Fathom
Terms and Conditions

We hate legal jargon. However, our moms asked us not to get sued. For your reading pleasure, here’s some important info that has to do with here’s some important info about how Fathom Performance works, what’s allowed, what’s not, and other interesting tidbits.

-Fathom Team

 

(Looking for our Privacy Policy? It’s equally riveting. Read that here.)

 

Terms and Conditions

 

Welcome to FathomPerformance.com. The terms ‘FathomPerformance.com’ and, hereafter, ‘Fathom’, ‘the website’, ‘us’, ‘our’, and ‘we’ refer to the team behind the Fathom brand and FathomPerformance.com. The term ‘you’ refers to any user or viewer of our website, services, tools, or content. The term ‘Statement’ refers to this Terms and Conditions Statement as expressed on this web page.

Fathom Performance is a private company limited by shares with registered company number SC655292 through Companies House (UK). Fathom respects your privacy and is committed to protecting your personal data. At all times we aim to respect any personal information you share with us, or that we receive from others, and keep it safe. This Statement sets out our procedures, data processing practices, and other important information.

By engaging with this website or the Fathom brand in any way (browsing, becoming a member, or otherwise), you are agreeing to comply with (and be legally bound by) the following terms and conditions of use. These terms and conditions govern the relationship between Fathom and yourself. If you disagree with any part of these terms and conditions, please do not use our website or engage with the Fathom brand. If that’s the case, don’t worry – no hard feelings on our end.

 

Website

 

The use of this website is subject to the following terms of use:

  1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  2. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  3. Neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, content, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which is included below.
  5. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  6. You agree to use this website only for lawful purposes and in a way that does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of this website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person or transmitting obscene or offensive content within this website.
  7. You agree that FathomPerformance.com may at any time and for any reason, including a period of account inactivity, terminate your access to FathomPerformance.com services, or restrict or suspend your access to all or any part of the service at any time, for any or no reason, with or without prior notice, and without liability.
  8. The names, images and logos identifying us or third parties and their products and services are subject to copyright, design rights and trademarks of us and/or third parties. Nothing contained in these terms shall be construed as conferring any license or right to use any trade mark, design right or copyright of us or any other third party.
  9. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

 

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

The failure or delay of this website to exercise or enforce any right in these terms does not waive our right to enforce that right.

 

Content on This Website

 

Some of the content posted on this website is created by members of the public. The views expressed are theirs and, unless specifically stated, are not those of this website. We are not responsible for any content posted by members of the public on this website or for the availability or content of any third party sites that are accessible through this website.

This website’s content, including the information, names, images, pictures, logos and icons regarding or relating to this website, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, we exclude all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided is correct at the time of publication, no responsibility is accepted by or on behalf of for any errors, omissions or inaccurate content on the website.

By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any content on or through the website, you hereby grant to FathomPerformance.com a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such content on and through the website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any content from the website, your ability to do so may depend on the type of content, the location and manner of posting, and other factors. You may contact us to request the removal of certain content you have posted, but Fathom has no obligation to remove any such content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such content and copies thereof. By posting to this website, you represent and warrant that: (a) you own all right, title and interest in all content posted by you on or through the website, or otherwise have the right to grant the license set forth in this section, and (b) the posting of your content on or through the website does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

 

Links to Other Websites

 

Any links to third-party websites from this website do not amount to any endorsement of that site by us and any use of that site by you is at your own risk. Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

Minors

 

Any content on this website is not directed to persons under eighteen (18) years of age. By utilizing Fathom you are representing that you are eighteen (18) years of age or older.

 

Conduct on FathomPerformance.com and Within Fathom App

 

Play Nice

 

You are solely responsible for your interactions with other members. Fathom reserves the right, but has no obligation, to monitor or mediate disputes between you and other members.

You, and not Fathom, are entirely responsible for all content that you post, email, transmit or otherwise make available via this website or via the Fathom app. Fathom does not control the content posted via the website and, as such, we do not guarantee the accuracy, integrity or quality of such content. You understand that by using our website, you may be exposed to content that you deem offensive, indecent or objectionable. Under no circumstances will Fathom be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred at any time as a result of the use of any content posted, emailed, transmitted or otherwise made available.

 

Fathom Performance Disclaimer

 

The information contained in this website is for general information purposes only. The information is provided by Fathom and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss, injury, or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Fathom. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Fathom takes no responsibility for, and will not be liable for, the website or its associated tools/applications being temporarily unavailable due to technical issues.

 

This concludes our Terms and Conditions Statement. If you made it this far, we are exceedingly proud of you. Well done.

-Fathom Team