Usage Policy
You agree that you will use FatHeadTechs (TM) in compliance with all applicable local, state, national, and international laws, rules and regulations. Furthermore, you agree that you will not ask questions that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, intended to advertise or sell goods or services, or are otherwise objectionable. You further agree not to ask questions designed to elicit responses that relate to illegal activity or that infringe upon another party's intellectual property rights. You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute questions, comments or answers for any public or commercial purpose without the written permission of FatHeadTechs (TM). FatHeadTechs (TM) does not necessarily edit, screen, filter, modify, or otherwise monitor the content of questions or comments in advance of responses. FatHeadTechs (TM) takes no responsibility for third party content, nor does FatHeadTechs (TM) have any obligation to monitor such third party content. FatHeadTechs (TM) reserves the right to refuse service to anyone at any time without notice for any reason. FatHeadTechs (TM) will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
General Information
Information provided via FatHeadTechs (TM) is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you ask a question we will assume you are interested in soliciting and receiving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular question or comment.
Refund Policy
You may request a refund for any Consulting fee by submitting your request to the support technician within five (5) minutes from the start of the call. All reasonable refund requests will be honored.
Warranty
The information provided by FatHeadTechs (TM) pursuant to this Service is derived from private and public reference sources as well as personal knowledge and is provided by FatHeadTechs (TM) or independent contractors ("Consultant") to assist you. The Information has not been verified, however, and neither FatHeadTechs (TM) nor Consultant represent that it is accurate, correct, complete, reliable, or otherwise valid. FatHeadTechs (TM) does not endorse or recommend, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned in any question, comment or answer. Further FatHeadTechs (TM) does not endorse or support any opinion expressed in a question, comment, or answer. THE INFORMATION AND SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE CONTENT OF THE QUESTIONS, ANSWERS, AND COMMENTS IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON CLAIMING SUCH ITEMS. Tech24 (TM) AND CONSULTANTS EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL FatHeadTechs (TM) OR CONSULTANTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT FatHeadTechs (TM) OR CONSULTANT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FatHeadTechs (TM) OR CONSULTANT BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE REFUND OF FEES ACTUALLY PAID BY YOU TO FatHeadTechs (TM) FOR ANY INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY QUESTION, COMMENT, OR ANSWER REFERS TO ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, FatHeadTechs (TM) EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify FatHeadTechs (TM), and its Consultants, employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, FatHeadTechs (TM) or the affected Consultant(s) will provide you with written notice of such claim, suit or action.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against FatHeadTechs (TM) and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights, whether known or unknown, 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." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
No Assignment
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without FatHeadTechs (TM)'s prior written consent. Any such purported assignment or delegation by you without FatHeadTechs (TM)'s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by FatHeadTechs (TM) at its sole and absolute discretion.
Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Arbitration
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, FatHeadTechs (TM) may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. FatHeadTechs (TM)'s failure to act with respect to a breach by you or others does not waive FatHeadTechs (TM)'s right to act with respect to subsequent or similar breaches. The failure of FatHeadTechs (TM) to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the laws of the State of California as if made in California by two residents of that state. This Agreement constitutes the entire agreement between FatHeadTechs (TM) and you with respect to the subject matter hereof.
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