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Terms & Conditions

This document was last updated on 12/16/2013.

 

WEBSITE TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

FATZ operates this Website (Site) to provide online access to information about FATZ and the products, services, and opportunities we provide (Services). Your use of the Site and its Services, is subject to these Terms of Use (Terms). By using the Site, you indicate that you understand, agree to, and accept each of the terms and conditions set forth in the Terms. We reserve the right to modify these Terms every so often without giving you prior notice and encourage you to periodically review this page for changes. When we do update the Terms, we will also revise the "updated" date at the top of this page. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

 

Some of the Services may be subject to additional published conditions. Your use of those Services is subject to those additional conditions. Should there be an inconsistency between these Terms and any of the additional published conditions, the provisions of the additional conditions will prevail.

 

FATZ retains the right, at our sole discretion, to take any of the following actions at any time and for any reason without giving you prior notice. We will not be liable to you or any third party for taking any of these actions.

 

  • Restrict or suspend your access to our Site or any or all of Services;
  • Change or discontinue all or any part of our Services;
  • Change, move or remove content throughout our Site;
  • Institute general practices and establish limits around the use of our Site.

 

USER CONDUCT

 

Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site. By using this Site you agree to:

 

  • use the Site only for lawful purposes;
  • not take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or Services;
  • not add to, subtract from, or otherwise modify anything on the Site, or to attempt to access any Services that are not intended for you;
  • not use the Site in any manner that might interfere with the rights of third parties.

 

SITE CONTENT

 

Our Site contains a mix of content created by FATZ, our business partners and/or affiliates. Content provided by third parties may include, among other things, company information, and product/service information or reviews. Content may also include communications such as service announcements, administrative messages and advertisements from us, our affiliates, or business partners. We do not guarantee the accuracy, integrity, completeness or quality of the content on our Site or that located at third party URLs that may be posted on our Site.

 

All material on our Site, without any limitation, is the intellectual property of FATZ, our business partners and/or affiliates and is protected by federal and international copyright and trademark laws. Under no circumstances may you publish, copy, reproduce, modify, create derivative works of, distribute, transmit, transfer, rent, sell, lease, loan, or in any other way exploit any of the material on our Site in whole, or in part, other than for your own personal, non-commercial use, without our explicit written consent.

 

  1. TRADEMARKS AND LOGOS The use of FATZ trademarks, service marks, and logos is expressly forbidden without our explicit written consent. We will strictly exercise, and enforce, our rights to them to the fullest extent of the law.
  2. TECHNOLOGY AND SOFTWARE The technology and the software underlying our Site and its Services are the property of FATZ, our business partners and/or affiliates.You may not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, transfer any right or in any other way exploit the technology or software underlying our Site or its Services.
  3. LINKING This Site may be linked to other sites which are not maintained by FATZ. FATZ is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by FATZ of the sites. All other trademarks are the property of the respective trademark owners.

 

GIFT CARDS

 

By ordering gift cards through this Site, you agree and acknowledge to fully defend, indemnify and hold harmless FATZ, its parent company, related subsidiaries and affiliates from any action, loss, damage or liability arising from, related to, or in connection with the sale of any gift card sold.

 

You may redeem this gift card for food and beverages at any participating FATZ restaurants in the U.S.

 

Protect your gift card like cash. Lost or stolen gift cards will not be replaced.

 

All sales of gift cards are final and cannot be returned.

 

No service fees are charged on gift cards.

 

For balance inquiry, visit the gift card balance page.

 

PRIVACY POLICY

 

FATZ is committed to protecting your privacy. All of the information that we collect from you, such as your e-mail address and related personal information and credit card information, is subject to our Privacy Statement. The Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our Site. By accessing this Site, you acknowledge and fully understand FATZ's Privacy Statement and freely consent to the information collection and use practices described in this Privacy Statement.

 

  1. PARTICIPATING MERCHANT POLICIES

    Related services and offerings with links from this Site, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective Site. Online merchants and others who participate in FATZ's Site 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.

  2. INFORMATION WE COLLECT AND HOW WE USE IT

    FATZ collects certain information from and about its users three ways: directly from our Web Server logs, through Cookies, the user, and beacons.

    a. Web Server Logs. When you visit our Site, we may track information to administer the Site and analyze its usage. Examples of information we may track include:

     

    • Your Internet protocol address.
    • The kind of browser or computer you use.
    • Number of links you click within the Site.
    • State or country from which you accessed the Site.
    • Date and time of your visit.
    • Name of your Internet service provider.
    • Web page you linked to our Site from.
    • Pages you viewed on the Site.

     

    b. Use of Cookies. FATZ 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.

    FATZ reserves the right to share aggregated Site statistics with partner companies, but does not allow other companies to place cookies on our Site unless there is a temporary, overriding customer value.

    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 Site.

    c. Personal Information Users. If you are purchasing a service from our Site, we will request some personal information such as name, address, email, telephone number or facsimile number, and other relevant information including 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.

    You may also be asked to disclose relevant personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to respond to feedback or 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.

     

    d. Web beacons or gif files. FATZ Site pages may contain electronic images known as web beacons (sometimes also called single-pixel gifs) that allow FATZ to count users who have visited those pages and to deliver co-branded services. FATZ 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 interact with emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which content brings you to our Site and how you use the Site. FATZ prohibits web beacons from being used to collect or access your personal information.

  3. ELECTRONIC COMMUNICATIONS

    If you opt in for emails from FATZ, we will send you periodic electronic communications. You have the opportunity to unsubscribe from FATZ emails at any time via a link at the bottom of every email or via the postal address at the bottom of every email. If you unsubscribe, FATZ will no longer send you emails, and your personal information will not be utilized for any future endeavors. FATZ and our email vendor do collect reporting and tracking information related to how users respond to the emails we send. We analyze this data for internal use and may use this to determine marketing strategies. We will not share, rent or sell your personal information. FATZ closely follows all current Email legislation and is compliant on all aspects of the CAN-SPAM Act. Must be 18 year or older to join/participate in the club. We ask for your birth date information to comply with the Children’s Online Privacy Protection Act (COPPA) that prohibits the collecting of personal information from anyone under the age of 13. We reserve the right to remove any Member who we determine is not of age.

  4. MOBILE WEBSITE

    Location Information: Some services on our mobile site may make use of location-based data. If you allow these services, we will obtain your location information directly from you, your device, or mobile network. We use your location information to provide the requested location-based service, not to identify you. You will be asked for your permission if a location-based service is requested.

    Other information about your device: We collect non-personally identifiable information from your mobile device in order to provide our services to you. Information may include device type and mobile service carrier. No information, including location information, is shared with any third parties for marketing purposes.

CONTACTING US

If you have questions, comments or concerns regarding our Privacy Statement, its implementation or adherence, please use the Contact Us form or mail your comments to:

Cafe Enterprises, Inc
Attention: Privacy Statement Personnel
4324 Wade Hampton Blvd., Suite B
Taylors, SC 29687

FATZ will use commercially reasonable efforts to promptly respond and resolve any problem or question.

CHILDRENS' POLICY

FATZ does not knowingly collect personal information from any child under the age of 13 at this Site.

 

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless FATZ, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, officers, directors, owners, employees, agents, and any third-party information providers (collectively, FATZ Parties) from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Services, or the content, or any violation by you of these Terms.

 

We reserve the right 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 of these claims.

 

DISCLAIMER OF WARRANTIES

FATZ MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICES OR THE CONTENT. FATZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. FATZ DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. FATZ DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL FATZ BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, OR THE CONTENT, EVEN IF FATZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

ARBITRATION

FATZ may elect to resolve any controversy or claim arising out of, or relating to, these Terms or our Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Greenville County, South Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you, or we, may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in the state of South Carolina necessary to protect the rights or the property of you or FATZ (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

 

MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

 

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of our Site or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.

 

These Terms will be construed in accordance with the laws of the state of South Carolina, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in South Carolina if seeking interim or preliminary relief or enforcement of an arbitration award.

 

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

 

CONTACT INFORMATION

 

Cafe Enterprises, Inc.
4324 Wade Hampton Blvd Ste B
Taylors, SC 29687
Phone: 864-322-1331
Fax: 864-322-1332