Updated On: May 28, 2019
FEDERATION OF AGENTS AND INTERNATIONAL REPRESENTATIVES (“FAIR”) WEBSITE AND ELECTRONIC COMMUNICATIONS TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SITE.
FAIR may utilize text messaging and email communications for a variety of related offerings and services, which are referred to in these Terms and Conditions of Use as the “Electronic Communications.”
The following are the terms and conditions of use for access to this web site and use of the Products. By accessing this web site or by accessing the FAIR services via any interface, you accept these Terms and Conditions of Use.
1. Copyright and Trademark Information
Copyright © 2019 FAIR, Inc. All Rights Reserved.
This web site, and the information and images which it contains, are the property of FAIR and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
2. Copyright Infringement Notification
Any person that knowingly and materially misrepresents that any material or activity is infringing, or knowingly misrepresents that any material or activity was moved or disabled by mistake, may be subject to liability for damages. You must evaluate whether the material makes fair use of the copyright. FAIR reserves the right to review the allegedly infringing material and independently determine whether it is infringing.
The information provided in your legal notice may be forwarded to the person who provided the allegedly infringing content, and in the case of a counter-notification, the person who submitted the original claim of copyright infringement.
After we sent the counter-notification, the claimant will have 10 business days in which to notify us that they have filed an action seeking a court order to restrain the user from engaging in infringing activity related to the material on the FAIR website. If we do not receive such notification, generally we will reinstate the material.
Repeat infringers may be terminated.
3. Usage & User Conduct
FAIR provides its Electronic Communications service solely as a communication tool to collect user email and mobile numbers and to create, launch and manage Electronic Communications services. FAIR will not use Electronic Communications as a method for distributing any information for any commercial or other purpose not related to this site, including but not limited to, Nominations or Elections of Officers for any candidate or as a means of legally required notification to any portion of the FAIR membership or any other organization. FAIR will not use Electronic Communications as a method for calculating voting for any official FAIR business.
FAIR grants you a limited license to access and make use only of the site and related products. By accessing this website or by accessing the FAIR services via any interface, you agree to be bound by all of the Terms and Conditions herein. As a self-service application, you alone understand, acknowledge and agree, that:
a) You must complete the registration information form on the FAIR sign up page in order to receive or send Electronic Communications.
b) You are responsible for the contents of your messages.
FAIR has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FAIR of the site. Use of any such linked website is at the user's own risk.
You agree to indemnify, defend and hold harmless FAIR and their respective officers, directors, owners, agents, information providers and licensors (collectively “FAIR Parties”) from and against any claims, liability, losses, costs and expenses (including but not limited to attorneys’ fees) incurred by any FAIR Parties in connection with any use or alleged use of this website under your password by any person, whether or not authorized by you, or any other violation of this Agreement by you. FAIR reserves the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with FAIR in the defense of such claims.
FAIR makes no representations or warranties with respect to this website or its contents, which are provided for use “as is” and “as available.” FAIR disclaims all warranties, express or implied, including without limitation the implied warranties of title, merchantability and fitness for a particular purpose, with respect to this website, any website with which it is linked and any products or services sold through or recommended by this website. FAIR does not warrant the functions, information or links contained on this website or that its contents will meet your requirements, that this website, or its contents, are fit for any particular purpose or that the operation of this website or its contents, will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses, worms, trojan horses, cancelbots or other harmful components. You (and not FAIR) assume the entire cost of all necessary servicing, repair or correction resulting from use of this website. FAIR does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. You expressly agree that the entire risk as to the quality and performance of this website and the accuracy or completeness of the content is assumed solely by you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Any reliance upon any advice, opinion, statement or other information displayed or distributed through the site, or by FAIR agents or employees, is at your sole risk. FAIR reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the site or to deny access to the site to anyone at anytime. Neither FAIR nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
FAIR reserves the right to change any and all content contained on this site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FAIR.
YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on–or–through the Site or on the Internet generally.
Neither FAIR nor any of its affiliates shall have any liability to you for usage charges related to any device that you use to access the site or use of FAIR’s services, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones, Bluetooth and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
This website is controlled and operated by FAIR from its offices in Roseville, California, United States of America. FAIR makes no representation that materials on this website are appropriate or available for use outside the United States of America. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Agreement shall be governed by the laws of the State of California, USA without regard to its choice or law or conflict of laws provisions.
8. Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall FAIR or any of its underlying service providers, business partners, information providers, account providers, licensors, officers, directors, employees, distributors or agents (collectively referred to for purposes of this section as FAIR) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, including, but not limited to loss of data or profit, arising out of the use, or the inability to use, the FAIR products or materials on this site, even if FAIR shall have been informed of the possibility of such damages, or for any claim by any other party. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
- FAIR does not sell or rent user information under any circumstances, and we do not share information without prior consent except as compelled by law.
- The website may log standard technical information, such as the numerical Internet Protocol (IP) address of the computer you are using; the browser software you use and your operating system; and the Internet address of the website from which you followed a link to our site. Our third-party service provider may also place cookies on your computer to store information, such as technical information and account login information.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We may disclose personally identifiable information about you to third parties in limited circumstances, including 1) with your consent, 2) when we have a good faith belief that such disclosure is required by law, including in response to a subpoena or other judicial or administrative order. If we are required to disclose such information, we will attempt to provide you with notice unless we are prohibited from doing so.
We are committed to ensuring that your personal information is protected and maintained.
10.1 If any provision or part of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.2 FAIR and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. Electronic Communications shall in no way be deemed to constitute legal notice to FAIR or any of its officers, members, employees, agents or representatives, with respect to any existing or potential claim or cause of action against FAIR or any of its agencies, officers, employees, agents or representatives, where notice to FAIR is required by contract, or any federal, state or local laws, rules or regulations.
This Agreement shall be construed and enforced in accordance with the laws of California and each party agrees to be subject to those relevant laws. Any dispute arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10.3 No agency, partnership, joint venture, third-party beneficiary status, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind FAIR in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.