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Terms of Service

  1. ACCEPTANCE OF TERMS

    The FOAT (The Fastest Of All Time) welcomes you. The FOAT provides The FOAT Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://www.thefoat.com/fa/company-terms_of_service. By accessing and using The FOAT Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using The FOAT owned or operated services, you and The FOAT shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. DESCRIPTION OF THE FOAT SERVICES
    The FOAT provides users with access to a multitude of resources, including without limitation various communications tools, blogs, shopping services, search services, social networking capabilities and marketing tools. You also understand and agree that The FOAT Services may include advertisements and that these advertisements are necessary for The FOAT to provide The FOAT Services. You also understand and agree that The FOAT Services may include certain communications from The FOAT, such as service announcements, administrative messages and The FOAT Newsletter, and that these communications are considered part of The FOAT membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current The FOAT Services, including the release of new The FOAT properties, shall be subject to the TOS. You understand and agree that The FOAT Services is provided "AS-IS" and that The FOAT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to The FOAT Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the The FOAT Services.
    You understand that the technical processing and transmission of The FOAT Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  2. YOUR REGISTRATION OBLIGATIONS

    In consideration of your use of The FOAT Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving The FOAT Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by The FOAT Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The FOAT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The FOAT has the right to suspend or terminate your account and refuse any and all current or future use of The FOAT Services (or any portion thereof). You agree by registering that all current and future free website features of The FOAT are opt-in (this does not include contests). You have the right to opt-out by taking action from your home/control panel and willingly opting-out of current and future free website features. The FOAT is concerned about the safety and privacy of all its users, particularly children. For this reason, no member under the age of 16 will be allowed to utilize The FOAT Services. If you are not 16 years old do not attempt to register or utilize any of The FOAT Service.

  3. The FOAT PRIVACY POLICY

    Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full The FOAT Privacy Policy at https://www.thefoat.com//fa/company-privacy_policy. You understand that through your use of The FOAT Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information.

  4. MEMBER ACCOUNT, PASSWORD AND SECURITY

    You will receive a password and account designation upon completing the The FOAT Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The FOAT of any unauthorized use of your password or account or any other breach of security, and (b) The FOAT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

  5. MEMBER CONDUCT

    You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not The FOAT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the The FOAT Services. The FOAT does not control the Content posted via The FOAT Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using The FOAT Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The FOAT be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the The FOAT Services.
    You agree to not use The FOAT Services to:

    1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, pornographic, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to, a The FOAT official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through The FOAT Service;
    5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
    8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of The FOAT Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
    10. interfere with or disrupt The FOAT Services or servers or networks connected to The FOAT Services, or disobey any requirements, procedures, policies or regulations of networks connected to The FOAT Services.
    11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    12. "stalk" or otherwise harass another; and/or
    13. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

    You acknowledge The FOAT may or may not pre-screen Content, but that The FOAT and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the The FOAT Services. Without limiting the foregoing, The FOAT and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The FOAT or submitted to The FOAT, including without limitation information in The FOAT Blogs and Comments and in all other parts of The FOAT Services.
    You acknowledge, consent and agree that The FOAT may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of The FOAT, its users and the public.
    You understand that The FOAT Services and software embodied within The FOAT Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by The FOAT and/or content providers who provide content to The FOAT Services. You may not attempt to override or circumvent any of the usage rules embedded into The FOAT Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on The FOAT Services, in whole or in part, is strictly prohibited.

  6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of The FOAT Services and transfer, posting and uploading of software, technology, and other technical data via The FOAT Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via The FOAT Services to parties identified on such lists; (b) agree not to use The FOAT Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via The FOAT Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

  7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE FOAT SERVICES

    The FOAT does not claim ownership of Content you submit or make available for inclusion on The FOAT Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of The FOAT Services, you grant The FOAT the following worldwide, royalty-free and non-exclusive license(s), as applicable:

    1. With respect to Content you submit or make available for inclusion on publicly accessible areas of The FOAT, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on The FOAT Services solely for the purposes of providing and promoting The FOAT to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on The FOAT Services and will terminate at the time you remove or The FOAT removes such Content from The FOAT Services.
    2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of The FOAT Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on The FOAT Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on The FOAT Services and will terminate at the time you remove or The FOAT removes such Content from The FOAT Services.
    3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of The FOAT Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
  8. CONTRIBUTIONS TO THE FOAT

    By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to The FOAT through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) The FOAT is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) The FOAT shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) The FOAT may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of The FOAT without any obligation of The FOAT to you; and (f) you are not entitled to any compensation or reimbursement of any kind from The FOAT under any circumstances.

  9. INDEMNITY

    You agree to indemnify and hold The FOAT and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through The FOAT Services, your use of the The FOAT Services, your connection to The FOAT Services, your violation of the TOS, or your violation of any rights of another.

  10. NO COMMERCIAL REUSE OF THE FOAT SERVICES

    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, The FOAT Services (including Content, advertisements, and Software).

  11. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that The FOAT may establish general practices and limits concerning use of The FOAT Services, including without limitation the maximum number of days that The FOAT Messenger, blog postings, posted comments or other uploaded Content will be retained by The FOAT Services, the maximum number of The FOAT messages that may be sent from or received by an account on The FOAT Services, the maximum size of any email message that may be sent from or received by an account on The FOAT Services, the maximum disk space that will be allotted on The FOAT’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access The FOAT Services in a given period of time. You agree that The FOAT has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by The FOAT Services. You acknowledge that The FOAT reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The FOAT reserves the right to modify these general practices and limits from time to time.

  12. MODIFICATIONS TO The FOAT SERVICES

    The FOAT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The FOAT Services (or any part thereof) with or without notice. You agree that The FOAT shall not be liable to you or to any third party for any modification, suspension or discontinuance of The FOAT Services (or any part thereof).

  13. TERMINATION

    You may terminate your The FOAT account, any associated email address and access to The FOAT Services by submitting such termination request to The FOAT.
    You agree that The FOAT may, without prior notice, immediately terminate, limit your access to or suspend your The FOAT account, any associated email address, and access to The FOAT Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to The FOAT Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with The FOAT Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in The FOAT's sole discretion and that The FOAT shall not be liable to you or any third party for any termination of your account, any associated email address, or access to The FOAT Services.
    Termination of your The FOAT account includes any or all of the following: (a) removal of access to all or part of the offerings within The FOAT Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of The FOAT Services.

  14. DEALINGS WITH ADVERTISERS

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through The FOAT Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree The FOAT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on The FOAT Services.

  15. LINKS

    The FOAT Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that The FOAT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The FOAT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  16. The FOAT'S PROPRIETARY RIGHTS

    You acknowledge and agree that The FOAT Services and any necessary software used in connection with The FOAT Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through The FOAT Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by The FOAT or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on The FOAT Services, such Content or the Software, in whole or in part. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to The FOAT Services. You agree not to access The FOAT Services by any means other than through the interface that is provided by The FOAT for use in accessing the The FOAT Services.

  17. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

      1. YOUR USE OF THE FOAT SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE FOAT SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE FOAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
      2. THE FOAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE FOAT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE FOAT SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FOAT SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FOAT SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
      3. ANY MATERIAL OBTAINED THROUGH THE USE OF THE THE FOAT SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FOAT OR THROUGH OR FROM THE FOAT SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  18. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FOAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE FOAT SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FOAT SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE FOAT SERVICE.

  19. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

  20. NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

  21. NOTICE

    The FOAT may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on The FOAT Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing The FOAT Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed The FOAT Services in an authorized manner.

  22. TRADEMARK INFORMATION

    You agree that all of The FOAT’s trademarks, trade names, service marks and other The FOAT logos and brand features, and product and service names are trademarks and the property of The FOAT. Without The FOAT's prior permission or embeddable access from The FOAT web site, you agree not to display or use in any manner the The FOAT Marks.

  23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

    The FOAT respects the intellectual property of others, and we ask our users to do the same. The FOAT may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeatedly infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The FOAT the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the site;
    4. your address, telephone number, and email address;
    5. 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;
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    The FOAT Notice of claims of copyright or other intellectual property infringement can be reached as follows:
    By mail:
    Copyright
    The FOAT
    P.O. Box 3608
    Bakersfield, CA 93385
    By email: copyright@thefoat.com

  24. GENERAL INFORMATION

    Entire Agreement. The TOS constitutes the entire agreement between you and The FOAT and governs your use of The FOAT Services, superseding any prior version of this TOS between you and The FOAT with respect to The FOAT Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other The FOAT Services, affiliate services, third-party content.
    Choice of Law and Forum. You and The FOAT each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and The FOAT, shall be brought exclusively in the courts located in the county of Kern, California or the U.S. District Court for the Southern District of California. You and The FOAT agree to submit to the personal jurisdiction of the courts located within the county of Kern, California or the Southern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
    Waiver and Severability of Terms. The failure of The FOAT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
    No Right of Survivorship and Non-Transferability. You agree that your The FOAT account is non-transferable and any rights to your The FOAT account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
    Statute of Limitations. 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 The FOAT Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    The section titles in the TOS are for convenience only and have no legal or contractual effect.

  25. FEES AND PAYMENT

    As consideration for the services purchased by you and provided to you by The FOAT, you agree to pay The FOAT at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. The FOAT expressly reserves the right to modify pricing through email notification and/or notice on its Web site. You must supply payment by providing a valid credit card. Your credit card on file must be kept valid if you have any active services in your account.

    If you signed up for a monthly service plan, your monthly billing date will be determined based on the day of the month you purchase the service(s) unless that date falls after the 28th of the month in which case your billing date will be the 28th of each month. The FOAT will automatically renew your monthly services when they come up for renewal and will take payment from the active credit card on file (Visa, MasterCard or American Express).

    If for any reason The FOAT is unable to charge your credit card for the full amount owed to The FOAT for the services provided, your account will become suspended until resolution is met. If you pay by credit card and if for any reason The FOAT is unable to charge your credit card with the full amount of the services provided, or if The FOAT is charged back for any fee it previously charged to the credit card you provided, you agree that The FOAT may pursue all available remedies in order to obtain payment. You agree that among the remedies The FOAT may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any services registered or renewed on your behalf.

    You agree that you are solely liable for arranging that your services are renewed, and that The FOAT shall not be liable to you or any third party if it is unable to charge your credit card in order to renew your services.

    All transactions are processed in US dollars. Any amounts to be charged will appear during the service ordering process.

  26. THE FOAT SERIES

    MEMBERSHIP
    1. All members of www.thefoat.com are entered into The FOAT Series.
    2. There is no purchase necessary to participate in The FOAT Series.
    THE SERIES
    1. The FOAT Series display page will show the Top 10 point accumulators and the same will be done for individual category series.
    2. With the Start of a new series, a members point total will begin at zero.
    3. All members will have their points and ranking displayed on their My Points page.
    4. Each series will end at midnight Pacific Time (United States and Canada) of the specified ending date designated by TheFOAT.com.
    5. The FOAT will contact prize winners through The FOAT Messenger.
    POINT ACCUMULATION
    1. Each member receives points for specifically stated actions that can be found on the My Points page.
    2. The My Points page will also contain the All Time Points for a member.
    3. There are no prizes associated with All Time Points.
    4. The starting date and ending date of a series will appear on The FOAT Series Leaderboard page.
    5. Point values for specifically stated actions can change at anytime.
    6. Point accumulation begins with membership and continues until the membership is canceled.
    PRIZES
    1. The prizes will be displayed with each individual series.
    2. A prize will correspond with a ranking in the series.
    3. The number 1 ranking will be the member that has accumulated the most points during the series. Each proceeding ranking after that will be the next highest point total in The FOAT series.
    4. Only the top 10 members will be displayed on The FOAT Series page.
    5. Prize winners are responsible for providing their address to receive any prize that has to be shipped.**
    6. If a winner of a shippable prize does not provide a shipping address by the end of the series preceding their win, then that prize will be forfeited.
    7. Non-shippable prizes are awarded in FOAT credit not cash.
    FOAT CREDIT
    1. Some prizes will be issued in FOAT credit that will be deposited in the member's account.
    2. FOAT credit can be used to purchase services on TheFOAT.com (Classifieds enhancements, FOAT store, Sticker Clicks, and The FOAT Ad Network).
    3. Any FOAT Credits that are awarded to a member can not be refunded or exchanged for cash.
    4. FOAT credit can not be used to purchase items for sale in the Classifieds, event tickets, or apparel (gear) in the Official FOAT Store.
    5. FOAT credit can not be used for the PartClicks service.
    CHEATING
    1. TheFOAT.com is the regulatory body of The FOAT Series.
    2. All cases of cheating The FOAT Series will be regulated and said body will hand out penalties.
    3. Penalties could result in a member's points being reduced to zero.
    4. In some cases, a member could be removed from the community.
    LIMITATION OF LIABILITY

    TheFOAT.com is not responsible or liable for any technical issues that may result during the duration of The FOAT Series. Technical issues include but not limited to: loss of points, deletion of account, server outages, and point accumulation errors. TheFOAT.com is also not liable for any damages of any kind from your participation in The FOAT Series. A series may be cancelled or changed at anytime. Prizes shown or described may change at anytime. Employees cannot participate in The FOAT Series. There is no purchase necessary to participate in The FOAT Series. All other agreed upon matters in the terms of service apply.

    **Restrictions may apply to international shipments (International is defined as shipments outside of the United States of America)
  27. THE FOAT FORUMS

    All applicable terms of the terms of service apply to The FOAT Forums. Forum moderator(s) do not own the forums they moderate. You cannot transfer your forum to a network outside of thefoat.com. Meaning you cannot transfer a forum to a server, cloud or any other platform that accepts hosting of websites outside of thefoat.com.

    Subject to your compliance with the terms and conditions of this agreement, The FOAT grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of The FOAT. Except as expressly set forth herein, this agreement grants you no rights in or to the intellectual property of The FOAT or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this agreement. In the event that you breach any provision of this agreement, your rights under this section will immediately terminate.

    Considering the real-time nature of this bulletin board. Please remember that we do not actively monitor all the contents of posted messages and are not responsible for any messages posted nor can we verify the validity of such messages. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of The FOAT. Any user who feels that a posted message is objectionable is encouraged to report it to The FOAT. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately. Please use the "Report This Post" button to notify us of objectionable posts.

    You agree, through your use of this service, that you will not use The FOAT to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violate any law. You agree not to post any copyrighted material unless the copyright is owned by you or by The FOAT. Once material is posted on The FOAT, you are then giving TheFOAT.com the right to use the material freely throughout The FOAT.

    Although The FOAT does not and cannot review all the messages posted and is not responsible for the content of any of these messages, we at The FOAT reserves the right to delete any message for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless The FOAT and their agents with respect to any claim based upon transmission of your message(s).

    LIMITATION OF LIABILITY: The FOAT is not responsible or liable for any technical issues that may result during your use of The FOAT Forums. Technical issues include but not limited to: loss of information, deletion of account, server outages, and technical errors. The FOAT is also not liable for any damages of any kind from your participation in The FOAT Forums.

  28. THE FOAT TICKETS

    Description of service
    The FOAT ticket service provides a simple and quick means for registered users who are event organizers and owners to collect event registration fees for their events online through the Internet from registered members and guests who want to attend such events (Buyers). Organizers/owner may setup an account with The FOAT and collect event registration fees online directly from Buyers.

    Ticket purchases
    You agree to not hold The FOAT responsible for any problems associated with the event you purchased tickets for. You agree that The FOAT is only responsible for providing ticket services for the event. Any dissatisfaction you have with the event during or after, please contact the event organizer/owner in these matters. The FOAT in its sole discretion has the right to refuse service.

    Refunds
    Each event organizer sets their refund policy. Please click the refund policy link from the individual event you would like to attend for further details.

    Event cancellation
    Each event organizer sets their refund policy postponed events. Please click the refund policy link from the individual event you would like to attend for further details. By accepting this terms of service you release The FOAT, employees and agents from all claims and damages.

    Postponed events
    Each event organizer sets their refund policy postponed events. Please click the refund policy link from the individual event you would like to attend for further details. By accepting this terms of service you release The FOAT, employees and agents from all claims and damages.

    Ticket delivery
    Tickets bought on TheFOAT.com will automatically appear in your My Tickets account if you are a registered member. First, login to you're TheFOAT.com account. Click "My Tickets" in the Manage section of your home control panel. You can also click "My Tickets" from the main Tickets section on TheFOAT.com. If you are not a registered member of TheFOAT.com you can view your tickets immediate after you make your purchase from the confirmation page or from your email confirmation. Please print your ticket and present it at the event venue for admission.

    Service fees
    The FOAT charges service fees with some tickets. The service fee is determined by the ticket price. The service fee increases slightly as the price of the ticket goes up. The service fee will be reflected for your review during the ordering process.

    Ticket purchasing with credit card
    You must enter your credit card billing information exactly as it appears on your monthly statement. Failure to accurately enter your billing information may result in the transaction not being completed properly. We accept Visa, MasterCard, Discover and American Express. All transactions will post The FOAT on your billing/bank statement.

    Event organizer/owner termination
    If an event organizer/owner breaks any of the terms of service they will be terminated from The FOAT ticket service.

    Ticket Sub-Domains
    If you are using the service as an Organizer/Owner, The FOAT may provide you with the right to use a sub-domain within the Site (e.g., TheFOAT.com /[sub-domain prefix]). All such sub-domains are the sole property of The FOAT. In the event The FOAT provides you with a sub-domain, your right to use such sub-domain may be terminated by The FOAT at any time (with or without notice) for any reason or no reason.

  29. MERCHANDISE

    All sales are final on merchandise sales
    No refunds.

  30. VIOLATIONS

    Please report any violations of the TOS to info@thefoat.com.

     

    Last updated November 11, 2008


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