Welcome! Please read these terms and conditions of use carefully before using this website. Accessing, browsing or using this site is a privilege subject to the following terms and indicates your agreement and acceptance of these terms. If you do not accept, please do not use this site.
Fat-Cat Fish LLC reserves the right to modify terms at any time with or without notice. The most current version of the terms may be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of these pages. Such changes are effective immediately upon posting on this site and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to terms. Fat-Cat Fish LLC reserves the right to revoke any or all access and use authorizations granted to you in regard to this site.
Terms and Conditions of Use of Fat-Cat Fish LLC
1. Services.
The information contained on this website, including all web page documents, audio and video files, all data and all content (the “Site” or “Website”) is provided for your use, conditional upon your acceptance without modification of the terms. This website is owned and operated by Fat-Cat Fish LLC. Fat-Cat Fish LLC provides you with access to a variety of resources, including but not limited to product information and product purchasing (collectively “Services”).
2. Acceptance the Use of Fat-Cat Fish LLC Terms and Conditions.
Your access to and use of Fat-Cat Fish LLC is subject exclusively to these Terms and Conditions. You will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these terms and conditions, you must immediately stop using the website.
3. Use Limitation.
While we encourage you to print information to help you shop, unless otherwise specified, no products or services on this site, including but not limited to the content of the site, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create works from or used in any other way, except with prior written permission of Fat-Cat Fish LLC and with express attribution to Fat-Cat Fish LLC. You may not alter or attempt to alter any material on the site, or the site itself. You also may not, without our permission, “mirror” any material contained on this site or any other server. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes. You represent and agree that you are at least 14 years of age and that if you are younger than 14 you will not use this site.
4. No Unlawful or Prohibited Use.
Please feel free to browse the site; however, your access and use of the site is subject to these terms and all applicable laws. You may not use the site in any manner that could disable, overburden, or impair any Fat-Cat Fish LLC server, or interfere with any other person’s use and enjoyment of the site, other accounts, computer systems or networks connected to any Fat-Cat Fish LLC server or to the site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this site. Your rights to use this site may be further limited by federal law or the laws or regulations in your particular state or locality. Fat-Cat Fish LLC may, in its sole discretion, and at any time, modify or discontinue the site, or limit, terminate or suspend your use of the site.
5. Ownership, Copyright, Trademark and All Other Intellectual Property Rights.
You agree and acknowledge that Fat-Cat Fish LLC is the owner or licensee of all rights in this site and the materials that appear on the site (including without limitation the website design, text, graphics and all software and source codes connected with the site) and you will not challenge those rights or do anything that might impair or damage those rights.
In accessing the website you agree you will access the content solely for your use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without prior written consent of the copyright holder. This excludes the any information we specifically provide a download link for.
This site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material may violate such laws. The trademarks, logos, and service marks used and displayed on this site (trademarks) are registered and unregistered trademarks of Fat-Cat Fish LLC and others. Under no circumstances may you use any of the trademarks, whether owned by or licensed to us. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use trademarks without written permission of the trademark owner. If you make any copies of the site, or portions of the site, such copies must include the appropriate copyright, trademark, or other proprietary notices. No links may be established to any part of this site and no information on this site may be framed without our prior written approval. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this site, please provide Fat-Cat Fish LLC with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Site; and 3) your contact information – name address, telephone number and email address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice should be signed and provided to Fat-Cat Fish LLC’s designated copyright agent as set forth below:
Fat-Cat Fish LLC, 6069 Hannegan Road, Bellingham, WA 98226. Email customerservice@fatcatfish.com
6. Duration of This Agreement.
This agreement will continue to be effective until you or we terminate it. You may terminate at any time by destroying any and all materials you obtained from this site, and by ceasing to use the site in any way. We may terminate this agreement immediately and without notice if we, in our sole discretion, decide you have failed to comply with any term or condition of this agreement or if we decide to modify terms and conditions governing future use of the site.
7. Information Provided By You.
We do not want you to, and you agree through the use of this website, that you will not send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us. Any material information or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Fat-Cat Fish LLC for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, personal data provided to Fat-Cat Fish LLC through this Site will be handled in accordance with Fat-Cat Fish LLC’s Online Privacy Policy, which is available at this link, incorporated into these terms and made a part hereof.
Any contact or communication which you may make with us or our employees via this site must be for Fat-Cat Fish LLC business-related purposes and all such communications are property of Fat-Cat Fish LLC, and subject to review and monitoring by us. You are prohibited from posting or transmitting to this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, bigoted, hateful, vulgar, or profane material, or any other material that could give rise to any civil or criminal liability under law. You understand that information transmitted over public networks may be accessed by third parties and Fat-Cat Fish LLC will not be liable for any unauthorized disclosure.
Fat-Cat Fish LLC and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when Fat-Cat Fish LLC’s products or marketing strategies might seem similar to ideas submitted to Fat-Cat Fish LLC. So, please do not send your unsolicited ideas to Fat-Cat Fish LLC. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Fat-Cat Fish LLC makes no assurances that your ideas and materials will be treated as confidential or proprietary.
8. Third Party Content and Linked Sites.
This website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for content or availability of any such sites.
You acknowledge that the opinions and recommendations expressed or made available in this site are those of the respective author(s) and are not necessarily those of Fat-Cat Fish LLC or endorsed by Fat-Cat Fish LLC. This site contains links to other sites created and maintained by other organizations, which may or may not be related to Fat-Cat Fish LLC. These links are provided for your convenience and are for reference only and you agree that links do not imply that Fat-Cat Fish LLC is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of Fat-Cat Fish LLC. You understand that the linked sites are not controlled by Fat-Cat Fish LLC and different legal terms and privacy policies may apply. We are not responsible for linked sites. We reserve the right to disable links, but we are not obligated to do so.
9. Member Account, Password and Security.
If any of the services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur on your account. You agree to notify Fat-Cat Fish LLC immediately of any unauthorized use of your account or any other breach of security of which you become aware. Fat-Cat Fish LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Fat-Cat Fish LLC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without permission of the account holder.
10. Indemnity, Disclaimer of Warranties and Limitations of Liability.
Your use and browsing of this site is at your sole risk. If you are dissatisfied with the site or any of the materials, or with any of the terms, your sole and exclusive remedy is to discontinue accessing and using the site.
THIS WEBSITE, AND THE INFORMATION CONTAINED ON THIS WEBSITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, FAT-CAT FISH LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. FAT-CAT FISH LLC (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAT-CAT FISH LLC (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL FAT-CAT FISH LLC (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
You agree to indemnify and hold Fat-Cat Fish LLC and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Fat-Cat Fish LLC arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
11. Jurisdiction and Governing Law.
Fat-Cat Fish LLC operates and controls this site (excluding linked sites) from its offices within the State of Washington, United States of America. You agree that the statutes and laws of the State of Washington, without regard to its conflicts of law principles, will apply to all matters regarding the use of this site. You also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts in and for Washington with respect to such matters. Fat-Cat Fish LLC makes no representation that the site or materials displayed on the site are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download materials from this site from other jurisdictions, you do so at your own risk, and you are responsible for complying with laws of other jurisdictions.
12. International Users.
Materials published at this site may refer to products, programs or services not available in your country. Fat-Cat Fish LLC makes no representation that this site or materials at this site are appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export information or materials at this site in violation of the export or other laws, regulations, executive orders, decrees or other legal enactments or requirements of the United States or any other country. If you access this site from a location outside of the United States, you are responsible for compliance with all applicable laws. By using this site you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or Denied Persons List.
13. Credit card details.
All orders through the Fat-Cat Fish LLC website can be paid for with MasterCard, Visa, Discover, MasterCard/Visa Debit Cards, or PayPal. Credit cards will be charged when the order is placed.
14. Advice.
The contents of this website does not constitute advice and should not be relied upon in making or refraining from making, any purchase or use decisions.
15. Change of Use.
Fat-Cat Fish LLC reserves the right to:
15.1 change or remove (temporarily or permanently) the website or any part of it without notice and you confirm that Fat-Cat Fish LLC shall not be liable to you for any such change or removal and change these Terms and Conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
16. Disclaimers and Limitation of Liability.
16.1 The website is provided on an as-is and as-available basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
16.2 To the extent permitted by law, Fat-Cat Fish LLC will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
16.3 Fat-Cat Fish LLC makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
16.4 Price and availability information is subject to change without notice.
16.5 Under no circumstances shall Fat-Cat Fish LLC or any of its employees, owners, or vendors, be liable for any direct or indirect losses or damages that arise out of, or in connection with, the use of or inability to use the this site.
17. Severance.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.