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Effective Date: 1 May 2023

 

These Terms of Use ("Terms") govern your use of the Fathom website, owned and operated by Dan Ford Coaching Ltd ("Fathom," "we," "us," or "our"). By accessing or using the Fathom website (the "Platform"), you agree to these Terms. If you do not agree with any part of these Terms, please refrain from using the Platform.

 

1. Acceptance of Terms

1.1 Agreement to the Terms:
   - By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.2 Modifications:
   - We reserve the right to modify, update, or change these Terms at any time without prior notice. Your continued use of the Platform after any modifications signify your acceptance of the revised Terms.

 

2. Intellectual Property Rights

2.1 Ownership:
   - The Platform and all content, including text, graphics, logos, images, videos, audio, software, and other materials, are owned by Fathom or its licensors and protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written permission.

2.2 User-Generated Content:
   - You retain ownership of any content you submit or upload to the Platform ("User Content"). However, by submitting User Content, you grant Fathom a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute the User Content for the purpose of providing and promoting the Platform.

 

3. User Conduct

3.1 Prohibited Conduct:
   - You agree to use the Platform in a lawful and responsible manner and not to engage in any conduct that may interfere with or disrupt the operation of the Platform or violate the rights of others. Prohibited conduct includes, but is not limited to:
     - Violating applicable laws or regulations
     - Uploading or transmitting unauthorized content
     - Impersonating another person
     - Interfering with the security or integrity of the Platform

3.2 User Obligations:
   - You are responsible for maintaining the confidentiality of your account credentials, and you agree to promptly notify us of any unauthorized access to your account or any other security breaches.

 

4. Third-Party Links and Content

4.1 Third-Party Links:
   - The Platform may contain links to third-party websites or resources. We do not endorse, control, or assume any responsibility for the content or practices of these third-party websites. Your interactions with third-party websites are solely at your own risk.

4.2 User Interaction:
   - You are solely responsible for any interactions with other users or third parties on the Platform. We are not liable for any damages or losses resulting from such interactions.

 

5. Limitation of Liability

5.1 Disclaimer of Warranties:
   - The Platform is provided on an "as is" and "as available" basis. We make no warranties or representations regarding the accuracy, completeness, or reliability of the content or the availability of the Platform.

5.2 Limitation of Liability:
   - To the maximum extent permitted by applicable law, in no event shall Fathom be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Platform.

 

6. Termination

6.1 Termination:
   - We reserve the right to terminate or suspend your access to the Platform at any time without prior notice, for any reason, including, without limitation, if you breach these Terms.

6.2 Effects of Termination:
   - Upon termination, all licenses and rights granted to you under these Terms will immediately cease, and you must cease all use of the Platform.

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7. Governing

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Law and Jurisdiction:

7.1 Governing Law:

• These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

7.2 Dispute Resolution:

• Before filing any claim against Fathom, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Fathom may bring a formal proceeding.

1. Miscellaneous

8.1 Severability:

• If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

8.2 Entire Agreement:

• These Terms constitute the entire agreement between you and Fathom regarding the Platform, and supersede and replace any prior agreements we might have had between us regarding the Platform.

8.3 No Waiver:

• The failure of Fathom to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

8.4 Assignment:

• Fathom may assign or transfer these Terms, at its sole discretion, without restriction. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Fathom.

8.5 Amendments:

• We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.