AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." YOUR USE OF THE SITE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY STATED BY US (INCLUDING ANY WRITTEN LIMITED PRODUCT WARRANTY), THE SITE, FATGLOB MATERIALS, USER CONTENT, NON-FATGLOB CONTENT, AND ALL PRODUCTS AND SERVICES DELIVERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF THE FOREGOING WILL BE CORRECTED, OR THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
HARM TO YOUR DEVICE. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE OR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS.
HEALTH CONTENT. YOU UNDERSTAND AND AGREE THAT ANY HEALTH AND WELLNESS CONTENT OR INFORMATION IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL OR DENTAL ADVICE, DOES NOT SERVE AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE OR DENTISTRY. YOUR USE OF THE SITE DOES NOT CREATE A DOCTOR/PATIENT RELATIONSHIP. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE SITE. ALTHOUGH WE STRIVE TO ENSURE THE INFORMATION ON THE SITE IS CORRECT, WE CANNOT GUARANTEE THAT IT IS ALWAYS ACCURATE AND UP TO DATE.
25. LIMITATION OF LIABILITY AND DAMAGES
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND UNDER NO LEGAL THEORY (INCLUDING NEGLIGENCE), SHALL FATGLOB OR ITS THIRD-PARTY COLLABORATORS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, BUSINESS INTERRUPTION, OR COST OF COVER), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCTS OR SERVICES, OR ANY OTHER INTERACTION WITH FATGLOB, EVEN IF FATGLOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF DAMAGES. IN NO EVENT SHALL FATGLOB'S (OR ITS THIRD-PARTY COLLABORATORS', LICENSORS', OR SUPPLIERS') TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR ANY PRODUCT (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO FATGLOB FOR THE PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR OTHER NON-WAIVABLE RIGHTS.
26. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS APPLY TO THE FULLEST EXTENT PERMITTED UNDER THE LAW OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
YOU ACKNOWLEDGE AND AGREE THAT FATGLOB HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THEY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK, AND THAT THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FATGLOB, WITHOUT WHICH FATGLOB WOULD NOT BE ABLE TO PROVIDE THE SITE ON AN ECONOMICALLY REASONABLE BASIS.
27. INDEMNIFICATION; HOLD HARMLESS
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FAT GLOB LLC AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, MEMBERS, AGENTS, CONTRACTORS, SUBCONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, INTERNS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (I) YOUR USE OR MISUSE OF THE SITE OR ANY PRODUCT; (II) YOUR USER CONTENT, INCLUDING OUR EXERCISE OF THE LICENSE RIGHTS GRANTED HEREIN; (III) YOUR VIOLATION OF THESE TERMS OR THE DOCUMENTS THEY INCORPORATE; (IV) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, INCLUDING ANY CLAIM THAT YOUR USER CONTENT INFRINGES THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
FATGLOB RESERVES 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 WITH OUR DEFENSE. YOU AGREE NOT TO SETTLE ANY SUCH MATTER WITHOUT OUR PRIOR WRITTEN CONSENT. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM UPON BECOMING AWARE OF IT.
28. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
Infringement claims. If you are a copyright owner or an agent thereof and believe that any User Content or other Non-FatGlob Content infringes your copyrights, you may submit a notification under the Digital Millennium Copyright Act ("DMCA") by providing our designated Copyright Agent with the following in writing (see 17 U.S.C. § 512(c)(3)):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are covered;
(c) identification of the material claimed to be infringing, including the link or URL for all such material on the Site, sufficient to permit us to locate it;
(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
(e) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Notice and takedown. Upon receiving a proper notification, we will respond expeditiously by removing or disabling access to the material claimed to be infringing, and will comply with the appropriate DMCA provisions if a counter-notification is received. We may, at our discretion, deny access to the Site by, or disable and/or terminate the accounts of, users who may be repeat infringers.
Counter-notification. If your content was removed and you wish to dispute the removal, you may provide our Copyright Agent with a written counter-notification (governed by 17 U.S.C. § 512(g)) that: (a) identifies the specific URLs of the material removed; (b) provides your full name, address, telephone number, email address, and account username; (c) provides a statement that you consent to the jurisdiction of the federal court in the district where your address is located (or, if outside the U.S., where our service provider is located) and that you will accept service of process from the party who provided the original notification; and (d) includes the following statement: "I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
After we receive your counter-notification, we will forward it to the party who submitted the original claim (including your identifying information, to which you consent). If that party does not notify us within ten (10) business days that it has filed an action seeking a court order, we may, but are not obligated to, reinstate the disputed material.
Disclaimer: We are not your attorneys, and the information presented here is not legal advice; it is provided for informational purposes only.
Our designated Copyright Agent to receive notifications of claimed infringement is reachable below:
Jacobson Russell Saltz Nassim & de la Torre, LLP
1880 Century Park East, Suite 900, Los Angeles, CA 90067
Email: sunny@jrsnd.com
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE THE ALLEGEDLY INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
29. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Informal resolution first. For any dispute you have with us, you agree to first contact us using the contact options on the Site and attempt to resolve the dispute informally. If we are unable to resolve the dispute within thirty (30) days, either party may proceed as set forth below.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your purchase or use of our products or the Services that is not resolved informally will be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will be governed by the Federal Arbitration Act and administered by a recognized arbitration provider under its applicable rules. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this agreement to arbitrate.
Class action waiver. YOU AND FATGLOB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Opt-out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice of your decision to opt out using the contact options on the Site, including your name and the email associated with your account. If you opt out, neither party will be required to arbitrate, and disputes will be resolved in the courts identified in Section 31.
30. JURY-TRIAL WAIVER AND ONE-YEAR LIMITATION PERIOD
JURY WAIVER. TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION AND PROCEEDS IN COURT, IN ANY ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THESE TERMS OR ARISING OUT OF YOUR USE OF THE SITE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
ONE-YEAR LIMITATION. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
31. GOVERNING LAW AND VENUE
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law principles. Subject to the arbitration provision in Section 29, you agree that any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of Florida, and you consent to the personal jurisdiction and venue of those courts. You agree that you will not file or participate in a class action against us.
32. NOTICES
We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Site. If notice is by email or mail, it will be provided to the email or mailing address in your account information, and it is your responsibility to keep that information current. Notice to you is deemed given twenty-four (24) hours after an email is sent (unless we are notified the address is invalid) and, if by postal mail, three (3) days after the date of mailing. You may provide us with notices only through the contact options identified in Section 35.
33. SMS MESSAGING PROGRAM
These Terms apply to FatGlob's SMS messaging program. By providing your contact information and mobile phone number, you consent to FatGlob's SMS/text-messaging service and agree to receive recurring SMS/text messages from and on behalf of FatGlob through your wireless provider to the mobile number you provided, even if that number is registered on any state or federal Do Not Call list. Your participation is voluntary and is not a condition of any purchase or of using the Site.
FatGlob may send recurring service-related and promotional messages, including abandoned-cart reminders. You may opt out at any time by texting the keyword STOP to [insert sending number]; you will receive a one-time opt-out confirmation, after which no further messages will be sent unless you re-initiate. For help, text HELP to [insert sending number] or use the contact options on the Site. You agree to provide a working mobile number belonging to you; any change to your number requires you to re-enroll with the new number. Message frequency varies, and standard message and data rates may apply. FatGlob will not be liable for delayed or undelivered messages.
34. SUPPLIERS; USE OUTSIDE THE UNITED STATES; CALIFORNIA NOTICE
Use of suppliers. FatGlob uses service providers, licensors, and other third parties (each, a "Supplier") to host and facilitate the Site, provide supporting services, and create the Site and its content. References to FatGlob in the disclaimer and limitation provisions include such Suppliers as applicable.
Use outside the United States; void where prohibited. FatGlob makes no representation that the information on the Site is appropriate or available for use outside the United States, and access from territories where the content may be illegal is prohibited. The Site may reference products and services that are not available or are prohibited in your country. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. Any offer for any feature, product, or service on the Site is void where prohibited.
Notice for California users. Under California Civil Code Section 1789.3, California users are entitled to the following consumer-rights notice: the Services are provided by Fat Glob LLC. To file a complaint or for questions regarding the Services, contact us using the options in Section 35. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
35. MISCELLANEOUS AND CONTACT
Termination. These Terms are effective unless and until terminated by either you or us. You may terminate by ceasing to use the Site or notifying us. If, in our sole judgment, you fail (or we suspect you have failed) to comply with any provision of these Terms, we may terminate this agreement at any time without notice, deny you access to the Services, and you will remain liable for all amounts due through the date of termination. The obligations and liabilities of the parties incurred prior to termination survive termination for all purposes, as do all provisions that by their nature should survive.
Non-waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or provision will not constitute a waiver.
Severability. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed, without affecting the validity and enforceability of the remaining provisions.
Assignment. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by FatGlob without restriction. Any assignment attempted in violation of these Terms shall be void.
No relationship. No joint venture, partnership, employment, or agency relationship exists between you and FatGlob as a result of these Terms or your use of the Site. By submitting User Content or other Non-FatGlob Content, no confidential, fiduciary, or other relationship is created other than as set forth in these Terms.
Headings. Headings are for convenience only and do not limit or affect any provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Entire agreement. These Terms, together with the policies and operating rules posted by us on the Site (including the Privacy Policy, Return & Refund Policy, Shipping Policy, and any Subscription Terms), constitute the entire agreement and understanding between you and FatGlob, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written. These Terms may not be modified except in writing or by a posting of changes by FatGlob on the Site.