Our Terms of Use is a legally binding Agreement between you and us. To use our site and other parts of our service, both of the following statements must be true:
1. You are not unable to enter into legally binding Agreements due to being under the minimum legal age of adulthood and/or for any other reason(s); and
2. You are not a citizen of, and/or are not accessing this site from, any area outside of the United States of America that nullifies, voids, has laws incompatible with, or in any way enables you not to be bound by, even one of the terms in this Terms of Use.
If even one of the above statements is not true for you, you are forbidden to use SkinnyWalletFatWallet.com and any other part of our service. However, not using our service will not disadvantage you, since content and service equal to or greater than what we provide is available elsewhere on the internet. As for personal opinions and details of personal experiences, there’s a wealth of both on the internet. If you want the content we release under CC 4.0 license, it, or content similar to or greater than it, will also be available elsewhere on the internet.
If even one of the above statements is not true for you, you must close this page now, not return to SkinnyWalletFatWallet.com and refrain from using any other part of our service until such time (if ever) as both of the numbered statements above are true for you.
Last Edited / Last Revised on October 29, 2020
In Effect as of November 5, 2020
Edits / Revisions are not retroactive from the date they go into effect.
Minor editing for clarity. No substantial changes.
PLEASE READ OUR TERMS OF USE CAREFULLY AND IN ITS ENTIRETY, AS IT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.
A note to our users: why some of the text in our Terms of Use is red brown
It’s our way to draw extra attention to certain parts of this Agreement (mostly our disclaimers) WITHOUT SHOUTING AT YOU IN ALL CAPITAL LETTERS.
And, unlike red text, this shade of brown provides good contrast to the other text without being hard on the eyes, whether the reader has color vision deficiency or not. (“Color vision deficiency” is a more accurate term for “color blind.”)
We don’t have this vision deficiency ourselves and we realize only a small percentage of any country’s total population (reportedly, 5-8% in the U.S.) does. That being the case, it would’ve been easy to ignore the needs of this small group, but “easy” rarely equals “right.”
Besides, we suspect their needs are already ignored way too often and we want ALL our readers to have the best possible experience on our site.
End of note.
Our Terms of Use include the following:
Part 1.0: Terms of Use <— (You are here.)
Part 1.1a Privacy Policy & Your Privacy Rights (“Privacy Policy”)
Part 1.1b: How We Use Cookies and Similar Technology
Part 1.2: Copyright Policy & Infringement Claims and Counterclaims
Part 1.3: Comment Policy & RulesPart 1.4: Contests and Giveaways: Rules and Conditions (This page is not yet a part of our Terms of Use. See bottom of page for details.)
Links to the other parts of this Terms of Use are at the bottom of every page on this site.
Incorporated by reference
“Privacy Policy,” “How We Use Cookies and Similar Technologies,” “Copyright Policy & Infringement Claims and Counterclaims” and “Comment Policy & Rules,” are important parts of our Terms of Use and are incorporated by reference.
The sections of this Terms of Use
1. Definitions
2. Changes to our Terms of Use
3. Our service
4. Limited License
5. Right to refuse, object or withdraw consent
6. You affirm and agree
7. Framing
8. Linking to us
9. Links to third parties / external links
10. Intellectual Property Notice
11. CC-licensed content
12. Third-party copyrighted content
13. User-submitted content
14. Disclaimers & Limitations of Liability
15. No Legal Relationship
16. Miscellaneous, Applicable Law and Venue
17. Modification or Severability
18. Current and entire understanding
19. Reservation of rights
20. ARBITRATION CLAUSE
21. A note about “Contests and Giveaways: Rules and Conditions”
1. Definitions, as they pertain to this Agreement
we/us: (except where otherwise noted) the owners of Skinny Wallet Fat Wallet and SkinnyWalletFatWallet.com and our associated freelancers/independent contractors
our: used in relation to we/us
freelancers/independent contractors: the people who help us out with various tasks on an “as needed” basis
third party: any entity Skinny Wallet Fat Wallet has no control of or influence over
site: short for website
third-party link / website / content / product /service: property of third parties / property over which Skinny Wallet Fat Wallet has no control or influence
this site/our site: SkinnyWalletFatWallet.com
this page: the page you’re reading right now
non-core page: any page other than; “Terms of Use,” “Privacy Policy,” “How We Use Cookies and Similar Technologies,” “Copyright Policy & Infringement Claims and Counterclaims,” “Comment Policy & Rules,” “Contests and Giveaways: Rules and Conditions,” or “About Sharon,” “About SkinnyWalletFatWallet.com,” or “About You”
you: the person reading this page
your: used in relation to you
user/visitor/reader: anyone who uses SkinnyWalletFatWallet.com, its content and/or the other parts of our service – which includes, but isn’t limited to, comment sections and emails – in any way that doesn’t violate this Agreement (a “legitimate user“) and isn’t covered in a separate Agreement
linked PII (personally identifiable information): information linked to a specific person, such as full name, address, Social Security number, actual age or date of birth, etc.
linkable PII: information linked to a specific computer or device such as a unique identifier assigned to a phone or tablet and other information such as first or last name, any of which could be linked to a specific person
non-PII: information that isn’t linked to a specific person or device (i.e. anonymous data), such as age range or gender; country, state or zip code
express consent: Unlike implied consent, which is inferred from a person’s action, inaction or lack of protest, express consent is clearly and unambiguously given either verbally, in writing or through an action.
informed consent: permission given voluntarily and with full knowledge of possible benefits and risks
user-submitted content: any content submitted to us on SkinnyWalletFatWallet.com or elsewhere by a user, including, but not limited to, images, visual and/or audio recordings, emails, comments, guest posts, information provided for interviews, and information provided for or during contests, giveaways, surveys, and polls
CC (Creative Commons) License: a license that allows cost-free use of the content to which it is attached, so long as the specified conditions are met
2. Changes to our Terms of Use
Occasionally, we will need to revise our Terms of Use. If any of the revisions are substantial, we’ll do one or both of the following:
1. update the “Last Edited / Revised” and “In Effect as of” dates on this page and put a notice on our site with a link to the revised terms, which must be agreed to if you want to continue using our site or services;
2. update the “Last Edited / Revised” and “In Effect as of” dates on this page and, if you have given us your email address, send you email notification of the revision(s.)
You agree that we aren’t responsible for emails that can’t be delivered due to an invalid email address, nor for emails that remain unread for any reason, including your email settings sending any of our emails to the spam folder.
So that our users don’t come under new or different terms without warning, the “In Effect as of” date will always be at least seven calendar days after the revision(s.)
You agree it’s your responsibility to check for changes to the Terms of Use of any site you visit and that, therefore, you agree that continuing to use SkinnyWalletFatWallet.com or any other part of our service on or after the “In Effect as of” date of any changes to our Terms of Use constitutes your agreement to abide by and be bound by that version of our Terms of Use.
3. Our service
We provide information; training; resources; and a space for like-minded people to browse or gather, get help with and learn how to make their lives richer, and to communicate with us and other users if they wish.
Central to our service is our site and the content on our site (which includes, but isn’t limited to: internal and external links, on-site comment areas and other embedded features). But, our emails and communicating with our users on social media sites are valuable parts of our service as well.
We don’t deny service to anyone based on his/her income level, education level, current or prior military service or lack thereof, ethnicity, race, national origin, ancestry, biological sex, gender identity/gender expression, familial status, religion*/creed* or lack thereof, medical condition, physical disability, mental disability,** or age.**
* We absolutely and unequivocally WILL deny service to anyone who promotes hatred of, ill treatment of, or superiority to, an entire class, race or nation of people, regardless of his/her reason for doing so.
** All use, including but not limited to, the reading of SkinnyWalletFatWallet.com requires entering into a legally binding Agreement. All users must be of sufficient mental ability and physical age to be entitled to do so.
You agree that we have the right to limit or deny access to, and use of, any or all parts of our service to ANY individual – including you – if we believe, in good faith and at our sole discretion, that allowing the individual to continue using our service would be detrimental to other users, us, our third-party providers, or any other person or entity in any way.
You agree that we and our third-party providers have the right, but not the obligation, to permanently deny access to any or all parts of our service to anyone who refuses to abide by and be bound by the terms of this Agreement and to take any other action(s) we deem appropriate.
Our service is exclusive.
Our service is only for those individuals who abide by all applicable laws of the U.S.A. including, but not limited to, those regarding compliance with this Agreement.
Our service area is limited.
Much of our service isn’t applicable to the conditions in many areas of the world. Nor do we have the staff or budget to provide our service globally. Therefore, our service is limited – as far as feasible, given our comprehension of current technology – to areas with the populations we felt would receive the most benefit from our service.
If you can’t access our site via normal means, we don’t offer service in your area and you are not to use our service.
Circumventing our restrictions in order to access our service from outside our service area is a violation of this Agreement. We hope to expand our service area some time in the future, but we don’t know when, or if, we’ll be able to.
Our service isn’t perfect.
We don’t make any guarantees or warranties of any kind whatsoever regarding the results you may obtain, or the consequences that may result from the use or non-use of our service. If you choose to use any or all parts of our service, you agree that you do so entirely at your own risk.
Posts on our website are made at such times as we determine in our discretion and we may not review past posts to determine whether they remain accurate and information contained in such posts may have been superseded.
Right to change our service
We reserve the right to change, or to withdraw or stop, either temporarily or permanently, any or all parts of our service, in any way, without notice, for any reason.
Our service is provided uniformly to all users.
We offer every component of every part of our service equally to all our users.
Who our service is for
Anyone who:
- got through 2020 without demanding someone provide him/her a “safe space” and without resorting to physical attacks, property destruction, looting, or participating in “cancel culture”
- isn’t a “snowflake”*
- doesn’t disrespect America, its flag, its national anthem, or its military members or veterans
- doesn’t disrespect “the police” as a whole
- knows what self-restraint is and is capable of using it consistently, especially in public / on a public forum
- can read an occasional curse (“cuss”) word without having a meltdown
- can read a “non-politically correct” word like “disabled” without telling us to “drink bleach and kys” (On the Internet, “kys” is short for “kill yourself” and you’d be shocked to know how many out-of-control idiots use it.)
- is willing to earn what s/he wants through her/his OWN efforts (i.e. doesn’t expect or demand that others provide it, doesn’t feel entitled to anything s/he hasn’t earned)
* If you don’t know the slang meaning of “snowflake” (“special snowflake,”) it’s worth looking up. (And, regardless of what you may read to the contrary, “snowflake” isn’t used only by “haters.”)
In short, our service is for people who are tough, proud and resilient.
Who our service isn’t for
Anyone who was offended or “triggered” by any or all of “Who our service is for.” If this describes you, you’re forbidden to be on SkinnyWalletFatWallet.com and to use any other part of our service.
4. Limited License
Skinny Wallet Fat Wallet grants you a non-exclusive, non-transferable, revocable license to access and use our website and other parts of our service strictly in accordance with our Terms of Use.
5. Right to refuse, object or withdraw consent
You have the right to refuse any or all terms in this Agreement. You have the right to object to anything or everything about our service, including any or all terms in this Agreement.
If you dislike something about our service, we’d love to hear about it! Either comment on the appropriate post, or send us a note using our Contact Form.
For clarification: “dislike” doesn’t, necessarily, mean “object to”. For example, this site’s founder loathes the taste of kale, but she doesn’t object to kale’s existence.
If, at any point during your reading of this Agreement, you encounter or have encountered a term you refuse to be bound by or that you object to, or if, for any other reason, you choose not to use our service, close the tab you have this page open in. If you have any of our other pages open in other tabs, close them as well. If you do so, you will not be bound by any of our terms so long as you do not return to SkinnyWalletFatWallet.com or use any other part of our service.
You are forbidden to use any part of our service for as long as you have any objection to any part of it, whether you state your objection or not.
Should you initially grant your consent to abide by and be bound by the terms of this Agreement, but later decide to withdraw your consent, you may do so easily by following these steps:
1. Stop visiting SkinnyWalletFatWallet.com.
2. Stop interacting with us elsewhere.
3. Destroy the originals and any copies you have of material you obtained from us, with the following two exceptions: (1) information we sent you at your request, regarding your PII and (2) material we’ve released under CC license. Note that, to continue using our CC licensed material after you’ve withdrawn your consent to abide by this Agreement, you must continue abiding by the conditions of use you downloaded it under.
4. If you have been receiving them, opt out of receiving our emails by using the instructions at the bottom of any one.
Excluding the exceptions listed above in #3, only our legitimate users are entitled to use any part of our service. If you wish to withdraw your consent to abide by and be bound by our Terms of Service, you MUST take all four of the above steps. Otherwise, you agree that you are using falsehood to receive unjust benefit and reward from our property.
6. By remaining on or returning to skinnywalletfatwallet.com, you affirm and explicitly agree:
You affirm that you are legally entitled to enter into this Agreement and you give your EXPRESS informed consent to be legally bound by each and all of the terms of this Agreement.
You explicitly agree that:
1. you have carefully read (not “skimmed,” “glanced at”, “rushed through”, or ignored – carefully read) all parts of this Agreement, including its incorporated pages, in the original language it was written in (English) and you understand it, in part and in full; and
2. you will not, and will not allow anyone acting on your behalf to, attempt to use “It’s too long,” “I didn’t have time to read it,” or any other statement as justification or defense for agreeing to this Agreement without reading and fully understanding it. If you do not have the time to read and fully understand the entire Agreement, you agree to leave SkinnyWalletFatWallet.com and not return, or use any other part of our service, until you have ample time to read and fully understand the Agreement.
3. no part of this Terms of Use is unfair to you and that no part of this Terms of Use requires onerous or objectionable action by you; and
4. you will not access or use our service or any part of our service in violation of U.S. federal or state law, nor in violation of the terms of this Agreement.
7. Framing
We do not allow framing of our service or any part of our service.
8. Linking to us
We encourage linking to our content. However, a link must not be presented in such a way as to suggest we promote or endorse your or any third party’s causes, ideas, sites, products, or services, unless we actually do promote or endorse them on SkinnyWalletFatWallet.com or elsewhere.
Additionally, you must not use our content or a link to our content for commercial purposes* or in any way that is illegal or harmful to any person or entity.
* Exceptions: (1) You may use our CC 4.0-licensed content according to its terms and (2) you may, in your paid content, mention our site or any of its content if you provide a direct link to it.
You agree that each link you provide to our content will come directly to that content when clicked. Specifically, you agree that you will not reroute the person who clicks the link, nor will you put any page, splash page or other content between the link and our content.
You agree to provide attribution to SkinnyWalletFatWallet.com in close proximity to each link. (i.e., Mention our site as the source of the linked information). Or, if you have multiple links to our content on one page, you agree to word the attribution in such a way as to make it clear to the reader all the links are to content on SkinnyWalletFatWallet.com.
You agree you will remove any links to our content if we request you do so and you agree you will stop linking to our content if we request you do so.
We can not and do not guarantee our content will remain unedited, in the same location or available, so, we can not and do not guarantee links to our content will remain valid links.
9. Links to third parties / external links
We endorse certain websites, content, services and products and provide links to many of them. In addition, we link to any online source(s) for facts we use in our posts. We also provide any links required by the terms of any third-party media we use and other links for your reference.
Every link we provide is, in our sole opinion, to a safe and reputable location with entertaining and/or educational content.
Your opinions and needs may be different (possibly, vastly different) from ours. If anything we link to doesn’t suit your tastes or doesn’t provide for your needs, tell us about it in the post’s comment section. Or, if the post doesn’t have a comment section, let us know by sending us a note using our Contact Form.
Skinny Wallet Fat Wallet does not monitor or control outside websites and is not responsible for their content or practices.
Our use of external links does not imply that Skinny Wallet Fat Wallet is authorized to use any trade name, product or service name, trademark, logo, legal or official seal, or copyrighted symbol that may be used on a linked website.
We can not, and therefore do not, make any guarantees or warranties of any kind whatsoever regarding the results you may obtain by visiting any third-party website, or by relying on any information or content you find there, or by using any service(s), material(s) or product(s) you find there.
By using our service, you agree we are not and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, content, service(s), material(s), or product(s) available on or through such sites.
By using our service, you expressly relieve Skinny Wallet Fat Wallet, its owners, officers, board members, employees, staff, affiliates, donors, and associated freelancers and independent contractors, licensors, and suppliers from any and all liability of all kinds, without exception or limitation, arising from your use of any third-party website, information, content, service(s), material(s), or product(s). You agree that, if you take action on any recommendation we make, you do so at your own risk.
10. Intellectual Property Notice
Unless otherwise noted,* all materials other than public domain or CC0-licensed content, including without limitation, logos, brand names, trade names, domain name and other distinctive brand features, images, designs, photographs, video and audio content, and written and other materials that appear as part of our website or elsewhere in our service are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Skinny Wallet Fat Wallet.
Our website as a whole is protected by copyright and trade dress. Nothing on our website is to be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or used on our website, without the prior written permission of the intellectual property owner. Use of Skinny Wallet Fat Wallet’s intellectual property for any purpose without our prior written consent is forbidden.
You agree you will not register, attempt to register, or assist or encourage anyone else to register, in any physical, internet or other location whatsoever or through any agency whatsoever, any mark, trade name, domain name and other distinctive brand features, copyright or other proprietary rights associated with us and/or our service other than in the name of Skinny Wallet Fat Wallet, and then, only on our exclusive behalf and to our exclusive benefit and with our prior written consent.
You agree you will not remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with our service.
You agree you will not seek, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of our service based on patent, copyright, trademark, service mark, or trade dress infringement.
* Other product and company names mentioned in our website and elsewhere in our service are the intellectual property of their respective owners.
11. CC-licensed content
We want to encourage new website owners to treat all visitors equally in regard to their privacy rights. We also want to make the task of getting a new website online easier and faster. So, we’re working on fill-in-the-blank content we’ll release under a Creative Commons License, specifically a “Creative Commons Attribution-ShareAlike 4.0 International” (CC BY-SA 4.0) License.
The content will be available soon(-ish) and will include a Terms of Use, Privacy Policy and other core page documents and they’ll all be free for use, even on a commercial website.
We may eventually also have other content available under the same license and terms.
Once we have the first document ready, we’ll update this section and provide a link.
12. Third-party copyrighted content
As and when permitted by the owner and/or law, we sometimes use third-party content such as embedded videos, slideshows, podcasts or other audio, graphics, and other materials on our site.
All rights to third-party content we post belong to their respective owners.
If we have or a user has mistakenly used your copyrighted content without your permission and in a way not permitted by law you can send us a Copyright Infringement Claim and request we take the content down or block access to it.
If, on the other hand, as a result of a false Copyright Infringement Claim, we have removed or blocked access to content you posted on our site and have the legal right to use, you can send us a Copyright Infringement Counterclaim and request we repost it.
For additional information, see: “Copyright Policy & Infringement Claims and Counterclaims.” The link is provided at the bottom of this page.
13. User-submitted content
You represent and warrant that you own or have all necessary rights, consents and permissions to use and distribute, and authorize us and our third-party service providers and their respective licensees to use and distribute, any content you submit on any part of our service.
You understand that you will retain any and all copyrights and related rights you have to the content you submit.
By submitting content, you agree that you grant us and our third-party service providers and their respective licensees a non-exclusive, perpetual, royalty-free, galaxywide, sublicensable, transferable license to use the content or any part of the content in any way which does not violate relevant laws of the U.S.A., without limitation and without payment and without further notice to you or request for consent.
You represent and warrant that any content you submit is truthful, does not and will not libel, defame, threaten, harass or victimize any person or entity, and does not violate or infringe upon the privacy, copyright, trademark, service mark, patent, trade secret, or creative or other rights of any person or entity, and does not in any other way violate this Agreement.
You agree that you are solely responsible for all content submitted under your name and/or username and/or from any computer or device you own or have possession of or responsibility for.
You agree that we and our third-party service providers and their respective licensees are not responsible for the content you submit and that, under no circumstance, shall we and/or our third-party service providers and/or their respective licensees be liable for that content.
You agree to hold Skinny Wallet Fat Wallet, its owners, officers, board members, employees, staff, affiliates, donors, and associated freelancers and independent contractors harmless and to protect, indemnify and defend us, to the fullest extent permitted by applicable law, at your own expense, from all liabilities; claims, including third-party claims; proceedings; actions; and suits brought against us in connection with content submitted under your name and/or username and/or from any computer or device you own or have possession of or responsibility for. Furthermore, you agree to promptly pay all related penalties, settlements, damages, fines, expenses and costs – including, but not limited to and without limitation – court costs, arbitration costs, other litigation expenses and reasonable attorneys’ and other fees incurred by us in relation to content you have submitted.
You agree that we have the right to block or otherwise deny access to SkinnyWalletFatWallet.com, and/or any other part(s) of our service, to any user who submits content that, in our sole discretion, violates the terms in this Agreement, and to take any other action(s) against the user as we deem appropriate.
User-submitted content does not necessarily reflect the policies or opinions of Skinny Wallet Fat Wallet.
You understand and agree that we and our third-party service providers and their respective licensees are not responsible for screening, withholding, editing, moving, or deleting any user-submitted content, or for the legality, usefulness, accuracy, or truthfulness of any user-submitted content. However, we reserve the right to screen, move, review and/or edit user-submitted content before and after its submission, to not post it or to delete it at any time for any reason.
14. Disclaimers & Limitations of Liability
Headings and section numbers used in this Agreement are for reference only and do not and shall not affect the meaning of any terms. Colored text is used to draw attention to the text and does not and shall not affect the meaning of any terms. Misspelled words; grammatical, punctuation, formatting and other errors; broken links; and other imperfections in this Agreement do not and shall not affect the meaning of any terms and do not render this Agreement or any part of this Agreement void or inapplicable.
We are not nutritionists, dietitians, snail whisperers, plumbers, electricians, welders, carpenters, realtors, master gardeners, master chefs, scientists, chemists, botanists, herbalists, economists, gurus, health or medical experts, legal experts, finance or investment experts, career experts, relationship or communications experts, education experts, or any other kind of experts.
No part of our service and nothing related to or contained within it is, or is intended as a replacement for, professional advice of any kind, including, but not limited to, legal advice. Always seek the advice of a professional before undertaking any legal procedure or new endeavor, or making a major change, especially if your health or safety could be adversely affected.
In particular, no part of our service and nothing related to or contained within it is, or is intended as a replacement for, medical advice, diagnosis or treatment. Always seek the advice of a doctor or qualified health provider for any health or medical related questions or conditions you have. Never disregard, avoid or delay getting the advice of a doctor or qualified health provider because of something you’ve seen, read or heard in our service or anything related to our service.
Our service, including but not limited to, information, tips, advice, opinions, recommendations, or other content we provide, including downloadable content – whether on or off SkinnyWalletFatWallet.com or in a comment or email or anywhere else – is provided, to the fullest extent possible by law, “as is” and “as available.”
We do not guarantee, and make no warranties, express, implied, statutory or otherwise, regarding title or the merchantability or fitness for purpose of our service or any part or component of our service, including, but not limited to, user-submitted and third-party content or services (“our service,”) or that our service is completely safe or secure; timely; current; reliable; accurate; complete; free from errors, omissions, defects, or interruptions; legal; non-infringing; or suitable or appropriate for any particular purpose.
We do not guarantee the performance of any part of our service or that any part of our service will be available at any given time, or for any given duration or at all and you understand that our site and the other parts of our service may malfunction; have technical or other problems; become limited, corrupted or unavailable due to traffic congestion or other reasons; and/or be interfered with by factors or persons outside our reasonable control.
You agree that, should you use, or not use, any or all part(s) of our service, you do so at your own risk. You further agree that you will not hold Skinny Wallet Fat Wallet, its owners, officers, board members, employees, staff, affiliates, donors, and associated freelancers and independent contractors (“us”) responsible or liable – in any way, for any reason – for exemplary or punitive damages or for any indirect, incidental, special or consequential, or any other type of loss or damages of, or to, your physical, electronic or other property; personal, business or other finances; or person, up to and including personal injury or death, arising from the use of, lack of use of, or inability to use our service and/or the conduct of any user(s) of our services, whether online or offline, even if we should have known the risk(s).
By using any or all parts of our service, you agree to hold us harmless and to protect, indemnify and defend us, to the fullest extent permitted by applicable law, at your own expense, from all liabilities; claims, including third-party claims; proceedings; actions; and suits brought against us and all related penalties, settlements, damages, fines, expenses and costs – including, but not limited to – and without limitation, court costs, other litigation expenses and reasonable attorneys’ fees incurred by us, that result from or arise in relation to any of the following:
- your use, lack of use, misuse, or abuse of any or all parts of our service, or your inability to use any or all parts of our service for any reason whatsoever;
- your breach of any term or condition in this Agreement;
- your violation(s) of applicable law(s), rule(s) or regulation(s) in connection with our service;
- any representations and warranties made by you concerning any aspect of our service to any third party;
- any claims made by, or on behalf of, any third party pertaining directly or indirectly to your use of the service;
- violations of your obligations of privacy to any third party;
- any claims with respect to acts or omissions of any third party in connection with our service;
- user-submitted content submitted by anyone; and/or
- our and our third-party service providers and their respective licensees use of user-submitted content submitted by yourself, on your behalf or with your permission, and/or on a computer or device you own or had possession of or responsibility for.
You agree that you will cooperate as fully as reasonably required in defending us. Skinny Wallet Fat Wallet reserves the right, but is not obligated, to take over the full defense and control of any matter otherwise subject to indemnification by you, at its own expense. You further agree you will not, under any circumstance, settle any matter subject to indemnification by you, without the written consent of Skinny Wallet Fat Wallet.
You understand that this Agreement is separate from and in no way connected to the Agreements of our third-party service providers and their respective licensees, any site we link to, any site that links to SkinnyWalletFatWallet.com, or any service or product we use and/or recommend.
The maximum combined liability of Skinny Wallet Fat Wallet, its owners, officers, board members, employees, staff, affiliates, donors, and associated freelancers and independent contractors, licensors, and suppliers to you for any reason whatsoever related to your use, lack of use or inability to use our service, and your maximum remedy, shall be limited to three times the cash, excluding gifts and donations, paid personally by you directly to Skinny Wallet Fat Wallet in the preceding twelve months or, if no money was paid personally by you directly to Skinny Wallet Fat Wallet in the preceding twelve months, $100.00 (one hundred dollars) USD.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
If the disclaimer of warranty and limitation of liability provided in this Agreement cannot be given local legal effect according to their terms, local law that most closely approximates an absolute waiver of all civil and other liability shall be applied.
15. No Legal Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of any or all part(s) of our service.
16. Miscellaneous, Applicable Law and Venue
SkinnyWalletFatWallet.com is operated and controlled by Skinny Wallet Fat Wallet in the State of Missouri. The laws of the State of Missouri will govern this Agreement, without giving effect to any principles of conflicts of laws.
Skinny Wallet Fat Wallet and User each agree to submit to the nonexclusive personal jurisdiction of the courts located within Boone County, Missouri, U.S.A. and waive any objection to the laying of venue of any litigation in said courts.
Skinny Wallet Fat Wallet will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement. The service provided by Skinny Wallet Fat Wallet is controlled by U.S. Export Regulations, and no part of the service may be exported to or used by embargoed countries or individuals. You warrant that you are not located in, under the control of, or a resident or national of an embargoed country.
A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights in this Agreement without Skinny Wallet Fat Wallet’s prior written consent, and any such attempt is void.
A modification or waiver of any portion(s) of this Agreement shall not constitute a waiver or modification of any other portion of the Agreement.
This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
17. Modification or Severability
If any term of this Agreement is found to be unenforceable for any reason, that term shall be modified to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
If any term of this Agreement is to any extent invalid, illegal, incapable of being enforced, and incapable of being modified as stated in the preceding paragraph, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
The failure of Skinny Wallet Fat Wallet to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
18. Current and entire understanding
You agree this Agreement represents the entire understanding between you and Skinny Wallet Fat Wallet regarding our provision of and your use of our service.
You agree this Agreement supersedes any previous conversations, correspondence, documents, or other oral or written understanding related to our provision of and your use of our service.
19. Reservation of rights
All rights not expressly granted in this Agreement are reserved to Skinny Wallet Fat Wallet.
20. ARBITRATION CLAUSE
THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AS MODIFIED HEREIN.
Any dispute, controversy, or claim relating to, connected with, or arising out of this Agreement; the SkinnyWalletFatWallet.com website; or any other part of the service provided by Skinny Wallet Fat Wallet (each a “Claim”), including any question regarding its existence, validity, or termination, shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, at Skinny Wallet Fat Wallet’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Boone County, Missouri, U.S.A.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings, group Claims, group actions or otherwise.
You are solely responsible for your interactions with other users. Skinny Wallet Fat Wallet reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.
Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, or under or in connection with this Agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into this Agreement.
Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to compensation for non-material damage unless actual material loss of a specified dollar amount is first proven to the full satisfaction of the arbitrator. Should actual material loss of a specified dollar amount be proven to the full satisfaction of the arbitrator, each party agrees that the compensation (if any) for non-material damage rewarded by the arbitrator shall not exceed 50% of the dollar amount of the actual material loss.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, which determination shall be conclusive. All discovery shall be completed within 45 calendar days following the appointment of the arbitrator.
The number of arbitrators shall be one and the arbitrator shall be appointed by the American Arbitration Association.
The arbitrator’s primary language shall be English and the arbitration shall be conducted in English.
At the request of a party, the arbitrator shall have the discretion to order examination by deposition of witnesses to the extent the arbitrator deems such additional discovery relevant and appropriate. Depositions shall be limited to a maximum of three per party and shall be held within 30 calendar days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrator, and for good cause shown. Each deposition shall be limited to a maximum of two hours duration. All objections are reserved for the arbitration hearing except for objections based on privilege and proprietary or confidential information.
Each party shall fully bear its own costs and expenses, including, but not limited to, attorneys’ fees, costs relating to proof and witnesses produced by the party at the direction of the arbitrator and special or additional services such as a language translator, or assistive or supportive technologies.
The party which files the notice of intention to arbitrate shall bear, and shall not be reimbursed, in full or in part, the full cost of the arbitration filing fee(s), the arbitrator’s compensation and expenses, and all administrative fees of arbitration, including, but not limited to, hearing fees.
The award shall be made within seven months of the filing of the notice of intention to arbitrate, and the arbitrator shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by not more than two additional months by agreement of the parties or by the arbitrator if necessary.
The decision of the arbitrator shall be final.
21. Contests and Giveaways: Rules and Conditions
It may be as late as mid – late-2018 before we’re able to run contests and giveaways, but having them is definitely in our plans. At least a week before we have our first one, we’ll get the Rules and Conditions page done and posted, and include a link to it at the bottom of every page.
For clarity: “Contests and Giveaways: Rules and Conditions” is not yet, and won’t be, incorporated into our Terms of Use until it’s posted and its “In Effect as of” date arrives.