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IMPORTANT NOTICE: Fairness.com, LLC ("FAIRNESS.COM," "we," or "us") provides services to you subject to the conditions contained in this Conditions of Service Agreement (the "Agreement"). It is a legally binding contract, just as binding as if you had signed a contract written on paper, between FAIRNESS.COM and you (either on behalf of yourself as an individual or on behalf of an entity as its authorized representative), the person accessing the FAIRNESS.COM Internet website or websites (the "Site") or receiving services from FAIRNESS.COM. Please read this Agreement carefully before you click on the "I Accept the Agreement" button; IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, DESCRIBES VARIOUS LIMITATIONS AND EXCLUSIONS, AND INCLUDES A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. By clicking on the "I Accept the Agreement" button, you signify that you have read, understand, and agree to abide by and be bound by all terms, conditions, and notices contained or referenced in this Agreement. If you do not agree to all of the terms and conditions and notices in this Agreement, click on the "I Do NOT Accept the Agreement" button.
FAIRNESS.COM will communicate with you by email or by posting notices on the Site, and you you consent to receive communications from us electronically; furthermore, you agree that all agreements, announcements, notices, disclosures, and other communications that FAIRNESS.COM provides to you electronically satisfy any legal requirement that such communications be in writing.
FAIRNESS.COM reserves the right to make changes to the terms and conditions of this Agreement from time to time. Please check this page frequently for changes. For your convenience, we will make an effort to post new changes to the Agreement on the Site's Conditions of Service Updates Page, so please check it frequently for changes. ANY CHANGE WILL BE EFFECTIVE IMMEDIATELY AND NEED NOT BE IDENTIFIED WITHIN THE AGREEMENT AS A CHANGE OR BE POSTED ON THE "CHANGES" PAGE IN ORDER TO BE BINDING. YOUR CONTINUED USE OF THE SITE FOLLOWING ANY SUCH CHANGES CONSTITUTES AND WILL BE DEEMED A BINDING ACCEPTANCE OF THE REVISED AGREEMENT.
1. Grant of Limited Rights
In return for your compliance with all of the terms of this Agreement, FAIRNESS.COM hereby grants to you a personal, revocable, non-exclusive, non-transferable, non-sublicensable limited right ("Limited Right") to access and display on your personal computer or personal mobile display device the materials appearing on this Site including but not limited to text, graphics, software, video, photographs, illustrations, headlines, music, abstracts, summaries, sounds, artwork, page layouts and design, or other proprietary materials owned by FAIRNESS.COM or other entities that appear on the Site (the "Material") solely for your personal use, and you may download, maintain, or print occasional single copies of certain pages containing Material for your personal non-commercial use only. Except for the foregoing, you may not under any circumstances without the express written permission of FAIRNESS.COM reproduce, translate, transmit, or otherwise distribute, publish, or disseminate any Material, by any means, mechanical, photographic, electronic or otherwise. Without limiting the foregoing, you expressly agree that you will not, and you will not permit others to, attempt to sell any Material to third parties. FAIRNESS.COM and its content providers retain all rights to the Material not expressly granted to you hereunder.
We reserve the right to change the contents and services of this Site, or to discontinue offering any or all such contents or FAIRNESS.COM services, at any time, and from time to time to establish and change practices and policies concerning the Site and its use.
2. Copyrights and Trademarks
This Site as a whole is copyrighted as a collective work, and individual works appearing on or accessible through this Site owned by or licensed to FAIRNESS.COM or its content providers are likewise subject to copyright protection under the copyright laws of the United States and international copyright treaties. You agree to honor the copyrights in this Site (including the selection, coordination, and arrangement of the contents of this Site) and in the works available on this Site. You agree that these copyright protections will survive any termination of the Agreement.
In addition, trademarks and trade dress belonging to us or to others appear on or are accessible through this Site. All trademarks not owned by FAIRNESS.COM LLC that appear on this site are the property of their respective owners, who are not affiliated with, connected to, or sponsored by FAIRNESS.COM LLC. The fact that we have permitted you to access this Site does not constitute authorization to reproduce such trademarks or trade dress for any other purpose, and you agree not to do so.
3. Rules of User Conduct
As a user of the Site you agree that you will not:
- harvest, collect, or store information about the users of this Site;
- knowingly solicit personal information from a user of this Site under the age of 18 without appropriate prior verifiable consent from a parent or guardian of the minor;
- interfere with any other members' use and enjoyment of the Site or its services;
- knowingly place an unreasonable burden on the Site's processing capacity or unreasonably hinder its capabilities to handle communications with other users;
- use the Site for an unlawful or unauthorized purpose;
- use the Site in a manner that could be harmful to one or more of the users of our Site or to our business and organizational interests.
4. Termination or Other Changes to Normal Site Access and Services
In addition to any other remedies that FAIRNESS.COM may have, FAIRNESS.COM reserves the right at its sole discretion to restrict, suspend, or terminate this Agreement and/or your access to the Site, in whole or in part, at any time without notice in the event that FAIRNESS.COM has reasonable grounds to believe that you have breached or threatened to breach any term of this Agreement.
5. Disclaimers and Limitations of Warranties
This Site and the information and Material available on or through it do not and are not intended to constitute legal or other professional advice. By using this Site, you assume all responsibility for and risk arising from your use of and/or reliance upon the Material appearing on this Site and content accessed through the Site. You understand that by accessing this Site or linked websites, you may be exposed to Material or other content that some consider inaccurate, offensive, indecent, or objectionable.
A) Material posted by FAIRNESS.COM: This Site is provided as a reference resource and as a guide to other (often more extensive or definitive) resources. Although we make reasonable efforts to provide useful information (and tools and data, if any), we expressly disclaim any duty or obligation to ensure that Material posted by FAIRNESS.COM on the Site will be error-free, timely, or secure.
B) Material posted by Third Parties: Material accessible from or added to this Site by third parties, such as but not limited to comments posted on message boards, are strictly the responsibility of the third party who added such Material or made it accessible. While we reserve the right at any time to review Material posted to the Site by third-parties, and to remove at our sole discretion Material for any reason with or without cause, we (i) do not undertake to control, monitor, edit, or assume responsibility for any such third-party Material; (ii) do not endorse, validate, or recommend it; (iii) are not responsible for any infringing, defamatory, obscene, or other unlawful nature of it; (iv) are not responsible for any failure or delay in removing it.
C) Linked Websites: Both FAIRNESS.COM and third parties may, for your convenience, provide references or links on the Site to other Internet websites or resources not under FAIRNESS.COM's control. You acknowledge and agree that FAIRNESS.COM does not investigate, monitor, or check the accuracy, integrity, quality, safety, or completeness of such websites and resources, is not responsible for the availability of these outside websites or resources, and neither endorses nor is responsible for any content, opinions, advertising, goods, services, or other material on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, any advertisers or other third parties found on or through the Site, including payment and delivery of related goods or services, and other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You acknowledge and agree that FAIRNESS.COM will not be responsible or liable, directly or indirectly, for any loss or damage of any sort, whether or not FAIRNESS.COM has been advised of the possibility of, or reasonably could have foreseen, such loss or damage, caused or alleged to have been caused by or resulting from (i) any such dealings, or (ii) as the result of the presence of such third parties on the Site, or (iii) use of or reliance on any such content, advertising, goods, services, or other material on or available from any such third party websites or resources.
Given the global scope of the World Wide Web, FAIRNESS.COM makes no representations or warranties that Material is legal, applicable, or appropriate for any or certain persons accessing the Material from locations, whether inside or outside the United States, where the Material may be illegal and/or prohibited. Those who choose to access this Site do so on their own initiative and are responsible for compliance with all applicable local laws, including but not limited to laws regarding the export of personal, encryption, or technical information. You specifically agree to comply with all United States and local applicable laws regarding the transmission of technical data and technologies exported from the United States to locations in which you reside or from which you access the Site.
THIS SITE AND ITS CONTENTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND ALL RISK ARISING FROM USE OF THEIR USE IS BORNE BY YOU. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED (WHETHER ARISING UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY OTHER COUNTRY), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES WITH RESPECT TO ANY INFORMATION CONTAINED ON, ACCESSIBLE THROUGH, OR DERIVED BY YOU FROM THIS SITE AND WITH RESPECT TO ANY PRODUCTS OR SERVICES OBTAINED BY YOU FROM OR THROUGH THIS SITE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE DISCLAIM THAT THE SITE AND ITS CONTENTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, AND WE LIKEWISE DISCLAIM ANY AND ALL LIABILITY TO YOU ARISING OUT OF INTERRUPTION OR DAMAGE TO YOUR COMPUTER SYSTEM OR SOFTWARE AS THE RESULT OF ACCESSING OR OTHERWISE USING THIS SITE. WE NEITHER WARRANT NOR REPRESENT THAT THE SITE AND ITS CONTENT AND SERVICES, OR INFORMATION AVAILABLE THROUGH THIS SITE, WILL ENABLE YOU TO ACHIEVE ANY PARTICULAR RESULT OR OUTCOME (LEGAL, ECONOMIC, EDUCATIONAL, OR OTHERWISE) OR MEET ANY OF YOUR REQUIREMENTS.
FAIRNESS.COM WILL NOT UNDER ANY CIRCUMSTANCES, AND UNDER ANY LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, BE LIABLE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY DIRECT, PUNITIVE, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, ECONOMIC, COVER, RELIANCE, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUES, LOST PROFITS, COSTS, GOODWILL, USE OR LOSS OF DATA OR PROGRAMS, OR OTHER INTANGIBLE LOSSES, EVEN IF FAIRNESS.COM HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE, OR INABILITY TO USE, THIS SITE OR WEBSITES LINKED TO THIS SITE. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS AND DISCLAIMERS IS INEFFECTIVE, YOU ACKNOWLEDGE AND AGREE THAT OUR MAXIMUM LIABILITY TO YOU WILL BE THE TOTAL OF THE FEES THAT YOU HAVE PAID TO US IN CONNECTION WITH YOUR ACCESS TO THIS SITE AND/OR FOR PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM US THROUGH THIS SITE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FAIRNESS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE THESE DISCLAIMERS AND LIMITATIONS OF WARRANTIES WILL SURVIVE ANY TERMINATION OF THE AGREEMENT.
6. Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, repeated copyright infringers will have their accounts terminated and their passwords disabled. Notifications of claims of copyright infringement, which must comply fully with DMCA requirements for such notifications, should be sent to:
Daniel A. Doernberg
3105 Edgewater Drive
Charlottesville, VA 22911
7. Your Permission to Post to the Site
You may be given privileges to post Material to the Site if, subject to the terms of this Agreement, you agree to the following provisions:
A) Registration with the SiteUse of our Site is available only to individuals or entities who can form legally binding contracts under applicable law, and is not available to others, including without limitation minors or temporarily or indefinitely suspended registered users. If you do not qualify, please do not use our Site.
You represent and warrant that you have read, understood, and agree to the Agreement, and that you have not now and will not (i) provide inaccurate identifying information, such as your name and email address, during the registration process; (ii) establish more than one account; (iii) fail to update your registration information if it changes; (iv) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to your selection of a User Name, in a manner that is likely to mislead others about your identity or that infringes a third party's intellectual property rights.
As part of the registration process, you must select a password. Under no circumstances may you permit any other person or entity to use your password or account for the purpose of accessing the Site. You are fully responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password or account. You agree to notify FAIRNESS.COM immediately if you become aware of or suspect any unauthorized use of your password or account or learn of FAIRNESS.COM security breaches of any kind.
B) Rules of Conduct for Posting and Communication
You are solely responsible for any content you post or attempt to post to the Site or email or otherwise electronically communicate to FAIRNESS.COM's publisher, staff, or its agents (the "Communications"). You agree not to upload, post, email, or otherwise transmit to the Site or FAIRNESS.COM, or otherwise publish in any way identified with the Site or FAIRNESS.COM, any Communications that:
- contain information you know or have reason to suspect to be false, inaccurate, or misleading;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any statute, ordinance, or regulation having the force of law;
- are harassing, threatening, abusive, hateful, degrading, or intimidating to any individual or individuals;
- are harassing, threatening, abusive, hateful, degrading, or intimidating to any group on the basis of race, religion, gender, age, sexual orientation, ethnicity, or disability;
- are vulgar, obscene, indecent, pornographic, or otherwise sexually explicit or abusive;
- infringe the patent, copyright, trademark, trade secret, trade dress, or any other intellectual property rights of any person or entity;
- defame any person or entity, or otherwise invade their rights (such as but not limited to privacy and publicity), or cause any form of injury to any person or entity;
- are fraudulent, deceptive, or tortious;
- constitute any form of gaming or lottery;
- contain software viruses, Trojan horses, worms, time bombs, or other computer programming routines, files, or programs that are intended to (i) disrupt, damage, or modify the functioning of any software, hardware, network, or telecommunications or related equipment, or to (ii) damage or permit unauthorized access to any system function, data, or other information;
- alter file or message identification data so as to disguise the origin, destination, creation date, author, or other such information of the Communication;
- post content in fields that aren't intended for that content;
- cause unsolicited or unauthorized advertising or promotional materials ("junk mail" or "spam"), or any bulk transmission of the same or substantially similar unsolicited communications (including without limitation chain letters, pyramid schemes, and the like), whether commercial or not, to be uploaded to or transmitted through the Site;
- contain information that you do not have a right to disclose or make available due to legal, fiduciary, or contractual prohibitions (such as but not limited to insider information, or proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
- explicitly advertise or solicit the sale of goods or services (other than FAIRNESS.COM's goods or services) or that are essentially advertising, promotions, or solicitations without the prior express written permission of FAIRNESS.COM; and/or
- impersonate any person or entity.
C) FAIRNESS.COM's rights to Review, Edit, Limit, or Terminate Postings
You acknowledge and agree that FAIRNESS.COM does not monitor nor investigate Communications before they are posted to the Site, and that FAIRNESS.COM reserves the right, but has no obligation, to review Communications appearing on, or submitted to, the Site, and has no obligation to review Communications appearing on or submitted to the Site for accuracy, integrity, quality, safety, or completeness, and that FAIRNESS.COM neither endorses nor is responsible for them. FAIRNESS.COM reserves the right at its sole discretion at any time to take with or without notice one or more of the following or similar actions: (i) to edit, modify, or delete Communications, and/or (ii) to restrict, suspend, or terminate your permission to Post to the Site. Reasons FAIRNESS.COM might take such actions include, but are not limited to, cases where FAIRNESS.COM has reasonable grounds to believe that the registration information you have provided us is inaccurate, incomplete, and/or cannot be readily verified by us, or that you have not logged into your account for more than 6 months, or that you have posted or attempted to post to the Site Communications that:
- would constitute a breach or threatened breach by you of any term of this Agreement;
- are contrary to a FAIRNESS.COM policy;
- violate the Rules of Conduct for Posting; and/or
- could be harmful to one or more users of our Site or to our business interests;
If we terminate your account, your permission to use the Material automatically terminates and you agree to immediately destroy any copies you have made of the Material. FAIRNESS.COM may delete or deactivate your account and may at its sole option delete, bar your access to, or retain some or all of (i) the files, data, and related information that pertaining to or were stored under the account, and (ii) some or all of your previously posted Communications. You acknowledge and agree that FAIRNESS.COM will not be liable to you or any third party for any such restriction, suspension, or termination of access to your account, or for its retention or deletion of Communications, files, data, or any other information related to your account.
D) Grant of Rights to FAIRNESS.COM
You retain your copyright in and non-exclusive ownership rights to your Communications. However, by transmitting any Communications you grant to FAIRNESS.COM a non-exclusive, perpetual, worldwide, irrevocable, unrestricted, and royalty-free license to edit, modify, translate, display, transmit, publish, distribute, sublicense through one or multiple tiers, include or package as part of a collective work, use in the creation of a derivative work or incorporate into other works, and otherwise make use of such Communications, including at FAIRNESS.COM's option the fact of your authorship or submission of the Communications, for any and all purposes in any and all languages, forms, formats, and media now or hereafter invented (including, without limitation, the right to allow Site users and other parties to make all uses of the Communications that Agreement permits for Material).
E) Communications to FAIRNESS.COM
You acknowledge and agree that Communications are not confidential or privileged and are posted to the Site or otherwise communicated to FAIRNESS.COM.at your own risk. FAIRNESS.COM will bear no responsibility or liability for any disclosure or improper handling of Communications or for failure to delete, store, transmit, or otherwise handle Communications. Through your Communications you may also provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to FAIRNESS.COM. The communication of such information to FAIRNESS.COM shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by FAIRNESS.COM for any purpose whatever. FAIRNESS.COM shall be free to reproduce, use, disclose and distribute such information to others without restriction, and you shall have no recourse against FAIRNESS.COM for alleged infringement or misappropriation in connection with any information or materials submitted to FAIRNESS.COM hereunder.
Upon a request by FAIRNESS.COM, you agree to indemnify, defend (at FAIRNESS.COM's option), and hold harmless FAIRNESS.COM, its Manager, successors, licensees, LLC members, heirs, assigns, agents, employees, contractors, volunteers, attorneys, and representatives against any claims, liabilities, demands, suits, losses, costs, expenses (including, without limitation, reasonable attorneys' fees), damages or recoveries (including, without limitation, any amounts paid in settlement) suffered, made, incurred, or assumed by FAIRNESS.COM, its successors, licensees, heirs, assigns, agents, employees, attorneys, and representatives by reason of the misuse of the Site or breach of any warranty, undertaking, representation, any agreement including this Agreement, or certification made or entered into herein or hereunder by you. FAIRNESS.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FAIRNESS.COM in asserting any available defenses.
10. Survival upon Termination
You acknowledge and agree that the above provisions governing Indemnification, Grant of Rights to Fairness.com, Disclosure to Third Parties, and Handling of Communications by Fairness.com will survive any termination of this Agreement.
11. Choice of Law, Agreement to Personal Jurisdiction,Venue and Time Limitation
This Agreement will be governed by, construed under, and deemed to be executed under Seal in accordance with the laws of the Commonwealth of Virginia (excluding its choice of law rules) applicable to agreements signed and performed entirely within the Commonwealth. You hereby consent to the personal jurisdiction over you and the venue of the state and federal courts of Albemarle County, Virginia, or other courts in Virginia selected by FAIRNESS.COM in its sole discretion, for any actions or disputes arising out of or relating to this Agreement or your use of the Site and waive any objection based on inconvenient forum. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises and agree that a cause of action filed after this date is barred.
12. General Provisions
This Agreement, including any documents incorporated herein by reference, constitutes the entire agreement between you and FAIRNESS.COM with respect to the Site and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. If any provision of this Agreement, or the application thereof to any person or circumstance, is held invalid for any reason, including but not limited to the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. FAIRNESS.COM's rights under this Agreement may not be waived unless AC agrees to such change in writing.
FAIRNESS.COM will be excused from performance of its obligations under this Agreement to the extent that performance of such obligations is prevented by an act of God, war, riot or severe civil disorder, fire, earthquake, flood, labor strike or stoppage, law or other governmental requirement, or any other cause beyond FAIRNESS.COM's reasonable control.
Paragraph and section headings are provided only for convenience; they are not part of this Agreement, and such headings will have no bearing whatsoever on the terms of this Agreement.
This Agreement does not create a joint venture, agency, or partnership between the parties. This Agreement shall be transferable by FAIRNESS.COM.
BY CLICKING ON THE "I Accept the Agreement" BUTTON, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
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