FAIR INSTITUTE
TERMS OF USE
The goods and/or Content offered on this website are provided by FAIR Institute Inc. ("FAIR Institute"), located at 850 E. Spokane Falls Blvd., Suite 270, Spokane, WA 99202, United States. The goods and/or Content that FAIR Institute provides to you are subject to the following Terms of Use. You represent to FAIR Institute that you are not a person barred from receiving Content from FAIR Institute under the laws of the United States or other applicable jurisdictions. FAIR Institute reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
Through the website, www.fairinstitute.org, FAIR Institute provides you with online information about various products and/or Content offered by FAIR Institute (collectively, "Content"). The Content, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the Terms of Use. Because of the nature of electronic transmissions, you acknowledge that access to or use of the Content may result in interstate data transmission. You also acknowledge that, because of the worldwide nature of the Internet, information may be transferred to countries outside of the country you are in. Such information transfers may be subject to the export and import laws of the United States and other countries. You agree to comply with these export and import laws.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Content is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Content. You also acknowledge that the Content available at www.fairinstitute.org may be covered by certain U.S. or foreign patent rights, and so you agree not to make, use, sell, or offer for sale any of the Content on www.fairinstitute.org.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Policy disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the www.fairinstitute.org website ("Software") is the copyrighted work of FAIR Institute and/or its suppliers. The Software is made available to you for use and/or download solely for your own use according to these Terms of Use and any other terms that apply. Any reproduction or redistribution of the Software not in accordance with these Terms of Use or other terms to which you have agreed is expressly prohibited by law, and may result in severe civil and criminal penalties. Violations will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
FAIR INSTITUTE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS OTHERWISE EXPRESSLY AGREED TO BY FAIR INSTITUTE IN A SEPARATE, ENFORCEABLE AGREEMENT.
FOR YOUR CONVENIENCE, FAIR INSTITUTE MAY MAKE AVAILABLE AS PART OF THE CONTENT, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. FAIR INSTITUTE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF FAIR INSTITUTE AND OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEBSITE.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use articles and/or documents from the Content is granted only to you, provided that use of such articles and/or documents from the Content is for informational and non-commercial or personal use only and will be not copied or posted on any network computer or broadcast in any media, and no modifications of any articles and/or documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Elements of FAIR Institute' website may be protected by trade dress, trademark, unfair competition, copyright, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any FAIR Institute website may be copied or retransmitted without express written permission of FAIR Institute.
FAIR INSTITUTE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE WWW.FAIRINSTITUTE.ORG WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL FAIR INSTITUTE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE WWW.FAIRINSTITUTE.ORG WEBSITE.
THE ARTICLES AND/OR DOCUMENTS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FAIR INSTITUTE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Content requires you to open an account, you may be given a username and password, or you may be prompted to create a username and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify FAIR Institute immediately of any unauthorized use of your account or any other breach of security. FAIR Institute will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by FAIR Institute or another party due to someone else using your account or password. You may not use anyone else's account at any time.
FAIR Institute' websites are designed to only allow access to information by those individuals and entities who are registered members and/or to those individuals and entities that have been given express written permission to access certain information. Never provide your account information or login information to anyone. FAIR Institute shall not be liable for any unauthorized access or any authorized access that does not comply with these Terms of Use and any other terms to which you have agreed.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Content, you will not use the Content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Content in any manner that could damage, disable, overburden, or impair any FAIR Institute server, or the network(s) connected to any FAIR Institute server, or interfere with any other party's use and enjoyment of any Content. You may not attempt to gain unauthorized access to any Content, other accounts, computer systems or networks connected to any FAIR Institute server or to any of the Content through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through FAIR Institute’ websites.
The Content may contain e-mail Content, bulletin board Content, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others ("Communication Service"). You agree to use the Communication Service only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Service, you will not:
FAIR Institute has no obligation to monitor the Communication Service. However, FAIR Institute reserves the right to review materials posted to the Communication Service and to remove any materials in its sole discretion. FAIR Institute reserves the right to terminate your access to any or all of the Communication Service at any time, without notice, for any reason whatsoever.
FAIR Institute reserves the right at all times to disclose any information as FAIR Institute deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FAIR Institute's sole discretion.
Always use caution when giving out any personally identifiable information about yourself in any Communication Service. FAIR Institute does not control or endorse the content, message or information found in any Communication Service and, therefore, FAIR Institute specifically disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FAIR Institute spokespersons, and their views do not necessarily reflect those of FAIR Institute.
Materials uploaded to the website may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
In connection with your use of the Content, FAIR Institute may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Additionally, FAIR Institute may send you alerts and other marketing that may be beneficial to you and your family. You may opt out of some of those communications as well.
MATERIALS PROVIDED TO FAIR INSTITUTE OR POSTED AT ANY FAIR INSTITUTE WEBSITE
By posting, uploading, inputting, providing or submitting ("Posting") any material on FAIR Institute’ website, you are granting FAIR Institute, its affiliated companies and sublicensees permission to use that material in connection with the operation of FAIR Institute’ businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works of, translate and reformat the material; to publicize your name in connection with the submitted material; and the right to sublicense such rights to any supplier of the Content.
No compensation will be paid with respect to the use of the material you submit, as provided herein. FAIR Institute is under no obligation to post or use any such material and FAIR Institute may remove any material at any time in its sole discretion. By Posting material you warrant and represent that you own or otherwise control all of the rights to that material as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the material.
In addition to the warranty and representation set forth above, by Posting any material that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting permission to use your Images in connection with the use, as permitted by these Terms of Use, of any Content, and including, without limitation, a non-exclusive, worldwide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Content. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Content, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
If you believe there has been a violation of the copyright laws, we will respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from FAIR Institute, unless you are expressly permitted to do so under an open source license or we give you express written permission.
Your continued use of www.fairinstitute.org website following any changes to our terms constitutes your acceptance of our amended terms.
LINKS TO THIRD PARTY SITES
Any links to third party websites are not under the control of FAIR Institute and FAIR Institute is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. FAIR Institute is not responsible for webcasting or any other form of transmission received from any linked site. FAIR Institute is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FAIR Institute of the site.
UNSOLICITED IDEA SUBMISSION POLICY
FAIR Institute and/or any of its employees does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when FAIR Institute' products or marketing strategies might seem similar to ideas submitted to FAIR Institute. So, please do not send your unsolicited ideas to FAIR Institute or anyone at FAIR Institute. If, despite our request that you not send us your ideas and materials, you still send them, please understand that FAIR Institute makes no assurances that your ideas and materials will be treated as confidential or proprietary.
You agree to resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to FAIR Institute, www.fairinstitute.org, or these Terms of Use exclusively in a state or federal court located in Spokane County, Washington. The laws of the State of Washington will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Spokane County, Washington for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on www.fairinstitute.org, you agree to, defend, indemnify, and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on www.fairinstitute.org and are not responsible for the content or information users transmit or share on www.fairinstitute.org. We are not responsible for the conduct, whether online or offline, of any user of www.fairinstitute.org.
PROVISIONS FOR USERS OUTSIDE THE UNITED STATES
The following provisions apply to users and non-users who interact with FAIR Institute outside the United States:
MISCELLANEOUS
You agree that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to use of the Content or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.