FatNoggin -- To Live Is To Learn!

General Terms and Conditions

FatNoggin, LLC. ("FatNoggin" or "FatNoggin.com" or "we") operates FatNoggin.com, which is a website that sells audio and video materials and that allows Members to create unique personal profiles online in order to find and communicate with people who may have similar interests (the abovementioned hereinafter collectively "Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the FatNoggin.com website. By using FatNoggin.com, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the FatNoggin.com Website, or otherwise use the FatNoggin.com site without being registered) or you are a "Member" (which means that you have registered with FatNoggin.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the FatNoggin Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the FatNoggin.com Website and discontinue use of the Services immediately. If you wish to become a FatNoggin member, communicate with other Members and/or make use of the FatNoggin.com Services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes FatNoggin, LLC policy for acceptable use of the FatNoggin.com site and your rights, obligations and restrictions regarding your use of the FatNoggin Services and Content posted on or through the FatNoggin Services FatNoggin may modify this Agreement from time to time and such modification shall be effective upon posting by FatNoggin, LLC on the FatNoggin.com Website. Your continued use of the FatNoggin Services after FatNoggin posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the FatNoggin Services and that you provide to other Users. Your FatNoggin profile may not include any form of Prohibited Content, as outlined in Section 8 below. FatNoggin assumes no responsibility or liability for this material. If you become aware of misuse of the FatNoggin Services by any person, please notify FatNoggin immediately.

FatNoggin reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the FatNoggin Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. FatNoggin expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the FatNoggin Services if FatNoggin determines, in its sole discretion, that you have violated this Agreement or pose a threat to FatNoggin and/or its Users.

Eligibility. Use of the FatNoggin Services and registration to be a Member for the FatNoggin Services ("Membership") is void where prohibited. By using the FatNoggin Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the FatNoggin Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the FatNoggin Services or are a Member. You may terminate your Membership at any time, for any reason. FatNoggin may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
Fees. You acknowledge that FatNoggin reserves the right to charge for any portion of the FatNoggin Services and to change its fees (if any) from time to time in its discretion. If FatNoggin terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify FatNoggin immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Use by Members. The FatNoggin Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by FatNoggin. FatNoggin reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the FatNoggin Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the FatNoggin Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. FatNoggin reserves the right to take appropriate legal action for any illegal or unauthorized use of the FatNoggin Services.
Rights in Content on FatNoggin.
1. You represent and warrant that: (i) you own the Content posted by you on or through the FatNoggin Services or otherwise have the right to grant a license to the content and, (ii) the posting of your Content on or through the FatNoggin Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the FatNoggin Services.
2. The FatNoggin Services contain Content of Users and other FatNoggin licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the FatNoggin Services.
Content Posted.
1. FatNoggin may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of FatNoggin violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. FatNoggin assumes no responsibility for monitoring the FatNoggin Services for inappropriate Content or conduct. If at any time FatNoggin chooses, in its sole discretion, to monitor the FatNoggin Services, FatNoggin nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the FatNoggin Services, and any material or information that you transmit to other Members and for your interactions with other Users.
Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the FatNoggin Services. FatNoggin reserves the right to investigate and take appropriate legal action against anyone who, in FatNoggin's sole discretion, violates this provision, including without limitation, removing the offending Content from the FatNoggin Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of FatNoggin:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. publicly posts information that poses or creates a privacy or security risk to any person;
7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work
9. involves the transmission of "spam," "junk mail," "chain letters," or unsolicited mass mailing, instant messaging,
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without prior written consent from FatNoggin such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph or video of another person that you have posted without that person's consent;
15. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
Protecting Copyrights and Other Intellectual Property. FatNoggin respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. FatNoggin has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the FatNoggin Services in a way that constitutes copyright infringement, please notify FatNoggin and include with that notification: (a) identification of the copyrighted work claimed to have been infringed accompanied with descriptive information reasonably sufficient to permit FatNoggin to locate the material on the FatNoggin Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (b) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (c) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Member Disputes. You are solely responsible for your interactions with other FatNoggin Members. FatNoggin reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
Limitation on Liability. In no event shall FatNoggin be liable to any user or any third party for any damages or loss, including direct, incidental or special damages (including punitive damages), flowing from or resulting from theuse of FatNoggin Servicecs.
U.S. Export Controls. Software available in connection with the FatNoggin Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the FatNoggin Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You and FatNoggin agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, or relating in any way to the relationship of the Parties to this Agreement shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Arbitration Rules [including the Optional Rules for Emergency Measures of Protection]. Notwithstanding (regardless of) any AAA rule providing for three arbitrators, in the interests of economy and speed, the AAA arbitration shall be done with only one (1) arbitrator, and discovery shall be limited in interrogatories (2 per side), requests for disclosure as provided in Rule 194 of the Texas Rules of Civil Procedure, and no more than thirty (30) hours of depositions per side including experts. The Parties shall split the costs of the arbitration, pending the arbitrators ruling but the prevailing party in the arbitration will be entitled, in addition to any damages and/ or other relief provided under the AAA Rules, to an award of its reasonable attorney’s fees, testifying expert fees and arbitration expenses and costs. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Indemnity. You agree to indemnify and hold FatNoggin, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the FatNoggin Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the FatNoggin Services causes FatNoggin to be liable to another.
Disclaimers. FatNoggin is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the FatNoggin Services, whether caused by Users of the FatNoggin Services or by any of the equipment or programming associated with or utilized in the FatNoggin Services and such User Content does not necessarily reflect the opinions or policies of FatNoggin. Profiles and third party applications created and posted by Members on the FatNoggin Website may contain links to other websites. When you access these third party sites, you do so at your own risk. FatNoggin takes no responsibility for third party advertisements or third party applications that are posted on or through the FatNoggin Services, nor does it take any responsibility for the goods or services provided by its advertisers. FatNoggin is not responsible for the conduct, whether online or offline, of any User of the FatNoggin Services. FatNoggin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. FatNoggin is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the FatNoggin Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the FatNoggin Services. Under no circumstances shall FatNoggin be responsible for any loss or damage, including personal injury or death, resulting from use of the FatNoggin Services, attendance at a FatNoggin event, from any User Content posted on or through the FatNoggin Services, or from the conduct of any Users of the FatNoggin Services, whether online or offline. The FatNoggin Services are provided "AS-IS" and as available and FatNoggin expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FatNoggin cannot guarantee and does not promise any specific results from use of the FatNoggin Services.
Other. This Agreement is accepted upon your use of the FatNoggin Website or any of the FatNoggin Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and FatNoggin regarding the use of the FatNoggin Services. The failure of FatNoggin to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. FatNoggin is a trademark of FatNoggin, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

General Returns Policy

You may return new items sold and fulfilled by FatNoggin.com within 30 days of delivery for a full refund. Items should be returned in their original product packaging. We'll also pay the return shipping costs if the return is a result of our error.

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days). We'll notify you via e-mail of your refund once we've received and processed the returned item.

Refunds

Refunds are requested after we receive and process your return.