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Terms and Conditions of Use 

http://www.BigFatTip.org 

(Last Updated: January 1st, 2019)

Please read these Terms and Conditions of Use (“Terms”) and our Privacy Policy and Security Statement (“Privacy Policy”) carefully prior to your (“user,” “you” or “your” as applicable to the context) use of http://www.BigFatTip.org (this “Website”), your submission of information to THE BIG FAT TIP, INC., a Florida not for profit corporation d/b/a THE BIG FAT TIP (collectively referred to herein as “THE BIG FAT TIP” and “we,” “our” or “us” as applicable to the context) through this Website or request for services through the use of this Website. By proceeding with any of the foregoing, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with all of these Terms and our Privacy Policy, you are not authorized to use this Website, and your sole remedy is to immediately discontinue use of this Website.

USE OF THIS WEBSITE

You are only entitled to use this Website for lawful purposes and pursuant to these Terms. Your use of this Website is restricted to gathering information about THE BIG FAT TIP. By using this Website or otherwise submitting information to THE BIG FAT TIP through this Website, you represent and warrant to THE BIG FAT TIP that you:

  1. are of legal age to agree to these Terms;
  2. agree to comply with all applicable laws, rules and regulations regarding online conduct, transmission of information online; and
  3. agree to be bound by these Terms.

To determine your compliance with these Terms, we reserve the right, but not the obligation, to monitor your use of this Website.

JURISDICTIONAL RESTRICTIONS

Although this Website is accessible worldwide, this Website is neither designed nor intended for use outside the United States. Those who choose to access this Website from locations outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all local laws. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of this Website to any person, geographic area, or jurisdiction. You shall, at all times, comply with all applicable laws, rules and regulations of the United States and all other applicable governmental entities governing, restricting or otherwise pertaining to the use, transmission, display, exporting or importing of data, products, services and/or technical information.

AVAILABILITY

Your use of this Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of this Website, or other actions that we may take in our sole discretion and from time to time. We reserve the right to modify, suspend or discontinue the availability of this Website, or any portion or feature of this Website, at any time and in our sole discretion and without prior notice.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT THE DISCLAIMER OF WARRANTY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED US TO ENTER INTO THESE TERMS AND ANY CONTRACT WITH YOU.

THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA AND FILES THROUGH THE INTERNET ARE SUBJECT TO A VARIETY OF CONDITIONS BEYOND OUR CONTROL THAT MAKE SUCH TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL POTENTIALLY UNRELIABLE. THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, LICENSES, FUNCTIONS, MATERIALS, AND INFORMATION ARE PROVIDED “AS IS” AND AS AVAILABLE WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THESE TERMS AND THIS WEBSITE, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THIS WEBSITE OR ANY DATA, MATERIALS OR CONTENT CONTAINED WITHIN THIS WEBSITE, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THIS WEBSITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THIS WEBSITE WILL BE SECURE FROM UNAUTHORIZED ACCESS; OR THAT THIS WEBSITE WILL DETECT EVERY SECURITY OR OTHER VULNERABILITY OF YOUR DEVICE, NETWORK OR SYSTEM. WE DO NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THIS WEBSITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THIS WEBSITE OR THE RESULTS OF THE USE OF THIS WEBSITE.

EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS OR IN A CONTRACT, TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO ANY SERVICE REQUESTED THROUGH THIS WEBSITE, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION PROVIDED BY THE BIG FAT TIP. WE SHALL NOT BE LIABLE FOR YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OF THIS WEBSITE AND ANY ERRORS CONTAINED WITHIN THIS WEBSITE. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

THE DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY SET FORTH IN THESE TERMS.

Some state laws do not allow disclaimers of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

LIMITATION OF LIABILITY

YOU AGREE THAT THE LIMITATION OF LIABILITY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED US TO ENTER INTO THESE TERMS AND ANY CONTRACT WITH YOU.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT ARISE, DIRECTLY OR INDIRECTLY, OUT OF OR ARE RELATED TO THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE, ANY SUBMISSION OF INFORMATION THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE RESPONSIBLE FOR ANY BUSINESS INTERRUPTIONS THAT MAY BE CAUSED BY YOUR USE OF THIS WEBSITE, YOUR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY SUBMISSION OF INFORMATION THROUGH THIS WEBSITE. OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS THAT ARISE, DIRECTLY OR INDIRECTLY, OUT OF OR ARE RELATED TO THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE, ANY SUBMISSION OF INFORMATION THROUGH THIS WEBSITE IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED $100.00 USD.

THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE YOU AND US AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE, ANY SUBMISSION OF INFORMATION THROUGH THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

CODE OF CONDUCT

You agree that you shall not, and you shall not attempt, or otherwise authorize, encourage or support a third party’s attempts, to do any of the following:

  • Use this Website for any unlawful purposes.
  • Breach or otherwise circumvent any security or authentication measures of this Website.
  • Probe, scan or test the vulnerability of this Website or any network associated with this Website.
  • Re-engineer, decompile, decrypt, break or otherwise alter or interfere with this Website.
  • Create derivative works of or reproduce, modify, distribute, sell or otherwise transfer any rights in or to any of the content of this Website.
  • Register to use, use or copy any information from this Website unless otherwise authorized in writing by THE BIG FAT TIP.
  • Register to use, use or copy any information from this Website for purposes of monitoring availability, performance or functionality or for any other benchmarking.
  • Meta tag, frame or mirror this Website.
  • Restrict, inhibit or prevent any access to, use or enjoyment of this Website.
  • Use any search engine, software, tool, agent or other device or mechanism, including, without limitation, browsers, spiders, robots, scrapers, avatars or intelligent agents, deep link or other similar automated device, program, algorithm or methodology (other than those made available by THE BIG FAT TIP on this Website or other generally available third party web browsers, e.g., Internet Explorer, Chrome, Firefox or Safari), to access, acquire, copy, monitor, navigate or search this Website.
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of this Website.
  • Deliver malware to this Website or use this Website to distribute malware.
  • Launch a DoS or DDoS attack on this Website or use this Website as part of a DDoS attack.
  • Deliver altered, deceptive or false source-identifying information, including spoofing or phishing, through this Website.
  • Impersonate or misrepresent your affiliation with any other person or entity.

You also agree that you shall not transmit, submit or post any of the following to or through this Website or otherwise submit to THE BIG FAT TIP:

  • Information that violates any law, statute, ordinance or regulation.
  • Information that is false, inaccurate, incomplete, untimely or misleading.
  • Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar or otherwise injurious to THE BIG FAT TIP or third parties.
  • Information that breaches or infringes on THE BIG FAT TIP’s or any third party’s rights of confidentiality, publicity, privacy, intellectual property and/or other proprietary rights.
  • Copyrighted and/or trademarked information without the prior written permission of the owner of such intellectual property right.
  • Data that contains any viruses or other disabling or enabling code that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  • Information containing unsolicited or unauthorized advertising or any other form of SPAM.
  •  

You recognize and agree that the content made available through the Website is for informational purposes only. Users should never use any Website resources in place of seeking professional advice from applicable professionals. We make no guarantees, promises, or predictions of success regarding any of the information and resources offered through the Website.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and THE BIG FAT TIP.

PROPRIETARY RIGHTS

  • Website Materials.

THE BIG FAT TIP owns all right, title and interest in and to this Website including, without limitation, the look and feel, design and organization, and the compilation of the content, code, data and other materials on this Website (collectively, “Website Materials”).

  • Names, Markings and Other Intellectual Property Rights.

THE BIG FAT TIP owns all right, title and interest in and to the name THE BIG FAT TIP and all copyrights, service mark rights, trademark rights, trade dress rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights relating to this Website or otherwise owned and/or operated by THE BIG FAT TIP, as well as all of THE BIG FAT TIP’s URLs, website domain names, graphics, logos, page headers, button icons, scripts and other markings (collectively, “Names, Markings and Other Intellectual Property Rights”).

  • Website Content.

THE BIG FAT TIP owns all right, title and interest in and to all content on this Website, including, without limitation, all audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files (collectively, “Website Content”).

  • Information.

As between  you and THE BIG FAT TIP, you exclusively own all right, title and interest in and to all of the unique information you provide to THE BIG FAT TIP through this Website, such as your IP address and information related to your use of the Website (“Information”). For information on how we collect, store, use and disclose your Information, please read our Privacy Policy.

  • Personal Information.

As between you and THE BIG FAT TIP, you exclusively own all right, title and interest in and to all of your personally identifiable information you provide to THE BIG FAT TIP through this Website, including, without limitation, name, username, password, other login information and payment information (“Personal Information”). For information on how we collect, store, use and disclose your Personal Information, please read our Privacy Policy.

  • Aggregated Information.

THE BIG FAT TIP exclusively owns all right, title and interest in and to all aggregated, anonymous data and statistical information about the use of this Website and users of this Website (“Aggregated Information”). We have no obligation to retain, provide you with copies of or protect the confidentiality of any Aggregated Information. For information on how we collect, store, use and disclose Aggregated Information, please read our Privacy Policy.

  • User Generated Content.

THE BIG FAT TIP exclusively owns all right, title and interest in and to all feedback, suggestions, enhancement requests and recommendations, as well as all content you generate or provide, that is posted on or submitted to this Website or otherwise provided to THE BIG FAT TIP and relating to this Website (“User Generated Content”). We have no obligation to retain, provide you with copies of or protect the confidentiality or privacy of any User Generated Content. For information on how we collect, store, use and disclose User Generated Content, please read our Privacy Policy.

  • Limited License and Prohibited Use.

You may not use any of the Website Materials, Names, Markings and Other Intellectual Property Rights, or Website Content without our express, prior written permission. You shall not delete or in any other manner alter the copyright, trademark and other proprietary notices appearing on this Website. We make no proprietary claim to any third party names, copyrights, service marks, trademarks or trade dress appearing on this Website. Any third party names, copyrights, service marks, trademarks or trade dress appearing on this Website are property of their respective owners. Without our express, prior written consent, you may only print, download or otherwise use the Website Materials, Names, Markings and Other Intellectual Property Rights, and Website Content for a website user’s internal, non-commercial use consistent with these Terms and applicable law. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use is permitted. Your use of this Website does not grant to you ownership of any content, code, data or other materials you may access on or through this Website. THE BIG FAT TIP expressly reserves all rights not expressly granted to you in these Terms.

RIGHTS YOU GRANT TO THE BIG FAT TIP

Subject to these Terms and our Privacy Policy, you hereby grant THE BIG FAT TIP a limited, non-exclusive, royalty-free, fully paid-up, worldwide right and perpetual license to use your Information and Personal Information. You also hereby assign to THE BIG FAT TIP all of your right, title and interest in and to all of your User Generated Content, including, without limitation, all intellectual property rights relating to your User Generated Content. At THE BIG FAT TIP’s request and expense, you will execute all reasonable documents and take such further acts as THE BIG FAT TIP may reasonably request to assist THE BIG FAT TIP to acquire, perfect and maintain such intellectual property rights in the User Generated Content.

YOUR INFORMATION REPRESENTATIONS AND WARRANTIES

By submitting information to THE BIG FAT TIP through this Website, you represent and warrant to THE BIG FAT TIP that you are entitled to submit such information to THE BIG FAT TIP and THE BIG FAT TIP is entitled to use such information as set forth in these Terms and subject to our Privacy Policy, without any restrictions or limitations and without any monetary or other obligation by THE BIG FAT TIP. From time to time, we may need your permission to do things with the information you submit to THE BIG FAT TIP through this Website to be able to provide you with this Website. You hereby provide THE BIG FAT TIP with your express permission to do those things as set forth in our Privacy Policy. This permission also extends to third parties we work with to provide you with this Website.

BLOGS, FORUMS, CHAT ROOMS AND BULLETIN BOARDS

In the event that this Website includes blogs, forums, chat rooms and/or bulletin boards (each, a “Forum”), which allows users to post User Generated Content and interact. THE BIG FAT TIP does not prepare, approve or endorse any User Generated Content that may appear in a Forum. You acknowledge and agree that THE BIG FAT TIP has no control over and is not responsible for the accuracy, correctness, timeliness, safety or legality of any User Generated Content. You may find User Generated Content to be deceptive, inaccurate, harmful or offensive. Please use caution and common sense when reading User Generated Content posted in our Forums, and do not rely solely on such information. You hereby acknowledge and agree that your use and/or reliance on any User Generated Content is at your own risk. THE BIG FAT TIP reserves the right, but not the obligation, from time to time and at our sole discretion for any reason or no reason, to monitor, edit, remove and/or re-post User Generated Content posted in our Forums.

LINKS TO THIRD PARTY WEBSITES

This Website may contain links to third party websites. These links do not constitute an endorsement by THE BIG FAT TIP of those websites, nor the products or services promoted on or offered through those websites. We are not responsible for the terms and conditions of use, privacy policy, practices or the content of such third parties or their websites. We encourage you to be aware of when they leave this Website and to read the terms and conditions of use and privacy policy of each website that they visit by linking from this Website. If you have a question about the terms and conditions of use, privacy policy, practices or content of a third party website, please contact the applicable third party directly. If you want to opt-out of receiving emails and other future contact from such a third party you must contact the applicable third party directly. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content relating to any products or services offered by third parties.

LINKING TO THIS WEBSITE

You may link to this Website’s homepage, provided you do so in a way that is fair, legal, consistent with these Terms and does not damage our reputation or take advantage of this Website, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. This Website may not be framed on any other website, nor may you create a link to any part of this Website other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.

INDEMNIFICATION

You hereby agree to defend, indemnify, and hold harmless THE BIG FAT TIP and its officers, directors, employees, affiliates, independent contractors, agents and representatives from and against any and all claims and expenses, including, but not limited to, attorneys’ fees and costs, arising, directly or indirectly, out of or attributable to (i) any breach or violation by you of these Terms; (ii) your failure to provide accurate, complete and/or current information when using this Website or otherwise submitting information to THE BIG FAT TIP through this Website; (iii) your use or misuse of this Website; and (iv) any agreement between you and any third party.

DISPUTE RESOLUTION

Concerns.

Most concerns involving this Website can be resolved quickly and efficiently by THE BIG FAT TIP. If you are unable to resolve your concern within 10 business days of contacting THE BIG FAT TIP in writing, then either party may file a claim pursuant to these Terms to resolve the dispute.

Governing Law, Jurisdiction and Venue.

These Terms shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to principles of conflicts of law. Any application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any action or legal proceeding arising, directly or indirectly, out of or related to the Website or these Terms, the parties hereby expressly consent to the jurisdiction and venue of the state and/or federal courts in and/or for Polk County, Florida, USA, and each party hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise.

Governing Language.

The governing language for these Terms and any interpretation of these terms is English, and any copy of these Terms in any other language is merely for convenience and will not govern the interpretation of these Terms.

General.

The prevailing party in any action or legal proceeding arising out of or related to the Website or these Terms arising, directly or indirectly, out of or related to these Terms will be entitled to an award of their reasonable attorney’s fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such action or legal proceeding, as well as at all levels of trial and appeal. You also agree that service of any court paper may be affected upon you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. You acknowledge that we may be irreparably damaged if these Terms are breached by you, and damages at law would be an inadequate remedy. In the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms.

TERM AND SURVIVAL

Your agreement to be bound by these Terms commences with your using this Website or otherwise submitting information to THE BIG FAT TIP through this Website, and your agreement to be so bound will continue until your right to use this Website is either canceled or terminated, subject to the survival of each of the following after such cancellation or termination: our Privacy Policy and any obligation you have to THE BIG FAT TIP, as well as each of the following provisions: Proprietary Rights; Rights You Grant To THE BIG FAT TIP; Your Information Representations and Warranties; Blogs, Forums, Chat Rooms and Bulletin Board; Copyright Infringement Notice; Links to Third Party Websites; Linking to this Website; Disclaimer of Warranties; Limitation of Liability; Limitation On Time To File Claims; Indemnification; Dispute Resolution; Term and Survival; Changes To Terms; and General Information. If, following the cancellation or termination of your right to use this Website, you use this Website or otherwise submit information through this Website, then you again, automatically and immediately, are bound by these Terms.

CHANGES TO OUR TERMS

At our sole discretion and at any time, we may amend these Terms. You should review these Terms for amendments each time you use this Website. For your convenience, we post on this Website the last date these Terms were updated. If our Terms are amended, the amended Terms will take effect immediately for all users of this Website. Your continued use of this Website following an amendment will evidence your acceptance of the amended Terms. No amendment, change or modification to these Terms will be effective unless such is in writing and signed by an authorized representative of THE BIG FAT TIP.

NOTICES, COMMUNICATIONS AND ELECTRONIC SIGNATURES

By using this Website or otherwise submitting information through this Website, you consent to receive communications from THE BIG FAT TIP electronically. Although we may choose to communicate with you by other means, we may also choose to solely communicate with you electronically by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded button, hyperlink or entry field with your mouse, a keystroke or other device, your agreement or consent will be legally binding and enforceable and legal equivalent of your handwritten signature.

GENERAL INFORMATION

Our Privacy Policy is hereby incorporated into and made a part of these Terms by reference. These Terms, as amended from time to time by THE BIG FAT TIP, represent the entire understanding and agreement between you and THE BIG FAT TIP regarding the subject matter of these Terms and supersede any and all other prior and contemporaneous agreements, understandings or representations regarding the same. No amendment, change or waiver of any portion of these Terms will be effective unless it is in writing and signed by an authorized representative of THE BIG FAT TIP. The failure of THE BIG FAT TIP to require performance of any obligation under these Terms will not affect our right to enforce any provision of these Terms at a subsequent time, and the waiver of any rights arising out of any breach will not be construed as a waiver of any rights arising out of any prior or subsequent breach. If any court of competent jurisdiction deems unlawful, void or unenforceable any part of these Terms, the applicable document as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the applicable document that is unlawful, void or unenforceable will be stricken. Your rights and obligations under these Terms and your right to access and use this Website are not assignable, transferable or sub-licensable by you.

If you have questions, comments or concerns about these Terms, our Privacy Policy or this Website, please contact us in writing at: 

THE BIG FAT TIP

331 SOUTH FLORIDA AVENUE

BASEMENT

LAKELAND, FL 33801

Last updated version November 8th, 2019.

Privacy and Cookie Statement

http://www.BigFatTip.org 

(Last Updated: November 8th, 2019)

This is the Privacy and Cookie statement of THE BIG FAT TIP, INC., a Florida not for profit corporation d/b/a THE BIG FAT TIP (collectively referred to herein as “THE BIG FAT TIP” and “we,” “our” or “us” as applicable to the context). In this statement we explain how THE BIG FAT TIP deals with personal data. We obtain this information through our website http://www.BigFatTip.org  (hereinafter referred to as the “Website”). In addition we acquire personal data when patients and prospective patients contact us offline, for example to request information. This statement also pertains cookies we use on the Website.

DEFINITIONS

In this Privacy and Cookie Statement of THE BIG FAT TIP, the following terms are used:

Website: the Website http://www.BigFatTip.org and every other Website, URL or application of The Big Fat Tip.

Interaction: the use of functions in the Website.

Website Visitor: a person visiting the Website for the first time that does not interact with the Website.

Website Customer: a person who interacts with the Website.

Privacy and Cookie Statement: THE BIG FAT TIP’s Privacy and Cookie Statement.

THE SAFETY OF YOUR PERSONAL DATA

THE BIG FAT TIP respects the privacy of its Website Customers, patients and users of its Website.

THE BIG FAT TIP strives to protect and maintain the confidentially any personal data received by THE BIG FAT TIP.

COLLECTION AND USE OF PERSONAL DATA

WEBSITE VISITOR

To make your visit to the THE BIG FAT TIP Website as a visitor more appealing, THE BIG FAT TIP collects information about your personal data and navigation behavior on our Website, and whether you found our Website through an ad partners. Amongst this data is for example:

  • Country
  • IP-address
  • How you entered our Website
  • Where you leave our Website
  • With what kind of device you visit our Website

Amongst other things, the above information is used to better understand Website Visitors, to load the correct Website.

WEBSITE CUSTOMER

For Website Customers, we collect the same information as for Website Visitors, supplemented with information the person shares with us, for example:

  • Name
  • E-mail
  • Phone Number
  • Desired Appointment Date
  • Desired Appointment Time
  • Location Requested

The data mentioned above is used for the following purposes:

  • To counteract fraud, abuse and/or improper use of the Website

The data is saved at least as long as required by applicable law.

QUESTIONS AND CONCERNS

If you have questions or concerns about the Website or about THE BIG FAT TIP you can call us, e-mail us or chat with us. You can find the contact information in the Website. You might be asked to provide the following (personal) information:

  • First and last name
  • E-mail address
  • Phone number
  • Description of the nature of your complaint

The above mentioned data is used for handling your complaint. 

RECORDING PHONE CONVERSATIONS

Phone conversations with our THE BIG FAT TIP can be recorded for training, evaluation or quality purposes. You will be informed of this the moment you contact THE BIG FAT TIP by phone. The (personal) data that is recorded will only be used for the aforementioned purposes. The recorded phone conversations are stored and secured in such a way that they are not accessible to unauthorized persons and they are never kept longer than needed for the specific purpose.

HANDLING OF PERSONAL DATA

PROCESSING OF PERSONAL DATA OUTSIDE THE UNITED STATES OF AMERICA

In the event we work together with third parties, such as Google and Facebook, the data can be stored on servers outside of the United States of America. Different legislations concerning personal data apply there. These third parties adhere to the Privacy Shield Principles  affiliated with the Privacy Shield Program of the American ministry of trade.

DISTRIBUTION TO THIRD PARTIES

THE BIG FAT TIP can provide your personal data to third parties for the following reasons:

  • You have given your express consent for this.
  • An agreement you have with us needs to be executed.
  • An obligation by law.
  • For preventing or combatting fraud.
  • If necessary for the operation of THE BIG FAT TIP.

STORAGE PERIOD

THE BIG FAT TIP does not store your information longer than necessary for the purposes your information is used for, unless the data has to be stored longer due to legal requirements (such as a retention obligation). How long certain data is stored depends on the nature of the data and the purposes for which it is processed. The storage period can therefore differ per purpose.

SECURITY

THE BIG FAT TIP takes measures to sufficiently protect your personal data. To achieve this, we use means that fit our activities, the nature and size of our not for profit corporation, and the sort of data we process. We do this to prevent unauthorized access to, adjustment, disclosure or loss of personal data. We expect that you also contribute to the safekeeping of your personal data by keeping your e-mail address and e-mail password a secret. Never share your login details with anyone and treat them with care.

RIGHT TO OBJECT

You can object to the use of your personal data free of charge. Your objection to the use of your personal data can be directed to us in writing. Within four (4) weeks you will receive an answer from THE BIG FAT TIP. If you object to the use of your data for direct marketing purposes, THE BIG FAT TIP will stop using your data for these purposes. You will no longer receive emails from THE BIG FAT TIP.

PRIVACY AND COOKIE STATEMENT FROM THIRD PARTIES

This Privacy and Cookie statement is not applicable to third party Websites that are linked to the Website. Besides that the Privacy and Cookie Statement is also not applicable to data collected by companies such as Google. You can adjust your preferences yourself in your Google account. Consult their privacy policy for this.

THE BIG FAT TIP is in no way accountable or responsible for the way in which third parties and companies deal with your (personal) data. THE BIG FAT TIP always advises that your read the Privacy and Cookie Statements on the relevant Websites and from the relevant companies.

USE OF COOKIES

WHAT ARE COOKIES

As with many Websites, THE BIG FAT TIP may use cookies and files similar to cookies and technologies such as “web beacons” (hereafter: “Cookies”). A Cookie is a small text file that is sent with the Website page via your browser, it is then saved on a hard drive of your computer, phone or tablet.

Cookies are for example used to save passwords and personal settings, so that you don’t have to fill those in the next time you visit the Website.

Below it will be explained how the Website uses Cookies, where the Cookies come from and why they are used. For the optimization of our own ads and those from third parties the following data, amongst others, is collected:

  • How did the person get on the Website

Below, we will describe how Cookies can be rejected and removed.

FUNCTIONAL COOKIES

THE BIG FAT TIP may use Cookies, such as Google Analytics to remember your chosen settings and entered data during your visit to our Website. These Cookies may make browsing our Website easier because certain data does not have to be re-entered every time.

In addition, THE BIG FAT TIP can use Cookies that are necessary to make the Website function well, even when you visit the Website on your mobile phone or tablet.

A/B TESTING COOKIES

THE BIG FAT TIP may continuously test its Website to be able to provide the best user experience. Because of that, THE BIG FAT TIP uses so-called A/B testing Cookies by third parties. With A/B tests, there are two different variants of the Website, or parts of the Website shown to visitors to determine which one works best. As such, this Cookie determines which version of the Website you see.

WEBSITE ANALYSIS COOKIES

On the Website, Cookies are used that keep track of which pages you have visited. This information is collected, amongst others, by web analysis services which may include Google Analytics. These web analysis services use Cookies to analyze how visitors use the Website. The Cookies are used to save visitor information, such as the time the visit to the Website took place, or whether the visitor has visited the Website before and via which Website the visitor ended up on the webpage. The generated information about your Website use is, in most cases, sent to the servers of the relevant web analysis services. The web analysis services use this information to evaluate how you use the Website, to create reports about the Website activities and to offer you other services pertaining to the use of the Website and the internet. THE BIG FAT TIP uses the aggregated data from the reports for further optimizing of the Website. THE BIG FAT TIP refers to the privacy policy of the relevant web analysis services in which is described how they deal with your (personal) data when their services, amongst which web analysis, are being obtained.

AFFILIATE COOKIES

On the Website, Affiliate Cookies are used to measure the effectiveness of ads placed on behalf of THE BIG FAT TIP on third party websites. Affiliate partners are not rewarded by THE BIG FAT TIP for their online advertising of THE BIG FAT TIP. They do all of this without the exchange of personal data.

RETARGETING COOKIES

The Website uses retargeting Cookies to show relevant ads to returning visitors of the Website. With these Cookies, a profile of your surfing behavior can be built so that the ads correspond with your interests. The ads are shown on ad partners’ Websites and on social media.

Google Adwords & Analytics Remarketing

THE BIG FAT TIP may use Google Adwords & Analytics remarketing services to show ads on third party Websites (including Google) to previous visitors of the Website. This can mean that we, for example, show ads to a visitor that has not completed their order, or has just completed their order. The ads can be text- or display ads within the Google Display Network. All collected data is used in accordance with the Privacy and Cookie Statement from THE BIG FAT TIP and Google’s privacy policy. You can set your ad preferences via the Google Ad Preference page.

SOCIAL MEDIA COOKIES

On the Website, you can use (for example) social media buttons from Facebook and Twitter. As soon as you visit a page on the Website that has social media buttons, your browser connects to the relevant social media provider. Through this, the provider obtains information about the pages on the Website you visited with your IP-address. If you are logged in to Facebook and or Twitter during your visit to the Website, your visit can be linked to your account. If you use the buttons, by clicking the Facebook ‘Like’-symbol for example, then the relevant information is sent to and saved by the relevant provider via your browser. The purpose and scope of the data collected through social media buttons, as well as further processing, the further use and the duration of the storage, are exclusively determined by the providers of the buttons. You can read more about this in the privacy policies of the relevant providers.

ACCEPTING AND DECLINING COOKIES

You can accept or decline Cookies by adjusting your browser settings. Every browser is different, so THE BIG FAT TIP refers you to the information page of your browser or the user manual of your phone for the setting of your Cookie preferences.

If Cookies are completely switched off, it is possible that you cannot use all the functions of the Website. If you use different computers at different locations, you have to make sure that every browser is set to your Cookie preferences. You can always remove Cookies from the hard drive in your computer, phone or tablet. Consult the information page of your browser or the user manual of your phone or tablet to learn how to do this.

AMENDMENTS

The contents of this Privacy and Cookie Statement can be amended by THE BIG FAT TIP at any time. The most current version can always be found on the Website. THE BIG FAT TIP advises that you regularly check this Privacy and Cookie Statement, at least before you provide THE BIG FAT TIP with personal data.

QUESTIONS

If you have any questions about this Privacy and Cookie Statement, do not hesitate to contact THE BIG FAT TIP in writing at: 

THE BIG FAT TIP

331 SOUTH FLORIDA AVE, BASEMENT

LAKELAND, FL 33801

Last updated version November 8th, 2019.