Terms of Service for UK Residents

1. Welcome to Fat Llama

1.1 Fat Llama operates a platform that allows:

(a) users to advertise items for rent (such users being "lenders") and for sale (such users being "sellers");

(b) owners and sellers to communicate with and enter into agreements with other users to rent or buy such items (such users that borrow being "renters", and such users that buy being "buyers");

(c) renters to pay owners for renting the relevant items; and

(d) buyers to pay sellers for buying the relevant items; and

(e) users to resolve disputes concerning the hired items,

which we make available to you through the Fat Llama application available for download on your mobile device (the "Fat Llama App") and our website at https://fatllama.com (together, the "Fat Llama Service").

1.2 The Fat Llama Service is provided by Fat Llama Ltd ("Fat Llama", "we", "our", or "us").

2. Important warnings about lending and hiring items

2.1 Fat Llama only provides a platform that enables users to borrow and lend items, but does not borrow or lend items itself. We also do not regularly monitor the quality of the items made available for hire by owners through the Fat Llama Service.

2.2 As such, the owner (and not us) is responsible for ensuring that items conform to any descriptions provided, are fit for purpose and safe to use. If you are a renter, we will not be responsible to you for any items that you hire through the Fat Llama Service.

2.3 If you are a owner, you will also be responsible for complying with any obligations you may have under applicable law with respect to the items that you provide for hire, including giving effect to renters' rights under applicable consumer law and compensating any damage to the renter or any other person caused by your items.

2.4 If you are a renter, you will be responsible for any items you hire through the Fat Llama Service, including compensating the owner for any loss or damage to those items. You will also be responsible for any damage you cause to other people or property when you use those items.

3. Important warnings about selling and buying items

3.1 Fat Llama only provides a platform that enables users to buy and sell items, but does not borrow or lend items itself. We also do not regularly monitor the quality of the items made available for sale by sellers through the Fat Llama Service.

3.2 As such, the seller (and not us) is responsible for ensuring that items conform to any descriptions provided, are fit for purpose and safe to use. If you are a buyer, we will not be responsible to you for any items that you buy through the Fat Llama Service.

3.3 If you are a seller, you will also be responsible for complying with any obligations you may have under applicable law with respect to the items that you provide for sale, including giving effect to buyers' rights under applicable consumer law and compensating any damage to the buyer or any other person caused by your items should such law hold you accountable.

4. Your relationship with us

4.1 This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand these Terms of Service before using the Fat Llama Service.

4.2 Additional terms will apply to you depending on whether you are a renter, owner, buyer or seller. Please refer to paragraph 10 if you are a owner, paragraph 11 if you are arenter, paragraph 12 if you are a seller and paragraph 13 if you are a buyer.

4.3 By accessing and using the Fat Llama Service, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the Fat Llama Service.

5. Information about us

5.1 Fat Llama Ltd is a company registered in England, with its registered address at 9th Floor, 107 Cheapside, London EC2V 6DN.

6. Information about you

6.1 Your privacy is important to us. You should read our Privacy Policy (https://fatllama.com/privacy-policy) to understand how we collect, use and share information about you.

7. The Fat Lama Service

7.1 The Fat Llama Service allows owners and sellers to advertise items for hire and for sale, and to communicate and enter into agreements with renters and buyers for the hire or sale of those items.

7.2 We may, from time to time, provide social features on the Fat Llama Service, which enable you to message and share information about your use of the Fat Llama Service with other users. Any use of these social features should comply with our Rules of Acceptable Use below.

8. Setting up your account

8.1 To access the Fat Llama Service, you must set up an account using your email address (your "Account"). You will need to create a password for your Account – we encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.

8.2 You must be 16 years or older and capable in your country of residence of entering into a legally binding agreement to use the Fat Llama Service. If you are below the age of 18 we may require a parent or guardian to enter into the agreement on your behalf. In this instance, we will hold a legally binding agreement with the parent or guardian.

8.3 You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at info@fatllama.com straight away to let us know.

9. Your right to use the Fat Llama Service

9.1 The materials and content comprising the Fat Llama Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Fat Llama Service in accordance with these Terms of Service.

9.2 Your right to use the Fat Llama Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Fat Llama Service does not stop us from giving other people the right to use the Fat Llama Service.

9.3 Unless allowed by these Terms of Service or as permitted by the functionality of the Fat Llama Service, you agree:

(a) not to copy, or attempt to copy the Fat Llama App or any other portion of the Fat Llama Service;

(b) not to give or sell or otherwise make available the Fat Llama App or any other portion of the Fat Llama Service to anybody else;

(c) not to change, or attempt to change the Fat Llama App or any other portion of the Fat Llama Service in any way;

(d) not to look for or access the code of the Fat Llama App or any other portion of the Fat Llama Service that we have not expressly published publicly for general use.

9.4 You agree that all confidential information, copyright and other intellectual property rights in the Fat Llama App or any other portion of the Fat Llama Service belong to us or the people who have licenced those rights to us.

9.5 You agree that you have no rights in or to the Fat Llama App or any other portion of the Fat Llama Service other than the right to use and access them in accordance with these Terms of Service.

10. Owner Specific Terms

10.1 This paragraph 10 applies to you if you are a owner.

10.2 You must not offer to lend through the Fat Llama Service any firearms, weapons, pornography, mature content, animals or any items that it would be illegal to offer for hire in your or the renter's country of residence. We may remove any items offered for hire from the Fat Llama Service if we believe such items are illegal, immoral or damaging to our reputation.

10.3 You are responsible for ensuring that:

(a) you have all necessary rights to hire out any items you advertise on the Fat Llama Service, and that the renter's use of those items will not infringe any other party's rights;

(b) you deliver any hired items to the renter in accordance with the agreement you reach with the renter;

(c) any descriptions of the items you advertise for hire through the Fat Llama Service are accurate and include all information relevant to the use of the item, including (as appropriate): (i) notice of any defects, restrictions or other requirements that may apply to the use of the item; and (ii) any instructions or notices that may reasonably be required to use the item safely;

(d) the items you advertise on the Fat Llama Service: (i) conform in all material respects to any pictures or descriptions that you upload to the Fat Llama Service; (ii) are safe to use in accordance with any reasonable instructions that you provide to the renter; (iii) are fit for any purpose for which such items would normally be used, or any purpose communicated to you by the renter; (iv) can be legally offered for hire.

(e) any rental item is only handed over to the renter after the transaction(s) are approved by the Fat Llama Verification process. You must only handover the item to the person verified by Fat Llama, no third parties.

10.4 If you offer storage space for hire, you must also ensure that the space is accessible safely and legally, that it is secure and free from leaks and/or excessive heat or cold. You will be responsible for any damage to any of the buyer's items that are left in your storage area.

10.5 You will be responsible for any damage the renter or any other person may suffer as a result of any defect in the item they have borrowed from you, or for any failure to comply with the requirements in paragraph 10.2.

10.6 You are free to agree any other terms on which you hire an item to a renter, including the price you wish to charge to the renter for hiring your item for the relevant hire period (the "Hire Fee"). When you post items for hire on the Fat Llama Service, you must ensure that the Hire Fee you advertise on your listing is the total price payable for hiring your items, including any applicable taxes or costs of delivery.

10.7 Once you agree the terms on which you will lend an item to a renter, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the renter agrees to those amended terms.

10.8 You can remove a listing or cancel your agreement to lend an item to a renter at any time up to 48 hours before the start of the relevant hire period. If you cancel an agreement to hire an item to a renter less than 48 hours before the start of the hire period, we may charge you a cancellation fee equal to 30% of the relevant Hire Fee.

11 Renter Specific Terms

11.1 This paragraph 11 applies to you if you are a renter.

11.2 When you agree to hire an item with a owner, the owner grants you a limited right to use that item for the relevant hire period. This right is personal to you and you are not allowed to give this right to any other person.

11.3 You are responsible for ensuring that:

(a) you are legally allowed to use any item that you borrow through the Fat Llama Service;

(b) you comply with all applicable law when using the item;

(c) you comply with any reasonable directions provided by the owner in order to use the item safely;

(d) you return the item in the same condition as it was in when you collected it from theowner (any reasonable wear and tear excepted).

11.4 If you hire a storage space through the Fat Llama Service, you must ensure that the items you store are not flammable, dangerous or hazardous to people or animals, and do not exceed $30,000 in value. You will be responsible for any damage caused to the storage space, the owner or any other person or property as a result of your use of any storage space you hire through the Fat Llama Service.

11.5 You are free to agree with the owner how you will return any items you have hired to the owner; however, you must ensure that return any items you have hired to the ownerbefore your hire period ends.

11.6 You will be responsible for any loss of or damage to the item you have hired. Please see paragraph 19 for more information about how we handle disputes between renters and owners, including any if the item is damaged, lost or stolen.

11.7 You can cancel a request to borrow an item at any time before the request is accepted by the owner, or at any time up to 48 hours after the request is submitted, known as the ‘cooling off period’. There is no cooling off period if the request is within 48 hours of the start date. If you cancel before the request has been accepted, or within the cooling off period you will receive a full refund.

11.8 If you fail to return an item by the agreed deadline you must contact the owner and or Fat Llama to notify them as soon as you are aware you are going to miss the deadline. You will also need to book and pay for the extended time immediately. The owner may not be able to accommodate the extension in which case it is your responsibility to get the item(s) back to the owner within a timeframe that suits the owner. If you do not do so you will be liable to pay late fees, which will be double the rental fee for the period the item was late (“Late Fees”). You agree that Fat Llama can charge this amount from your card or bank account without further permission.

11.9 If you miss the agreed deadline for return and are uncommunicative with the owner or Fat Llama, or we have reason to believe you have caused damage to the item, you agree that Fat Llama can take a holding deposit from your account up to the full value of the items you have rented (“Holding Deposit”). This deposit will be fully refundable, less any fees owed to the company or owner, once the items are returned, replaced or repaired. Otherwise the deposit will not be refunded.

12. Seller Specific Terms

12.1 This paragraph 12 applies to you if you are a seller.

12.2 You must not offer to sell through the Fat Llama Service any firearms, weapons, pornography, mature content, animals or any items that it would be illegal to offer for sale in your or the buyer’s country of residence. We may remove any items offered for sale from the Fat Llama Service if we believe such items are illegal, immoral or damaging to our reputation.

12.3 You are responsible for ensuring that:

(a) you have all necessary rights to offer for sale any items you advertise on the Fat Llama Service;

(b) you deliver any bought items to the buyer in accordance with the agreement you reach with the renter;

(c) any descriptions of the items you advertise for sale through the Fat Llama Service are accurate and include all information relevant to the value of the item, including (but not limited to): (i) notice of any defects, repairs; and (ii) knowledge of previous use which affects the value of the item;

(d) the items you advertise on the Fat Llama Service: (i) conform in all material respects to any pictures or descriptions that you upload to the Fat Llama Service; (ii) can be legally offered for sale.

12.4 You will be responsible for being aware of and complying with all applicable law regulating you as a seller in your country.

12.5 You are free to agree any other terms on which you sell an item to a buyer, including the price you wish to charge to the buyer for buying your item (the "Sale Price"). When you post items for sale on the Fat Llama Service, you must ensure that the Sale Price you advertise on your listing is the total price payable for buying your items, including any applicable taxes or costs of delivery.

12.6 Once you agree the terms on which you will sell an item to a buyer, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the buyer agrees to those amended terms.

12.7 You can remove a listing or cancel your agreement to sell an item to a buyer at any time before the buyer has paid for the item. Once the buyer has sent the payment, the ownership of the item is transferred to the buyer and you are committed to delivering the item to them.

13. Buyer Specific Terms

13.1 This paragraph 13 applies to you if you are a buyer.

13.2 When you agree to buy an item with a seller, the seller grants you ownership of the item in return for the agreed Sale Price. Your ownership of this item becomes effective once you have paid for the item. This right is personal to you and you are not allowed to give this right to any other person.

13.3 You are responsible for ensuring that:

(a) you are legally allowed to buy any item that you purchase through the Fat Llama Service;

(b) you comply with all applicable law when buying the item;

14. Fees and payment

14.1 If you are a owner, we will collect the Hire Fee from the renter on your behalf. Unless we are unable to obtain payment from the renter, such as where a buyer's payment method is refused or our payment services provider determines that there is a risk of fraud, we will transfer you the Hire Fee within 24 hours of the start date of the rental. We will also charge you a fee of 25% of the Hire Fee ("Owner Fee"), which we will deduct from the amount we transfer to you.

14.2 If you are a renter, once you have agreed to hire an item theowner, we will charge you the full Hire Fee on the owner's behalf. In addition to the Hire Fee, we will also charge you an additional fee for your use of the Fat Llama Service equal to 25% of the price you pay to the owner to hire an item (" renter Fee").

14.3 If you are a seller, we will collect the Sale Price from the buyer on your behalf. Unless we are unable to obtain payment from the buyer, such as where a buyer’s payment method is refused or our payment services provider determines that there is a risk of fraud, we will transfer you the Sale Price within a reasonable timeframe. We will also charge you a fee of 10% of the Sale Price (“Seller Fee”), which we will deduct from the amount we transfer to you.

14.4 If you are a buyer, once you have agreed to buy an item, we will charge you the full Sale Price on the seller’s behalf.

14.5 When you create your Account, you will need to provide us with valid, up-to-date and complete credit or debit card details. When you agree to borrow or buy an item, you authorise us to charge such credit or debit card for the relevant Hire Fee and Renter Fee or Sale Price and Buyer Fee and hereby confirm that the details you provide are accurate and that you have the right to use the payment method selected.

14.6 If we are unsuccessful in charging the Hire Fee, Renter Fee, Sale Price, Buyer Fee, Late Fee, Settlement Fee or any other amount to your credit or debit card, and have still not received payment within 7 days after informing you, we may suspend or temporarily disable all or part of your access to the Fat Llama Service (without any responsibility to you), and we shall be under no obligation to provide any or all of the Fat Llama Service while the amount concerned is unpaid. This does not affect any other rights and remedies available to us or the owner. If you chargeback a payment you were obliged to pay by the terms of this agreement, your account will be immediately suspended until the payment is re-paid, or the chargeback is cancelled.

15. Your content

15.1 You confirm that any images, text or information that you upload to the Fat Llama Service, including any reviews that you post about other users or items (collectively, your "User Content") will meet the Rules of Acceptable Use.

15.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Fat Llama Service (including allowing users that you give access to any User Content to view and use your User Content).

15.3 You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.

15.4 Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy (https://fatllama.com/privacy-policy) which provides information on how we use your personal information.

15.5 We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use.

16. Rules of Acceptable Use

16.1 In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the Fat Llama Service (the "Rules of Acceptable Use").

16.2 When using the Fat Llama Service you must not:

(a) circumvent, disable or otherwise interfere with any security related features of the Fat Llama Service;

(b) give any false or misleading information, impersonate any person or permit any other person to use the Fat Llama Service under your name or on your behalf unless such person is authorised by you;

(c) use the Fat Llama Service if we have suspended or banned you from using it;

(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage or injury to any person or property;

(e) promote or advertise any goods or services, other than items you, as a owner or seller, make available for hire through the Fat Llama Service;

(f) send any unsolicited marketing communications through the Fat Llama Service;

(g) modify, interfere, intercept, disrupt or hack the Fat Llama Service;

(h) misuse the Fat Llama Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the Fat Llama Service or any user of the Fat Llama Service's own equipment;

(i) collect any data from the Fat Llama Service other than in accordance with these Terms and Conditions;

(j) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;

(k) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;

(l) use any User Content in violation of any licensing terms specified by the owner;

(m) other than leaving reviews about owners or items, submit or contribute any information or commentary about another person without that person's permission;

(n) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person (including but not limited to other users, and Fat Llama employees);

(o) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Fat Llama Service in a manner that send more request messages to the Fat Llama Service than a human can reasonably produce in the same period of time;

(p) enter into any agreement to buy, sell, lend or rent any item other than through the Fat Llama platform with any other user who you initially met through the Fat Llama Service. Doing so is “Fee Avoidance” and you will be liable for double the fees avoided, or a £200 fine (whichever is more) for each instance of doing so.

16.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):

(a) immediate, temporary or permanent withdrawal of your right to use the Fat Llama Fat Llama App or any other portion of the Fat Llama Service;

(b) immediate, temporary or permanent removal of any User Content;

(c) issuing of a warning to you;

(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

16.4 The responses described in paragraph 16.3 are not limited, and we may take any other action we reasonably deem appropriate.

17. Notice and takedown policy

17.1 Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through the Fat Llama Service infringes their rights. The Infringement Notice should be sent by email to copyright@fatllama.com. Please provide the following information in the Infringement Notice:

(a) your name and contact details;

(b) a statement explaining in sufficient detail why you consider that the content available through the Fat Llama Service infringes your rights or fails to comply with our Rules of Acceptable Use; and

(c) a link to or such other means of identifying the problematic content.

17.2 We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.

18. Resolving disputes between renters and owner

18.1 We encourage users to resolve any disputes directly. If, as a renter, you have lost or damaged an item, you are responsible for reimbursing the owner immediately for the full value of repairing the item (if possible) or replacing it.

18.2 If you are a owner, we may ask you to provide proof of purchase, photos of any damage caused to an item, or any other evidence to support your claim for reimbursement from arenter. Where you claim that a renter has damaged an item, we may also ask you to provide photos of your item taken before it was provided to a renter, to support your claim that any damage was caused by the renter (and was not present at the start of the hire period).

18.3 In the event that a renter and a owner are unable to resolve a dispute between them directly, they can ask us to mediate the dispute. If we do mediate a dispute, we may charge a fee of up to 30% of any amounts that we, the owner and the renter determine are payable by the renter to compensate the owner for any loss or damage to the item. We will charge this amount to the renter in addition to any amounts the renter is required to pay to the owner (together known as the “Settlement Fee”). If Fat Llama mediates the dispute you agree to accept Fat Llama’s conclusion and pay any amount which Fat Llama determines you are liable for.

18.4 If you owe Fat Llama or another user money through the terms of these Terms of Service you agree to pay the sum promptly and not more than 48 hours from it being requested. In the event that you do not pay the owed money within this timeframe, Fat Llama pay debit this amount from your card. In agreeing to these Terms you agree to allow us to do so and waive your right to chargeback this transaction with your bank.

19. Resolving disputes between buyers and sellers

19.1 We encourage users to resolve any disputes directly. If, as a buyer, you have received an item which you feel is not in the condition that was advertised, or your item never arrived, please contact the owner directly to try to reach a resolution. If the item does not arrive in the condition advertised, the seller will be responsible for providing a refund or replacement according to the buyers preference.

19.2 If you as a buyer claim on our guarantee, we may ask you to provide photos or videos showing the condition of the item upon arrival or any other evidence to support your claim for reimbursement from the seller. If as a seller you wish to contest such a claim, we may ask for evidence of the condition of the item upon sending such as photos or videos.

19.3 In the event that a buyer and seller are unable to resolve a dispute between them directly, they can ask us to mediate the dispute. If we do mediate a dispute, we may charge a fee of up to 30% of any amounts that we determine are payable by the buyer to compensate for an incorrectly advertised item. We will charge this amount to the seller.

20. Owner Guarantee

20.1 In the event that you are unable to recover the cost of repairing or replacing an item or the estimated value of the item, we may reimburse you any such amounts provided you meet the criteria laid out in the "Owner Guarantee", which you can read in full at https://fat-lama-assets.s3.eu-west-1.amazonaws.com/lenderguarante.pdf . Further details of the Owner Guarantee are also available at https://fatllama.com/guarantee .

20.2 If you are a owner, if we agree to reimburse you under the Owner Guarantee, you must inform the renter that any amounts owed to the owner will now be owed to us.

20.3 If you are a renter, any payment we may make to the owner under the Owner Guarantee will not affect your obligation to pay for the items that have been lost, stolen or damaged, but this obligation will be owed to us, rather than the owner.

21. 30-day buyer Guarantee

21.1 If you are unable to reach a resolution between yourselves you can report the incident to Fat Llama by messaging https://fatllama.com/contact-us and we will reimburse you provided you meet the criteria laid out at https://intercom.help/fat-llama/general/buy-sell .

22. Ending our relationship

22.1 If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to these Terms and Conditions or the Fat Llama Service, you must immediately stop using the Fat Llama Service.

22.2 Deleting the Fat Llama App might not close any Account you have created in relation to the Fat Llama Service. You must notify us if you wish to close your Account by contacting us using the details and functionality at https://fatllama.com/contact-us, and we will end your use of the Fat Llama Service.

22.3 We may immediately end your use of the Fat Llama Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Fat Llama Service including these Terms and Conditions.

22.4 We may also withdraw any part of the Fat Llama Service at any time and will notify you if we feel it will significantly affect your usage of the Fat Llama Service.

22.5 If you or we end your use of the Fat Llama Service or we withdraw Fat Llama Service as described in this section, we may delete your User Content, any other information that you have uploaded to the Fat Llama Service or any other information we hold about you. You will also lose any rights you have to use the Fat Llama Service or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on the Fat Llama Service, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the Fat Llama Service or any such information, content or User Content.

22.6 The termination of your use of the Fat Llama Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.

22.7 Nothing in this paragraph 16 affects any legal rights you may have under the law of the country in which you are resident.

23. Our liability/responsibility to you

23.1 While we will do our best to ensure that the Fat Llama App itself is of a reasonable standard and quality and matches any descriptions we have provided you, the Fat Llama App and any other portion of the Fat Llama Service may contain some content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.

23.2 In addition, due to the nature of the Internet and technology, the Fat Llama Service is unfortunately provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Fat Llama Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Fat Llama Service in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

23.3 In the event of a claim arising out of the provision of the Fat Llama Service, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.

23.4 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

23.5 The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.

24. Resolving disputes with us

24.1 If you have a dispute with us relating to the Fat Llama Service, in the first instance please contact us at info@fatllama.com and attempt to resolve the dispute with us informally.

24.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.

25. Changes to the Fat Llama Service

25.1 We are constantly updating and improving the Fat Llama Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Fat Llama Service.

25.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Fat Llama Service, or feature relating to the Fat Llama Service ("changes to the Fat Llama Service"). These changes to the Fat Llama Service may affect your past activities on the Fat Llama Service, features that you use, your User Content and any other information you submit to the Fat Llama Service ("Service Elements"). Any changes to the Fat Llama Service could involve your Service Elements being deleted or reset.

25.3 You agree that a key characteristic of the Fat Llama Service is that changes to the Fat Llama Service will take place over time and this is an important basis on which we grant you access to the Fat Llama Service. Once we have made changes to any part of the Fat Llama Service, your continued use of the Fat Llama Service will show that you have accepted any changes to the Fat Llama Service. You are always free to stop using the Fat Llama Service.

26. Apple App Store Provisions

26.1 This paragraph 26 applies where the Fat Llama App has been downloaded from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Fat Llama, not Apple, Inc. ("Apple") and that Apple has no responsibility for the Fat Llama App or content thereof. Your use of the Fat Llama App must comply with the App Store Terms of Service.

26.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Fat Llama App. In the event of any failure of the Fat Llama App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Fat Llama App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Fat Llama App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to Fat Llama as provider of the Fat Llama App.

26.3 You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Fat Llama App or your possession and/or use of the Fat Llama App, including, but not limited to: (i) product liability claims; (ii) any claim that the Fat Llama App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and Conditions and any law applicable to Fat Llama as provider of the software.

26.4 You acknowledge that, in the event of any third party claim that the Fat Llama App or your possession and use of that Fat Llama App infringes that third party’s intellectual property rights, Fat Llama, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.

26.5 You represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

26.6 You and Fat Llama acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions as relates to your licence of the Fat Llama App, and that, upon your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as relates to your licence of the Fat Llama App against you as a third-party beneficiary thereof.

27. Other App Marketplaces and Platforms

27.1 This paragraph 27 applies where the Fat Llama App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the "Distribution Platform "):

(a) you acknowledge that these Terms and Conditions are between you and Fat Llama, and not with the provider of the Distribution Platform ("Store Provider");

(b) your use of the Fat Llama App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;

(c) the Store Provider is only a provider of the Distribution Platform where you obtained the Fat Llama App;

(d) Fat Llama, and not the Store Provider, is solely responsible for the Fat Llama App;

(e) the Store Provider has no obligation or liability to you with respect to the Fat Llama App or these Terms and Conditions; and

(f) you acknowledge and agree that the Store Provide r is a third-party beneficiary to these Terms and Conditions as it relates to the Fat Llama App.

28. Changes to the documents

28.1 We may revise these Terms and Conditions from time to time but the most current version will always be at https://fatllama.com/terms-of-service or in the relevant section of the Fat Llama App.

28.2 Changes will usually occur because of new features being added to the Fat Llama Service, changes in the law or where we need to clarify our position on something.

28.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

29. Documents that apply to our relationship with you

29.1 The current version of these Terms and Conditions contains the only terms and conditions that apply to our relationship with you.

29.2 We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the Fat Llama Service. If part of these Terms and Conditions cannot be enforced then the remainder of these Terms and Conditions will still apply to our relationship.

29.3 If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

30. Law

30.1 English law will apply to all disputes and the interpretation of these Terms and Conditions. If we need to apply to court to enforce any part of these Terms and Conditions against you or resolve any other dispute between us arising from or related to your use of the Fat Llama Service, we will initially seek to apply to the English courts. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the Fat Llama Service heard in the courts of that country.

31. Contact, feedback and complaints

31.1 If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please email us at info@fatllama.com .

31.2 We value hearing from our users, and are always interested in learning about ways we can improve the Fat Llama Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

Terms of Service for US & CA Residents

Welcome to https://fatllama.com (the "Fat Llama Site"), a website owned and operated by Fat Llama, Inc. ("Fat Llama", "we", "our", or "us"). This page explains the terms by which you may use the Fat Llama Site, our online and/or mobile services, and our related software provided on or in connection with the service (collectively, the "Fat Llama Service").

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY ACCESSING OR USING THE FAT LLAMA SERVICE, BY REGISTERING FOR AN ACCOUNT ON THE FAT LLAMA SERVICE, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED "I AGREE" OR SOMETHING SIMILAR, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE (THESE "TERMS") AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE FAT LLAMA PRIVACY POLICY https://fatllama.com/privacy-policy, WHICH IS HEREBY INCORPORATED BY REFERENCE. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO REGISTER FOR OR OTHERWISE ACCESS THE FAT LLAMA SERVICE ("USERS").

You acknowledge and agree that, as provided in greater detail in these Terms:

  • Any and all Lending Transactions (as defined below) on the Fat Llama Service are solely between the Owner and Renter and you expressly acknowledge and agree that Fat Llama is not a party to any Lending Transactions and is not obligated to monitor any Lending Transaction or resolve any disputes between its Users;

  • If you are a Owner (as defined below), you authorize Fat Llama and its third-party payment processors to charge your payment method for any cancellation fees in accordance with the terms and conditions of these Terms;

  • If you are a Renter (as defined below), you authorize Fat Llama and its third-party payment processors to charge your payment method for any lost, stolen, or damaged Items;

  • Fat Llama reserves the right in its sole discretion to change these Terms and the Fat Llama Service and to determine the method and manner of notice of the changes; and

  • THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.

1. The Fat Llama Service

The Fat Llama Service is an online platform that enables Users to loan out their items (such Users, the "Lenders") to other Users who desire to borrow the Owner s' items (such Users, the " Renters") in exchange for payment of fees to the applicable Owner and Fat Llama. Each such lending transaction between Owner s and Renters shall, for the purposes of these Terms, be referred to as a "Lending Transaction" and each item that is the subject of a Lending Transaction shall for the purposes of these Terms, be referred to as an "Item".

2. Use of the Fat Llama Service

A. Eligibility

This is a contract between you and Fat Llama. You must read and agree to these Terms before using the Fat Llama Service. If you do not agree, you may not use the Fat Llama Service. You may use the Fat Llama Service only if you can form a binding contract with Fat Llama, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Fat Llama Service by anyone under sixteen (16) years of age is strictly prohibited and in violation of these Terms. The Fat Llama Service is not available to any Users previously removed from the Fat Llama Service by Fat Llama. Fat Llama reserves the right to approve or reject any Users from joining or continuing to use the Fat Llama Service, except as prohibited by applicable law.

B. Limited License

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Fat Llama Service solely as permitted by the features of the Fat Llama Service. Fat Llama reserves all rights not expressly granted herein in the Fat Llama Service and the Fat Llama Content (as defined below). Fat Llama may terminate this license at any time for any reason or no reason.

C. Fat Llama Accounts

Your Fat Llama account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. We may maintain different types of accounts for different types of Users. If you open a Fat Llama account on behalf of a company, organization, or other entity, then: (i) "you" includes you and that entity; and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. By connecting to the Fat Llama Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User's account. You must notify Fat Llama immediately of any breach of security or unauthorized use of your account. Fat Llama will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Fat Llama Service by changing the settings in your profile page. By providing Fat Llama your email address you consent to our using the email address to send you Fat Llama Service-related notices, including without limitation any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Fat Llama Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

D. Fat Llama Service Rules

You agree not to engage in any of the following prohibited activities: (i) downloading, copying, distributing, or disclosing any part of the Fat Llama Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Fat Llama Service in a manner that sends more request messages to the Fat Llama servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Fat Llama grants the operators of public search engines revocable permission to use spiders to copy publically available materials from the Fat Llama Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email or messages (including, but not limited to, unsolicited requests for donations); (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Fat Llama Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Fat Llama Service; (vii) collecting or harvesting any personally identifiable information, including, but not limited to, account names, from the Fat Llama Service; (viii) using the Fat Llama Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Fat Llama Service; (xi) accessing any content on the Fat Llama Service through any technology or means other than those provided or authorized by the Fat Llama Service; (xii) modify, disassemble, decompile or reverse engineer the Fat Llama Service, except to the extent that such restriction is expressly prohibited by law; (xiii) sell any counterfeit or illegal items; (xiv) use the Fat Llama Service in violation of applicable law; (xv) use the Fat Llama Service to harass or abuse another User; or (xvi) bypassing the measures we may use to prevent or restrict access to the Fat Llama Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Fat Llama Service or the content therein.

D. Changes to the Fat Llama Service

We may, without prior notice, change the Fat Llama Service; stop providing the Fat Llama Service or features of the Fat Llama Service, to you or to Users generally; or create usage limits for the Fat Llama Service. We may permanently or temporarily terminate or suspend your access to the Fat Llama Service without notice and liability for any reason, including without limitation if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

F. Disputes with Other Users

You are solely responsible for your interactions with other Users – including, but not limited to, any Lending Transactions. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Fat Llama shall have no liability for your interactions with other Users, or for any User's action or inaction.

3. User Content

Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on or through the Fat Llama Service, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts which are tagged with any Fat Llama promoted hashtag (collectively "User Content"), shall be deemed nonconfidential and nonproprietary. You understand that certain portions of the Fat Llama Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Fat Llama Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms.

WE CLAIM NO OWNERSHIP RIGHTS OVER THE USER CONTENT CREATED BY YOU. THE USER CONTENT REMAINS YOURS. However, by submitting or posting any User Content, you hereby expressly grant to Fat Llama and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, for use in connection with the Fat Llama Service and Fat Llama's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Fat Llama Service (and derivative works thereof) in any media formats and through any media channels, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts, without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. You also hereby grant each User of the Fat Llama Service a non-exclusive license to access your User Content through the Fat Llama Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Fat Llama Service and under these Terms.

By submitting or posting User Content on the Fat Llama Service, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that:

  • you own or control any and all rights in and to the User Content and/or have the rights to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;

  • you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;

  • your User Content and Fat Llama's use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including, but not limited to, any Intellectual Property Rights and privacy rights;

  • the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, racist, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files;

  • Fat Llama may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and

  • to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

You are solely responsible for the User Content and you hereby agree to indemnify and hold Fat Llama and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Fat Llama does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Fat Llama and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Fat Llama or you of the User Content, including without limitation any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that Fat Llama has no control over and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by you or any third party of any User Content. Fat Llama acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Fat Llama becomes aware of any User Content that allegedly may not conform to these Terms, Fat Llama may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Upon request by Fat Llama, you will furnish Fat Llama any documentation, substantiation or releases necessary to verify your compliance with these Terms. Fat Llama has no liability or responsibility to Users for performance or nonperformance of such activities.

FAT LLAMA HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST FAT LLAMA FOR SUCH REMOVAL AND/OR DELETION. FAT LLAMA IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE FAT LLAMA SERVICE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE FAT LLAMA SERVICE OR ANY OTHER SITES OR PLATFORMS.

4. Our Proprietary Rights

For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Except for your User Content, the Fat Llama Service and all materials therein or transferred thereby, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Fat Llama Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Fat Llama and its licensors (including without limitation other Users who post User Content to the Fat Llama Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Fat Llama Content. Use of the Fat Llama Content for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Fat Llama Service, including without limitation about how to improve the Fat Llama Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Fat Llama under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Fat Llama does not waive any rights to use similar or related ideas previously known to Fat Llama, or developed by its employees, or obtained from sources other than you.

5. Terms Specific for Owner s

A. Lending Transaction Acceptance and Cancellation

You may accept or reject any request from a Renter to enter into a Lending Transaction at your sole discretion. Once you accept a request to enter into a Lending Transaction, a legally binding agreement is formed between you and the applicable Renter. Once you enter into a Lending Transaction with a Renter, you agree to be responsive to the Renter and to communicate with them to coordinate the delivery and return of the Item. If you, as a Owner , cancel a Lending Transaction after you accept the Renter's request, you shall be liable to pay, and you authorize Fat Llama and its third-party payment processor to charge your payment method for, a cancellation charge of thirty percent (30%) of the Hire Fee (as defined below) and Fat Llama may, at its sole discretion, credit the applicable Renter's account for a portion of your cancellation charge.

B. Item Listings and Descriptions

When listing an Item for Renters to borrow through the Fat Llama Service (such items, the "Items"), Owner s must: (i) provide complete and accurate information and descriptions about the Items; (ii) disclose any deficiencies, restrictions, and requirements that apply; and (iii) provide any other pertinent information requested by Fat Llama. Images or videos used in the Owner s' Item listings must accurately reflect the quality and condition of your Items. Fat Llama reserves the right to require that Item listings and descriptions have a minimum number of images or videos of a certain format, size and resolution.

C. Hire Fee and Acceptance; Payment

You are solely responsible for setting a price (including without limitation any taxes if applicable, or charges such as delivery fees) for the Renter to rent your Items ("Hire Fee"). Once a Renter requests to borrow your Items, you may not request that the Renterpays a higher price than in the request, nor may you do any subsequent verification of theRenter. Unless otherwise agreed by the parties in writing, Fat Llama shall remit payment to you of the Hire Fee due to you, less the Fat Llama Commission (as defined below), no later than twenty-four (24) hours after scheduled start of Renter's Item rental. Payment shall be in the form you select when you register for the Fat Llama Service, or as subsequently updated as permitted by the Fat Llama Service. Fat Llama reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms or amounts due to any breach of these Terms by you, pending Fat Llama's reasonable investigation of such breach. Fat Llama also reserves the right to withhold payment or charge back to your account any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the dispute. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Fat Llama Service. If you dispute any payment made hereunder, you must notify Fat Llama in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to so notify Fat Llama shall result in the waiver by you of any claim relating to such disputed payment. We may withhold any taxes or other amounts from payments due to you as required by law.

D. Prohibited Items

You will not list or loan the following Items on the Fat Llama Service: (i) alcohol, tobacco, drugs and drug paraphernalia; (ii) illegal items, items promoting illegal activity and highly regulated items; (iii) pornography or mature content; (iv) items that violate the Intellectual Property Rights or other proprietary rights of any third party; (v) animals and animal products; and/or (vi) any Items that are not clean or in good condition. Fat Llama reserves the right to amend this list of prohibited Items at any time and for any or no reason and to otherwise remove any Items listed on the Fat Llama Service, whether or not they are included on this list of prohibited Items.

E. Item Representations and Warranties

When you enter into a Lending Transaction as a Owner , you represent and warrant that: (i) you are in possession of all licenses and permits necessary to provide the Items to theRenters and Fat Llama pursuant to these Terms; and (ii) the Items, your provision of the Items, and Fat Llama's and Renters' use of the Items under these Terms will (a) not breach any agreements you have entered into with any third parties, (b) comply with all applicable laws, tax requirements, and other rules and regulations, and (c) will not violate any third party's proprietary rights, including, but not limited to, any Intellectual Property Rights and privacy rights.

F. Special Terms for Storage

If you offer to lend out your storage space (including, but not limited to, garages, lofts, attics, rooms, storage units, studios, and driveways), you acknowledge and agree that you: (i) are entirely responsible for providing proper security for the items being stored in your Items; (ii) are responsible for maintaining the condition of the storage space, to at least the condition that it is in when the Renter agrees to leave their items in the storage space; and (iii) are responsible for the care and protection of any and all Renteritems contained in your storage space.

G. Item Rankings

The placement and ranking of Items in search results on the Fat Llama Service may vary and depend on a variety of factors, such as Renter search parameters and preferences, Owner requirements, price and calendar availability, number and quality of images, customer service and cancellation history, and Reviews and Ratings.

H. Owner Guarantee

As part of the Fat Llama Service, Fat Llama may allow Owner s to be compensated for any Items that are lost, stolen or damaged by filing a claim with Fat Llama. Details about the guarantee, including, but not limited to, any eligibility requirements, can be found at fatllama.com/guarantee. Fat Llama reserves the right to discontinue this Owner guarantee for any or no reason and without notice to you or to Owner s generally.

I. Lending Transaction Acknowledgement; Assumption of Risk; Release of Claims

When you lend an Item to a Renter as part of a Lending Transaction, you acknowledge and agree that you are entering into a transaction with the applicable Renter – not Fat Llama. YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT TO LENDING YOUR ITEMS TO BORROWERS IN CONNECTION WITH A LENDING TRANSACTION – INCLUDING, BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF YOUR ITEMS AND THAT YOU ASSUME ALL RISK IN CONNECTION WITH LENDING YOUR ITEMS THROUGH THE FAT LLAMA SERVICE. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE FAT LLAMA FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE FAT LLAMA SERVICE AS A LENDER, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY LENDING TRANSACTIONS THAT YOU MAY ENTER INTO ON THE FAT LLAMA SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, THEN THE WAIVER OF CALIFORNIA CIVIL CODE §1542 CONTAINED IN THE "LIMITATION OF LIABILITY" SECTION OF THESE TERMS SHALL APPLY TO THIS RELEASE.

6. Terms Specific for Renters

A. Requests to Borrow

Subject to meeting any and all requirements set by Fat Llama and/or the Owner , you may borrow an Item through the Fat Llama Service by submitting a request to the Owner through the Fat Llama Service. Fat Llama reserves the right, but is under no obligation to, verify your request prior to delivering it to the applicable Owner. You may withdraw your request to borrow an Item without any charge or liability by notifying Fat Llama, provided such withdrawal is effected prior to Owner 's acceptance of the request.

B. Renter Fees

All applicable fees, including without limitation any Hire Fees and the Fat Llama Commission (as defined below) (collectively, the " Renter Fees") will be presented to you prior to submitting your request to borrow an Item. Upon receipt of a booking confirmation from Fat Llama, a legally binding agreement is formed between you and the applicable Owner and you agree to pay the Renter Fees attributable to the applicable Lending Transaction, which shall be non-refundable – even if you cancel the Lending Transaction.

C. Limited License and Return

You understand that when you enter into a Lending Transaction, you are being granted a limited license granted by the Owner to borrow and use the Item for the period identified in your borrowing request. You agree to return the Items no later than the time that is indicated in the accepted borrowing request; provided that, you may request to extend the rental period from the Owner , who may choose to extend the rental period at the Owner 's sole discretion. If you retain the Item beyond the agreed upon time or fail to use reasonable efforts to communicate with the Owner during your rental period to coordinate delivery and return of the Item, you no longer have a license to borrow and use the Item and the Owner is entitled to make you return the Items in a manner consistent with applicable law. In addition, you agree to pay for each twenty-four (24) hour period (or any portion thereof) that you retain the Item, an additional fee of up to two (2) times the average daily Hire Fee originally paid by you to cover the inconvenience suffered by the Owner and Fat Llama, plus all applicable taxes, and any legal expenses incurred by the Owner and Fat Llama to make you return the Item unless and until such late fees reach the estimated value of the retained Items. You authorize Fat Llama and its third-party payment processors to charge your payment method for the fees described in this Section.

D. Damages to Items

Renters are responsible for returning the Items to Owner s in the condition it was in when they received the Items Renters are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to or use of the Items, excluding the Owner s. In the event the Item is damaged, lost, stolen or destroyed, you agree the Fat Llama and its third-party payment processors may charge your payment method for up to the fair market value of the applicable Item to compensate for such damage, loss, or destruction of the Item.

E Renter Representations and Warranties

By submitting a request to enter into a Lending Transaction with a Owner , you represent and warrant that: (i) you have read and accepted the description of the Item provided by theOwner ; (ii) you have the funds available to cover the required payments to rent theRenter Fees and any late charges for any Items retained after the rental period; (iii) you accept responsibility for the Items and agree to pay any late fees and charges in accordance with terms of this Section; and (iv) you agree to use the Items in compliance with any and all applicable laws, rules, and regulations.

F. Special Terms for Storage

If you borrow storage space from a Owner , you acknowledge and agree that: (i) you will not store any hazardous materials in the storage space, including, but not limited to, any exotic animals or explosives; (ii) you will not store items or goods that have a fair market value in excess of $30,000; and (iii) you will not store any items in the Owner 's storage space that Owner s are not allowed to loan to Renters through the Fat Llama Service.

G. Lending Transaction Acknowledgement; Assumption of Risk; Release of Claims

When you borrow an Item from a Owner as part of a Lending Transaction, you acknowledge and agree that you are entering into a transaction with the applicable Owner – not Fat Llama. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE FAT LLAMA FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE FAT LLAMA SERVICE AS A BORROWER, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY LENDING TRANSACTIONS THAT YOU MAY ENTER INTO ON THE FAT LLAMA SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, THEN THE WAIVER OF CALIFORNIA CIVIL CODE §1542 CONTAINED IN THE "LIMITATION OF LIABILITY" SECTION OF THESE TERMS SHALL APPLY TO THIS RELEASE.

7. Interactions and Disputes between Owner s and Renters

YOU AGREE THAT WHEN YOU LEND OR BORROW AN ITEM ON THE FAT LLAMA SERVICE, THE LENDING TRANSACTION IS SOLELY BETWEEN YOU AND THE LENDER AND/OR BORROWER, AS APPLICABLE AND THAT FAT LLAMA IS NOT A PARTY TO THE LENDING TRANSACTION. FAT LLAMA HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, ASSIST AND/OR RESOLVE ANY DISPUTE BETWEEN LENDERS AND BORROWERS – INCLUDING WITHOUT LIMITATION AND BY WAY OF EXAMPLE, BY CHARGING THE FULL ESTIMATED VALUE OF BORROWED ITEMS TO THE BORROWER'S PAYMENT METHOD IN THE EVENT IT IS DETERMINED THAT THE BORROWER HAS STOLEN, LOST, OR DESTROYED THE LENDERS' ITEMS.

In the event that a Renter and a Owner are unable to resolve a dispute between them directly, they may ask Fat Llama to mediate the dispute. Fat Llama may accept or reject such request to be a mediator at its sole discretion. If Fat Llama accepts the request to act as a mediator, it may charge a fee of up to thirty percent (30%) of any amounts that Fat Llama determines is payable by the Renter to compensate the Owner for any loss or damage to the applicable Item. We will charge this amount to the Renter in addition to any amounts theRenter is required to pay to the Owner , which may include the fees attributable to those days that the Owner has been unable to lend the Items to other Renters.

8. Interactions and Disputes between Owner s and Renters

Within a certain timeframe after completing a Lending Transaction, Owner s and Renters can leave a public review ("Review") and submit a star rating ("Rating") about each other. Ratings or Reviews reflect the opinions of the individual User and do not reflect the opinions of Fat Llama. Ratings and Reviews are not verified by Fat Llama for accuracy and may be incorrect or misleading. Ratings and Reviews by must be accurate and may not contain any offensive or defamatory language. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User. Ratings and Reviews are part of a User's public profile and may also be surfaced elsewhere on the Fat Llama Service together with other relevant information such as number of Lending Transactions, number of cancellations, average response time and any other information Fat Llama considers to be relevant.

9. Fees and Payment Terms

A. Fat Llama Commission

Fat Llama receives a commission from each of the Owner and the Renter for any and all Owner Transactions taking place through the Fat Llama Service ("Fat Llama Commission"). The Fat Llama Commission will be twenty five percent (25%) of the Hire Fee from each of the Owner and the Renter. For Owner s, Fat Llama will retain twenty five percent (25%) of the Hire Fee prior to its payment to Owner. For Renters, Fat Llama will charge the Renterfor the Hire Fee and the additional twenty five percent (25%) of the Hire Fee upon Owner 's acceptance of Renter's request to enter into a Lending Transaction.

B. Commission Avoidance

You shall not engage in any practice which may avoid or lower the amount of Fat Llama Commission that would otherwise have been payable had the Lending Transaction been completed using the Fat Llama Service (such practices collectively referred to as "Commission Avoidance"). Commission Avoidance includes, without limitation, entering into any Lending Transaction or otherwise coordinating to lend and borrow Items outside of the Fat Llama Service. In the event of engagement by any User(s) in any Commission Avoidance, such User(s) shall indemnify and hold harmless Fat Llama in respect of any losses suffered by Fat Llama as a result of such Commission Avoidance. In the event that you attempt to engage a User you met through the Fat Llama Service in a rental or transaction that does not use the Fat Llama Service, you are liable to pay a fine of up to the lesser of the Fat Llama Commission or $200 as a penalty for doing so and Fat Llama may terminate your account without liability to you.

C. Payment Methods

We accept various payment methods for the Fat Llama Service, including, but not limited to, Mastercard, Visa, and American Express. For any fees on the Fat Llama Service payable to Fat Llama or other Users, Fat Llama or its third-party payment processor will bill your payment method submitted in connection with the Lending Transaction or otherwise provided with your account. Fat Llama will not fulfill any transaction without authorization validation of your purchase from your payment method.

D. Taxes

You acknowledge that you are solely responsible for payment of applicable taxes (if any) owed by you pursuant to your use of the Fat Llama Service.

E. Payment Processing Services

Payments made through the Fat Llama Service are processed by Stripe. You can read their full terms and conditions here. Payment processing services for Owner s on Fat Llama are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a Owner on Fat Llama, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Fat Llama enabling payment processing services through Stripe, you agree to provide Fat Llama accurate and complete information about you and your business, and you authorize Fat Llama to share it and transaction information related to your use of the payment processing services provided by Stripe.

10. Interactions and Disputes between Owner s and Renters

We care about the privacy of our Users. You understand that by using the Fat Llama Service, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.

11. Text Messaging

We offer you the chance to enroll to receive SMS/text messages from Fat Llama. You may enroll to receive text messages about account-related news and alerts and/or offers for Fat Llama products and services. By enrolling in Fat Llama's SMS/text messaging service, you agree to receive text messages from Fat Llama to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. Consent is not required as a condition of purchase.

To unsubscribe from text messages at any time, email us at info@fatllama.com. You consent that following such a request to unsubscribe, you may receive one final text message from Fat Llama confirming your request. For help, contact us via our contact page.

12. Security

Fat Llama cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

13. User Content

It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Fat Llama Service, please notify Fat Llama's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  2. Identification of the copyrighted work that you claim has been infringed;

  3. Identification of the material that is claimed to be infringing and where it is located on the Fat Llama Service;

  4. Information reasonably sufficient to permit Fat Llama to contact you, such as your address, telephone number, and, email address;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice Fat Llama, Inc.

Address: 9th Floor, 107 Cheapside, London, EC2V 6DN, England.

Telephone: 020 3936 2259

Email: copyright@fatllama.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING WITHOUT LIMITATION MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying Fat Llama and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Fat Llama's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Fat Llama has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Fat Llama may also at its sole discretion limit access to the Fat Llama Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

14. Third-Party Links and Information

The Fat Llama Service may contain links to third-party materials that are not owned or controlled by Fat Llama. Fat Llama does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Fat Llama Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Fat Llama's Privacy Policy do not apply to your use of such sites. You expressly relieve Fat Llama from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Fat Llama Service, including, but not limited to, payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Fat Llama shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

15. Indemnity

You agree to defend, indemnify and hold harmless Fat Llama and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Fat Llama Service, including without limitation any data or content transmitted or received by you and your lending and/or borrowing of any Items; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Fat Llama Service with your unique username, password or other appropriate security code.

16. No Warranty

THE FAT LLAMA SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE FAT LLAMA SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FAT LLAMA SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAT LLAMA OR THROUGH THE FAT LLAMA SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FAT LLAMA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE FAT LLAMA SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE FAT LLAMA SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE FAT LLAMA SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FAT LLAMA SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE FAT LLAMA SERVICE.

FAT LLAMA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FAT LLAMA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FAT LLAMA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAT LLAMA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL FAT LLAMA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE FAT LLAMA SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAT LLAMA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FAT LLAMA SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE FAT LLAMA SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FAT LLAMA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FAT LLAMA HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FAT LLAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

FOR ANY RELEASES CONTAINED IN THESE TERMS, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

18. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

A. Governing Law

You agree that: (i) the Fat Llama Service shall be deemed solely based in California; and (ii) the Fat Llama Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including, but not limited to, any provisional relief required to prevent irreparable harm. You agree that San Francisco, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

B. Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FAT LLAMA. For any dispute between you and Fat Llama, you agree to first contact us at resolutions@fatllama.com and attempt to resolve the dispute with us informally. In the unlikely event that Fat Llama has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco, California, unless you and Fat Llama agree otherwise. If you are using the Fat Llama Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Fat Llama Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Fat Llama from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

C. Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE FAT LLAMA SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FAT LLAMA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

19. Additional Mobile Applications Store Terms

A. Mobile Applications

We may make available software to access the Fat Llama Service via a mobile device ("Mobile Applications"). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. Fat Llama does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Fat Llama hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Fat Llama User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Fat Llama may from time to time issue upgraded versions of the Mobile Applications and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Fat Llama or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Fat Llama reserves all rights not expressly granted under these Terms. If the Mobile Applications are being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Fat Llama Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Fat Llama Service.

B. Mobile Applications from Apple Mobile Applications Store

The following applies to any Mobile Applications you acquire from the Apple Mobile Applications Store ("Apple-Sourced Software"): You acknowledge and agree that these Terms are solely between you and Fat Llama, not Apple, Inc. ("Apple") and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the Apple App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Fat Llama as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Fat Llama as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party's intellectual property rights, Fat Llama, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Fat Llama acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

C. Mobile Applications from Google Play Store

The following applies to any Mobile Applications you acquire from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that these Terms are between you and Fat Llama only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Fat Llama, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Fat Llama's Google-Sourced Software.

20. General

A. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fat Llama without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to these Terms

Fat Llama may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Fat Llama in our sole discretion. Fat Llama reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Fat Llama is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Fat Llama may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified' date at the bottom of this page and notify you that material changes have been made to these Terms. Your continued use of the Fat Llama Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Fat Llama Service.

C. Entire Agreement/Severability

These Terms, together with any amendments and any additional agreements you may enter into with Fat Llama in connection with the Fat Llama Service, shall constitute the entire agreement between you and Fat Llama concerning the Fat Llama Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

D. No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fat Llama's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

E. Contact

Please contact us at info@fatllama.com with any questions regarding these Terms.

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© Fat Llama Limited 2021