TERMS & CONDITIONS
Policy Version Date: September 15, 2023
1. USE OF THE SITE. You must be 13 years or older to access or use the Site. If you are under 13, then You may not use or access the Site under any circumstances. If You are 13 or older and younger than 18, then You may access and use the Site only if You have your parents’ or guardians’ prior permission. By accessing or using the Site, You represent that You are at least 18 or that You are at least 13 and have your parents’ prior permission to do so. If You are a parent or guardian providing permission for a child age 13 or older to access or use the Site, then You agree to accept full responsibility for that child’s use of and access to the Site under this Agreement. You further represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and You are not listed on any U.S. Government list of prohibited or restricted parties. We grant you a personal, non-exclusive, non-transferable license to access and use the Site solely for lawful purposes and only in accordance with the terms of this Agreement. Fathom reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site (or any portion thereof) or Your access to it with or without notice.
2. TERM AND TERMINATION. This Agreement will be effective on the date You first use the Site and will continue until terminated. Fathom may terminate this Agreement, and Your access to any Site, immediately, for any reason or no reason, with or without notice to You. Fathom may also suspend your use of the Site and direct You to cease using the Site with or without notice to You and with or without cause. Upon any termination of this Agreement, all rights granted to You under this Agreement will cease. Sections 3, 4, 6, 7, 9, 10, 11, 15, and 20 will survive termination or expiration of this Agreement for any reason as they apply to the rights granted to Fathom and the restrictions placed on You.
3. SOFTWARE AND WIDGETS. The widgets and other software and code available on or for download through the Site (“Software”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents (and patent applications), trade secrets and other proprietary and intellectual property rights (“Intellectual PropertyRights”). Unless otherwise expressly stated in a license or other agreement separate from this Agreement that You may have entered into (or may enter into) with Fathom or its Affiliates (as hereinafter defined) relating to any Software (each such license or other agreement, a “Software License Agreement”) or as otherwise in this Section 3, Fathom grants you a personal, limited, non-exclusive, non-transferable right to download, install and execute a single copy of the Software in accordance with the instructions provided on the Site and solely for your own personal and non-commercial purposes. Except as expressly set forth in the foregoing sentence (or any applicable Software License Agreement), You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Software or any Intellectual Property Rights therein or related thereto, and You may not modify, copy or reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Software without the prior written permission of Fathom. For software distributed under a third-party license (referred to as “Open Source Software”), Your use of the Open Source Software will be governed by the applicable third-party license. To the extent the terms of the license applicable to Open Source Software prohibit any of the restrictions in this Agreement, then with respect to the specific Open Source Software, such restrictions will not apply to such Open Source Software component.
4. CONTENT. The text, files, images, graphics, illustrations, information, data, audio, video, photographs, advertising, and other content (collectively, “Content”) available on the Site or provided from or through the Site, including, without limitation, all Content made available through any widget or other Software (such Content and any other contents of the Site or Services, collectively, “Site Content”) are protected by the Intellectual Property Rights of Fathom and its partners, affiliates, and licensors (“Affiliates”). The Site Content is protected by copyright laws and treaties around the world. Unless otherwise noted on the Site, as between You, Fathom and its Affiliates, all Site Content is owned by Fathom and its Affiliates. Your access to and use of any Site Content is also subject to any other license or other agreement separate from this Agreement that You may have entered into (or may enter into) with Fathom or any of its Affiliates relating to that Site Content (each of those licenses or other agreements, a “Content Agreement”). Except as expressly set forth in this Agreement or any Content Agreement or the express functionality of a Site, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or Site Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Site Content without the prior written permission of Fathom. If you would like to use the Site Content in a manner that is not expressly set forth in this Agreement or any other Content Agreement, please send your request to Fathom by emailing Fathom at [email protected].
5. MARKS. Unless otherwise labeled, all trademarks, trade names, service marks, logos, banners, and page headers displayed on the Site (collectively, the”Marks”) are the property of Fathom and its Affiliates. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of Fathom.
6. POSTINGS AND UPLOADS. The Site may include forums, bulletin boards, chat rooms, or other opportunities through which You may provide, transmit, upload, or otherwise make available Content to the Site or through the Services (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (1) incomplete, false, inaccurate, libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement or misappropriation of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocates illegal activity; or (4) an advertisement or solicitation of funds, goods, or services. You represent and warrant to Fathom and its Affiliates that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Site or through the Services, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant Fathom the rights discussed in this Agreement. By providing or uploading any Provided Content to the Site or through the Services, unless otherwise stated in a separate agreement entered into by You and Fathom in connection with Your upload of any Provided Content, You grant Fathom a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind. In addition, you waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant Fathom the right to use Your name in connection with the reproduction or distribution of such material.
7. CONDUCT. You will not and will not permit any third party to: (1) use the Site to harvest or collect e-mail addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications; (2) use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Fathom’s networks or network security; (3) use the Site or Content for any commercial purpose or in any automated manner including, without limitation using or attempting to use the Site to gain unauthorized access to any other computer system; (4) use automated scripts to collect information from or otherwise interact with the Site; (5) use the Site to intimidate or harass any other people or entities or to impersonate another person; (6) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of the Site; (7) remove, bypass or circumvent any electronic protection measures on the Site; (8) remove, alter, or obscure any copyright or other proprietary rights notices included on the Site, or Content; or (9) upload to the Site or provide to Fathom any code or device capable of or intended to interrupt, harm or damage the Site or Content or the operation thereof.
Fathom does not guarantee that this Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access this Site. You should use your own anti-virus software. You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to this Site, the server on which this Site is stored, or any server, computer or database connected to this Site. In the event of any breach, Your right to use this Site will cease immediately.
8. CLAIMS OF INFRINGEMENT. Just as Fathom requires users of the Site to respect the copyrights and other Intellectual Property Rights of Fathom, its Affiliates, and other third parties, Fathom respects the copyrights and other intellectual property rights of users of the Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
AC JV, LLC
Attn: Marketing Department
6465 Greenwood Plaza Blvd.
Greenwood Village, Colorado 80111
Please provide the following information to Fathom’s Marketing Department:
(1) the identity of the infringed work, and of the allegedly infringing work;
(2) Your name, address, daytime phone number, and e-mail address, if available;
(3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
(4) a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
(5) Your electronic or physical signature.
9. REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of Fathom and its Affiliates that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with Your access to the Site or use of the Services; (3) all information You provide to Fathom in connection with this Agreement and Your access to the Site or use of the Services is correct, current and Your own; and (4) You own all right, title, and interest in and to any Provided Content that You provide or upload to the Site, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant Fathom the rights discussed in this Agreement.
10. DISCLAIMER AND LIMITATION OF LIABILITY.
10.1 Disclaimer. THE SITE AND ALL CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, OR OTHERWISE PROVIDED BY FATHOM, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER FATHOM NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT, ADVICE, OPINION, STATEMENT, OR OTHER DATA OR INFORMATION DISPLAYED ON, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITE. YOU UNDERSTAND THAT BY USING THE SITE, YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL FATHOM BE LIABLE IN ANY WAY FOR ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE PRODUCTS, SERVICES, SOFTWARE, AND CONTENT IS AT YOUR OWN DISCRETION AND YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO OR USE OF THE SITE OR ANY PRODUCTS SERVICES, SOFTWARE, OR CONTENT. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, FATHOM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FATHOM MAKES NO WARRANTY THAT THE SITE OR CONTENT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS, CRASHES, AND DOWNTIME OR OTHER FAILURES; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS. THE SITE AND THE PRODUCTS, SERVICES, SOFTWARE OR CONTENT ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USES FOR OR WITH REAL TIME ROUTE GUIDANCE (INCLUDING WITHOUT LIMITATION, TURN-BY-TURN ROUTE GUIDANCE AND OTHER ROUTING THAT IS ENABLED THROUGH THE USE OF A GPS OR OTHER SENSOR) OR FOR OR IN CONNECTION WITH ANY SYSTEMS OF FUNCTIONS FOR AUTOMATIC OR AUTONOMOUS CONTROL OF VEHICLE BEHAVIOR, WHERE THE FAILURE OF THE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE.
FATHOM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. FATHOM IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF COMPANY.
10.2 Limitation. IN NO EVENT WILL FATHOM BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE SITE, EVEN IF FATHOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FATHOM’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $100.
While not intending to limit the foregoing, the above disclaimer applies to any loss or damage, arising in connection with Your:
- use of, or inability to use, this Site;
- use of or reliance on, any content displayed on this Site;
- loss of profits, sales, business or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
11. INDEMNIFICATION. You hereby indemnify, defend, and hold harmless Fathom and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any third party claim or allegation against any Indemnified Party arising from Your accessing or using the Site, Your breach or alleged breach of any term of this Agreement, including a breach or alleged breach of any representation or warranty, or your providing information or materials that infringe any third party proprietary right. Fathom will provide You with notice of any such claim or allegation, and Fathom will have the right to participate in the defense of any such claim at its expense.
13. LINKED SITES OR SERVICES. The Site may contain links to third-party sites or services that are not under the control of Fathom, and Fathom is not responsible for any content on any linked site or service. If you access a third-party site or service from the Site or through the Service, then you do so at your own risk. Fathom provides links only as a convenience, and the inclusion of the link does not imply that Fathom endorses or accepts any responsibility for the content on those third-party sites or services. Fathom welcomes links to the Site. You may establish a link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Fathom or any group or individual affiliated with Fathom. You may not use on Your site or through Your service any Content or Marks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site or service the Content or other materials on the Site without prior written consent.
14. MOBILE SERVICES. The Site may allow you to enroll to receive SMS communications or to access a Site using a mobile device (“Fathom Mobile Services”) or made available through Your mobile telephone and other mobile device (“Mobile Device”). By accessing, using, or subscribing to any Fathom Mobile Services, You consent to receiving Content, Products, and Software from Fathom through Your Mobile Device, including, without limitation, news, updates, notices, alerts, polls, giveaways, ringtones, wallpaper, advertising, coupons, datacasts, games, widgets, and other mobile Content. You also consent to providing Content from your Mobile Device to Fathom, including, without limitation, comments, responses, notices, unique device identifiers, GPS and other location-based and geo-positioning information, or other data or information. All Content, Products, Software, or other data or information received, provided, transmitted, exchanged, or otherwise made available through the Fathom Mobile Services are subject to this Agreement. You acknowledge that You: (1) are the authorized account holder for each Mobile Device through which You access, use, or subscribe to any Fathom Mobile Services; or (2) have the authorized account holder’s permission to access, use, or subscribe to such Fathom Mobile Services. The Fathom Mobile Services are available only through participating mobile carriers and on compatible Mobile Devices. Message and Data rates may apply to the Fathom Mobile Services and, depending on your Mobile Device plan or Your mobile carrier or provider, You may incur additional message or data charges by using or accessing the Fathom Mobile Services. Contact Your mobile service provider for more information. You may unsubscribe from the Fathom Mobile Services at any time by replying with the word “STOP” to any message received from Fathom or to any short code provided to You when You subscribed to the Fathom Mobile Services or any replacement for that short code later provided by Fathom.
15. NOTICES. Except as expressly stated otherwise, any notices required or allowed under this Agreement will be given to Fathom by postal mail to the address for Fathom listed on the Site. If applicable law requires that Fathom accept E-mail notices (but not otherwise), then You may send Fathom an E-mail notice by emailing Fathom at [email protected]. With respect to Fathom’s notices to You, Fathom may provide notice of amendments by posting them on the Site and You agree to check for changes. In addition, or in lieu thereof, Fathom may give notice by sending E-mail to the E-mail address You provide during registration for the Site. Notice shall be deemed given 24 hours after it is posted or an E-mail is sent, unless (as to E-mail) the sending party is notified that the E-mail address is invalid.
16. REGIONAL LEGAL CONSIDERATION. The owner of the Site is based in the state of Colorado in the United States. The Site can be accessed from countries around the world. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Site from territories where the Site or any of its services or products are illegal is prohibited. You acknowledge that you always remain responsible for your compliance with U.S. and all applicable export and related statutes and regulations.
17. Export Restrictions. You may not access, download, use or export materials posted to the Site in violation of U.S. export laws or regulations or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority.
18. Monitoring and Enforcement.
Fathom has the right but not the obligation to:
- Disclose Your identity to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, Fathom has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD FATHOM HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY APR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FATHOM OR LAW ENFORCEMENT AUTHORITIES.
Fathom can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
19. Feedback & Suggestions.
Direct feedback, comments, suggestions, requests for support and other communications relating to the Site to: [email protected]. Fathom shall have a perpetual, irrevocable, royalty free, fully paid, sublicensable, transferable, non-exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback, and suggestions for improvements or enhancements to the Site.
20. GENERAL TERMS.
20.1 Third-Party Beneficiaries. Fathom’s Affiliates are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern Content to which they have rights.
20.2 Assignment/Successors. You may not assign, delegate or transfer this Agreement or any of Your rights hereunder, and any attempt to do so will be null and void. The terms of Agreement inure to the benefit of Fathom’s successors, assigns and licensees.
20.3 Integration. This Agreement sets forth the entire understanding of the parties with respect to access to and use of the Site and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this Agreement. This Agreement may not be modified except upon mutual written agreement of both parties. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
20.4 Severability. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
20.5 Jurisdiction and Venue. This Agreement will be governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Denver, CO. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.
20.6 Modifications. Fathom reserves the right, at any time and without notice, to add to, change, update, or modify the Site, Content, or this Agreement, simply by posting such addition, change, update, or modification on the Site. Any such addition, change, update, or modification will be effective immediately upon posting on the Site and Your continued use of the Site following posting or providing of any such addition, change, update, or modification will constitute Your agreement to be bound by the addition, change, update, or modification.