Terms of Use
In consideration of Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers allowing you to use Fat Dogs Online Properties (defined below) and the services provided by and related to the Online Properties, you agree to be bound by the terms and conditions of this Terms of Use and Privacy Agreement with Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers.
In some instances, both this Agreement and separate terms will apply to your use of the Online Properties (“Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
Your use of the Online Properties constitutes your acceptance of this Agreement. You acknowledge and agree that your use of the Online Properties has the same effect as manually signing this agreement and creates a valid, binding contract between you and Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers. If you do not agree to the terms of this Agreement, proceed no further, do not obtain services through the Online Properties, do not access any of the Online Properties, and do not download the mobile application.
Online Properties Defined and Use
The “Online Properties” shall meanWilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers webpages including, without limitation, webpages under www.fatdogs.com, Fat Dogs Rewards mobile app, Fat Dogs social media sites and all associated contents, functionality and services. As between you and Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers, Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers is solely responsible for the mobile app. Neither Apple, Inc. (Apple Store), Google, Inc. (Google Play), nor any other app store or marketplace is responsible for the mobile app or any contents.
The Online Properties are the property of Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers and/or its licensors and contractors. You are granted a non-exclusive, revocable, non-assignable, personal, non-transferable and limited license to view the Online Properties and to print off copies of any or all of the pages of the Online Properties provided (a) it is used only for non-commercial informational purposes (except it may be used in furtherance of your commercial relationship with Fat Dogs), (b) you do not remove or obscure the copyright notice or other notices, and (c) you do not violate this Agreement or any third party rights. Without the prior written consent of Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers, you are not allowed (i) to modify, copy, mine, scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or material, products or services obtained from the Online Properties; (ii) to reproduce any part of the Online Properties or mirror any material contained on the Online Properties on any other server; or (iii) to create a link to or from the Online Properties.
Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers reserves the right, at its discretion, to refuse access to the Online Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement. Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers reserves the right to withdraw or amend the Online Properties, and any service or material provided on the Online Properties, in our sole discretion without notice.
Prohibited Use of the Online Properties
You agree that all information you provide on the Online Properties is correct, current and complete. As an express condition of your use of any Online Property, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement as the same could lead to criminal or civil prosecution. Also, you agree not to use the Online Properties in any way that could damage, disable, overburden, or impair the same, or interfere with others’ use. Furthermore, you agree not to attempt to gain access to Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers computer systems or networks connected to Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Online Properties. Additionally, you agree not to impersonate or attempt to impersonate Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers, a Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers employee, another user or any other person or entity.
Electronic Signatures
The Online Properties contain opportunities to provide your electronic signature. “Electronic signature” means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation “I Accept” checkboxes, buttons or click-throughs, email or other electronic methods of signature. Where you so indicate by electronic signature, you agree that each electronic signature you provide through the Online Properties is intended to authenticate the applicable writing and that your electronic signature is the legal equivalent of your manual signature. You have the right to revoke your consent to electronically sign documents at any time by email to customerservice@wilkco.com, however any such revocation will not alter the validity and enforceability of any previously provided electronic signatures.
Product and Service Information
The information and material presented on or through the Online Properties is made available solely for general information purposes. The Online Properties may contain information related to Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers and its daily fuel prices, product information and pricing, store specials, manufacturer’s rebates, store facilities, store locations, service offerings, service availability, and other special offers. Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers makes no warranties or guarantees that such information is accurate or that each service or product will be available at a specific time or at every store location.
Account IDs & Passwords
To access certain portions of the Online Properties, or resources offered through the Online Properties, you may be asked to provide certain registration details or other information, such as user identification numbers, names or passwords (“Account IDs”).
You are solely responsible for maintaining the confidentiality of your Account IDs and agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of secure areas of the Online Properties through any methods, including unauthorized access through or to your Account IDs. Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of any Account IDs. You agree that Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers or third parties may suspend your access pending an investigation of the use of any of your Account IDs. You agree to cooperate fully with any and all investigations. You agree to notify Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers immediately of any unauthorized use of your Account IDs. You agree that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and that Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
Digital Offers
If you download the Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers Rewards Application (“App”) and create an Account ID, we may send you special offers and messages. These in-App offers may have specific terms and conditions outlined in the offer. These in-App offers and in-App messages are integrated features of the App. If you do not wish to receive these in-App offers and in-App messages, you must delete the App.
IfWilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers offers are featured on the Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers Online Properties, they may be redeemed at participating locations. Some digital offers may require you to perform specific redemption action within the App. Offers may not be changed or modified in any way. Copying, sale and Internet auction and re-distribution of offers is strictly prohibited. All offers are void where prohibited.
Third Party Sites and Content (Links to Other Websites)
The Online Properties may contain links to other websites which are hosted, operated and/or managed by third parties. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers of the use of or content on such other websites. Should you choose to visit any such website, you do so at your own risk. Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers makes no warranty or representation and disclaims any liability related to any linked website and/or its content, and is not responsible for the terms of use or privacy practices of such other website. We strongly recommend that you read the terms of use and privacy policies of every linked website you elect to visit.
Trademarks
Fat Dogs® and Fat Dogs Rewards® are marks owned by Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers and may not be used without the express written permission of Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers. There are other trademarks, service marks, trade names and trade dress on the Online Properties owned by Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers. You may not use any Fat Dogs trademarks, service marks, trade names, trade dress or other intellectual property without the express written permission of Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers and such use must adhere to Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers instructions and guidelines (including without limitation Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers published brand identity guidelines), and applicable law.
To assist and inform you and other users of our Online Properties, Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers makes licensed or fair use of trademarks, service marks, logos, graphics, designs, names, and the like of third parties for display on the Online Properties. Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers makes no claim of ownership of these marks, and such materials are to be considered the exclusive property of the respective third parties. Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers use of the marks of third parties is not intended to suggest corporate affiliation with, sponsorship of or endorsement by the mark’s holder.
Copyrights
All software and content included on the Online Properties, including all text, graphics, logos and images, are owned by Fat Dogs or third parties and are protected by United States and/or international copyright laws. Any use of the Online Properties including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the Online Properties or of Electronic Communications (defined in the Privacy Policy below) is strictly prohibited, except as otherwise specifically set forth in this Agreement. You do not acquire ownership rights to any content or other materials viewed on or through the Online Properties. The posting of information or materials on the Online Properties does not constitute a waiver of any rights therein.
Promotions; Rewards Program
We may offer you the ability to participate in our promotions and rewards program through the Online Properties, such Fat Dogs Rewards.
Geo-Location Services
Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers mobile app utilizes geo-location services when you allow the mobile app to access your location via your mobile device settings. In the event you elect to provide Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers to access your location, Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers may 1) provide services available through the mobile app to you, 2) market additional products and services to you, and 3) conduct internal research based on your current location. Further, by electing to provide Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers to access your location, you consent to the collection, use, sharing, and transfer of your geo-location data with Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers and third-party providers of Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers who help facilitate the services made available through the mobile app. You may turn location access on or off by visiting the “Settings” portion of your mobile device.
Disclaimer of Representations and Warranties
THE ONLINE PROPERTIES ARE PROVIDED BY Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers ON AN “AS IS” AND “AS AVAILABLE” BASIS. VISITORS TO THE ONLINE PROPERTIES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE ONLINE PROPERTIES.Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PROPERTIES OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE ONLINE PROPERTIES. TO THE FULL EXTENT PERMITTED BY LAW, Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers MAKES NO WARRANTIES THAT USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers DOES NOT WARRANT THAT ANY CONTENT OF THE ONLINE PROPERTIES IS ACCURATE, RELIABLE OR CORRECT; THAT THE ONLINE PROPERTIES WILL MEET YOUR REQUIREMENTS; THAT THE ONLINE PROPERTIES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAT DOGS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS,
Representation and Warranty; Indemnity
BY ACCESSING OR USING THE ONLINE PROPERTIES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE ONLINE PROPERTIES. You also represent that you are at least 18 years of age (or you have parental permission if you are under 18 years of age) and have the right, power, and authority to enter into this Agreement.
You agree to defend, indemnify, and hold Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers, its officers, directors, employees, agents, and licensors, harmless from and against any and all claims, actions, demands, costs, expenses, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, including the Privacy Policy, any applicable Additional Terms, your use of the Online Properties, your violation of the rights of any third party, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, or any misrepresentation made by you. Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers defense of any claim. You will not in any event settle any claim without the prior written consent of Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers.
Limitation of Liability
Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES, THE UNAVAILABILITY OF THE ONLINE PROPERTIES OR THIRD PARTY WEBSITES, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA, PROFITS, USE, BUSINESS OR GOOD-WILL, OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE PROPERTIES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE PROPERTIES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ONLINE PROPERTIES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Wilkinson Development, Inc., dba Fat Dogs Travel Centers as well as affiliated companies Grand Island Fat Dogs, LLC and Time Saver Travel Centers. THE ONLINE PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE ONLINE PROPERTIES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.