Fighting For Fairness Inc. Terms of Use

These Terms of Use, as may be amended from time to time in accordance with Section ‎‎8 below, are entered into by and between you and Fighting For Fairness, Inc. (“we,” “us” or “our”) and set forth the terms and conditions (collectively, “Terms”) that apply to your access and use of our website, located at https://fightingforfairness.org and our branded pages on social media services, (collectively, the “Site”).  We may at times ask you to review and accept supplemental terms that apply to your interaction with a specific service.

By using or accessing the Site you agree to these Terms, as may be updated from time to time in accordance with Section ‎7 below. If you do not want to agree to these Terms, you must not access or use the Site.

THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND US MUST BE RESOLVED IN SMALL CLAIMS COURT OR IN AN ARBITRATION, PURSUANT TO THE DISPUTE RESOLUTION CLAUSE SET FORTH IN SECTION 14.

1.            Acceptance.  To use the Site you must (i) be at least eighteen (18) years of age, or, if you are under 18 years of age but are at least 13 years old, you must use the Site with the consent of your parent or legal guardian and (ii) use the Site in compliance with any and all applicable laws and regulations.  
2.            Prohibited Conduct.  By accessing and using the Site, you agree not to: 
   1. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
   2. Violate or encourage others to violate our rights or the rights of third parties, including intellectual property rights;
   3. Interfere in any way with security-related features of the Site;
   4. Interfere with the operation or any other user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
   5. Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission or as expressly permitted hereunder; or
   6. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, or falsifying your identity or any information about you, including age, date of birth or financial/economic status.
3.            Third Party Content and Links to Third Party Websites.  The Site may contain links to third party websites and services.  We provide such links as a convenience, and do not operate, control, endorse or guarantee these websites and services.  You acknowledge and agree that we have not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and are not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any such third party websites or services. When you access any such third party websites or services through a hyperlink posted on the Site, please carefully read the terms and conditions of use, privacy policy and other policies of such third party websites or services as these Terms do not apply to such use.  
4.            Intellectual Property.  This Site and its entire contents and features (including all information, software, text, images, video, audio and the design, and the collection and arrangement of any of the foregoing) are owned by us, our licensors, or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, trade secret and other intellectual property laws.  No materials from the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed or performed, downloaded, transmitted, or distributed in any way without our express permission, except as may be required for you to access and view the Site. 

You may not access or use this Site for any commercial purposes or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.  Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.  We intend to vigorously enforce our rights, including our intellectual property rights.  You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to us through this Site. 

Our name, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. 

5.            Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.
6.            Privacy and Security. Our privacy and security practices are governed by our privacy notice at https://www.fightingforfairness.org/privacypolicy, as may be updated from time to time, (collectively, the “Privacy Notice”) which is incorporated by reference in these Terms.  Without limiting the terms of the Privacy Notice, you agree that we are entitled to monitor your use of the Site for the purpose of enforcing the prohibited conduct set forth in Section ‎2 and to maintain the privacy and security of the Site.
7.         Termination.  If you violate these Terms, your permission to use our Site will automatically terminate.  In addition, we, in our sole discretion, may suspend or terminate some or all of your access to the Site at any time, with or without notice to you.  The following provisions shall survive any termination of these terms: Section 4 (Intellectual Property), this Section 7 (Termination), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 12 (Governing Law), Section 14 (Dispute Resolution) and Section 16 (Miscellaneous).  
8.            Modification of the Terms.  We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of our Site.  Such modifications and additional terms and conditions will be effective immediately upon their posting on the Site.  We will make reasonable efforts to notify you of any material changes to the Terms, including by providing a notice to our Site or by sending an email to any address you may have provided to us.  Notwithstanding the foregoing, your continued use of the Site after any modifications to the Terms or new or additional terms or conditions are posted will be deemed acceptance of any such modifications or new or additional terms or conditions.
9.            Disclaimers of Warranties.  OUR SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.  Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies.  YOUR USE OF THE SITE IS AT YOUR OWN RISK.  We specifically (but without limitation) disclaim (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade.  You assume all risk for any damages that may result from your use of or access to our Site.  We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through our Site.  
10.           Limitation of Liability.  IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY OR BASED IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances.  Accordingly, some of the above limitations or the disclaimer of warranties in Section ‎‎9 may not apply to you. 
11.           Indemnification.  You agree that you will be personally responsible for your use of our Site, and you agree to defend, indemnify, and hold us, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to or use of our Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. 
12.           Governing Law.  These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.  Subject to Section ‎‎14 which provides that disputes are to be resolved in small claims court or arbitration, to the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Delaware, for the purpose of litigating all such disputes. 
13.           Geographic Restrictions.  We provide this Site for use only by persons located in the United States.  We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14.           Dispute Resolution.  In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree to resolve any controversy or claim arising out of or relating to this contract, or the breach thereof in small claims court if a claim is within such court’s jurisdiction, provided that such action may not be transferred, removed or appealed to a different court.  

If a claim is not within the small claims court’s jurisdiction, any controversy or claim arising shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.  The tribunal will consist of one arbitrator.  The place of arbitration will be in the State of Delaware, United States of America.  The language used in the arbitral proceedings will be English.  The award rendered by the arbitrator shall be final and binding on the parties. The judgment may be entered upon the arbitration award in accordance with applicable law in any court having jurisdiction thereof.  The Parties acknowledge that these Terms evidence a transaction involving interstate commerce.  Notwithstanding any provision in these Terms to the contrary with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the United States of America Federal Arbitration Act (presently 9 U.S.C. Secs. 1-16).  Except for obtaining a judgment before a small claims court pursuant to the previous paragraph, or a judgement upon the award rendered by the arbitrator, this arbitration clause waives the parties’ right to seek relief in court.  This Section 14 shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Notwithstanding any of the above, you agree that either party may seek injunctive or other equitable relief in any state or federal court having jurisdiction to grant such relief in the event of actual or threatened infringement or misappropriation of intellectual property rights. You hereby expressly waive a trial by jury. You hereby agree not to participate in a class action for any claims covered by these Terms.

15.           Modification of the Site.  We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you.  You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
16.           General.  
    1. Entire Agreement.  These Terms, together with the Privacy Notice, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Site.
    2. No Waiver.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 
    3. Paragraph Headers.  Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. 
    4. Severability.  In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.