Terms of Use and Member Rules

Failure to abide by Terms of Use and Member Rules can result in immediate termination of membership.

TERMS OF USE

Please read these terms of use before using the web pages of Fair360 LLC. These pages, found at www.Fair360.com, together with the underlying source HTML files that implement the hypertext features, are hereinafter referred to as this “Site.” By using this Site, you are agreeing to the following terms.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS SITE.

1. USE OF MATERIALS

a. The contents of this site, including, but not limited to, text, graphics and icons, are copyrighted materials (“Contents”) owned or controlled by Fair360 LLC, related entities and affiliates, or entities which have granted certain rights to Fair360 LLC. The Contents may also contain Fair360 LLC’s or such other entity’s name, trademarks, service marks, and trade names, as well as product designs covered by United States and foreign design patents. You are hereby granted a nonexclusive, nontransferable, limited license to view, download, and print portions of the Site and the Contents of the Site, for you personal use in learning about the topic discussed at the Site, in evaluating or acquiring Fair360 LLC’s services or products, or in learning about and evaluating other services and products described at the Site. You must faithfully reproduce any and all copyright notices which are provided by Fair360 LLC, and may not obscure copyright or other notices.

b. Except as specifically provided herein, Fair360 LLC does not grant permission to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Site or the Contents.

c. Without first obtaining Fair360 LLC’s express written consent, you may not use (a) Fair360 LLC’s icons to hyperlink other websites with this site, or (b) Fair360 LLC’s name, trademarks, trade names, service marks, or any patented designs for any reason. If you wish to take any of these actions, please email cjohnson@Fair360.com. If permission to hyperlink is granted, you may not remove or obscure (by framing or otherwise) any copyright notices, advertisements, or other information on this Site.

d. Use, duplication or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)1(ii) and FAR 52.227-19.

2. MEMBER RULES

a. All members will treat all other members with courtesy and respect when posting messages to the discussion groups. No name calling or abuse toward any member is allowed.
b. No profanity shall be posted in messages to the discussion group. Members who post messages with profanity or obscenity will have their membership terminated.

c. No sharing of member logins, passwords, or usernames. Our system is designed to detect this immediately, and we shall suspend any account where more than one person signs on using the same username or password.

d. No reprinting, republishing, reposting, or redistribution of information, images, etc., presented on this site, to any other site. Doing so is violation of our copyright.

e. No using the Site to collect market research for a competing business.

f. No circumventing, removing, or deactivating any of the content protections.

g. Members will comply with all applicable laws and will not use the Site for any unlawful purpose.

Failure to abide by these rules can result in immediate termination of membership without refund.

3. THIRD PARTY LINKS

Fair360 LLC, assumes no responsibility for material created or published by third parties, including, but not limited to, materials on websites which are linked to the Site.

4. SUBMISSIONS

a. All information submitted to Fair360 LLC, via this Site, or via postal or email submission, shall be and shall remain the property of Fair360 LLC. Fair360 LLC, reserves the right to review all content and remove material which is objectionable to Fair360 LLC, in its sole and absolute discretion. You waive all editorial and moral rights to any submissions you make to Fair360 LLC, regardless of format.

Fair360 LLC, shall not be subject to any obligations of confidentiality regarding submitted information, with the sole exception of personal site registration information as submitted through registration forms. Regarding said site registration information, Fair360 LLC, shall not purposefully disseminate said information to third persons, without the consent of the registrant, and Fair360 LLC, shall take reasonable precautions to ensure the privacy of said information.

b. You warrant that all information submitted by you is fit for publication, and is not libelous, defamatory, or pornographic.

c. You agree to indemnify Fair360 LLC, if any third party takes action against Fair360 LLC, as it pertains to any material you submit, regardless of form.

d. You agree not to take action against Fair360 LLC, in relation to any material you submit.

e. By submitting information, you warrant that Fair360 LLC, may publish the information, and/or incorporate it or any concepts described in such information, without liability to you or any other or entity.

5. DISCUSSION FORUMS

If you participate in any chat rooms, bulletin boards, or other forum within the Site, you agree to not:

a. defame, abuse, harass, or threaten others; b. make any bigoted, hateful or racially offensive statements; c. advocate illegal activity or discuss illegal activities with the intent to commit them; d. post or distribute any material that infringes and/or violates any right of a third party or any law; e. post or distribute any vulgar, obscene, discourteous or indecent language or images; f. advertise or sell to, or solicit others; g. post or distribute any software or other materials which contain a virus or other harmful component; or h. post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

Fair360 LLC, reserves the right to remove or edit messages or materials submitted by you for any reason or no reason. Fair360 LLC, is not responsible for material submitted to it or posted in chat rooms, on bulletin boards or on other forums by users of the site. By communicating with Fair360 LLC, or participating in any forum in the Site you grant Fair360 LLC, an irrevocable, transferable, and worldwide right to use, reproduce, publicly perform and display, distribute, sub-license, and sell any information, suggestions, ideas, drawings or concepts communicated to Fair360 LLC, for any purpose Fair360 LLC, chooses, commercial, public or otherwise, without any compensation or notice to you whatsoever.

6. DISCLAIMERS AND LIMITATION OF WARRANTIES

a. THE CONTENTS ARE PROVIDED “AS IS,” ON AN “AS AVAILABLE BASIS.” ALL WARRANTIES, EXPRESS AND IMPLIED, AND ALL INDEMNITIES OF ANY KIND,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
Fair360 LLC, AND ITS LICENSORS DO NOT WARRANT OR REPRESENT
THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE,
CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS AND/OR VIRUSES. YOU USE THE SITE AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF
CONTRACT, TORT OR NEGLIGENCE, WILL FAIR360 LLC, ANY RELATED
PARTIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT
ARISE OUT OF OR IN CONNECTION WITH ANY ERRORS, INACCURACIES,
OMISSIONS, DEFECTS, UNTIMELINESS OR UNAUTHENTICITY OF ANY CONTENT
IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL FAIR360 LLC’s, RELATED PARTIES’ AND
LICENSOR’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR
CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU TO FAIR360 LLC. FOR ACCESSING THIS SITE, IF ANY.

b. The foregoing limitation of liability includes, without limiting the generality of the foregoing, all damages suffered as a result of (1) errors and/or omissions, typographical errors and technical inaccuracies in or on the Site or on third party websites which are linked to the Site directly or indirectly; (2) the unavailability of this Site or any portion of the Site; (3) your use of this Site for any purpose whatsoever; or (4) any damages to personal property, including computer equipment and software, whether as a result of computer viruses or otherwise.

c. Fair360 LLC, makes no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access this Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

7. CAREER CENTER

Use of the career center is limited to the identified sponsor on this insertion order. Passwords may be shared within the sponsoring company to post jobs and view resumes for said sponsor. However, user ID and passwords may not be shared with third parties to access Fair360 LLC’s database and job posting software. Sponsoring company shall be responsible for the confidentiality and uses of the user ID(s) and password(s), whether or not authorized. Upon any violation of these terms, Fair360 LLC, reserves the right, to immediately terminate sponsor access to the career center, including but not limited to removing all postings. No Refunds nor partial refunds will be issued to terminated sponsors.

8. INDEMNIFICATION

You will indemnify, defend and hold Fair360 LLC, its affiliates, and each of their respective officers, owners, employees, agents, representatives, successors and assigns, harmless from and against any and all claims, losses, damages, judgments, liabilities, costs, and expenses (including attorneys’ fees and the costs of enforcing this provision and of pursuing any insurance providers) arising or resulting from or relating to, directly or indirectly: (i) any information or materials submitted by you to Fair360 LLC, including any use, disclosure or storage of the same by Fair360 LLC, in accordance with these Terms of Use, our Privacy Policy and/or our Data Security Policy and Procedures; (ii) your failure to comply with any applicable laws, rules or regulations, or any of your other obligations, covenants, representations and warranties set forth in these Terms of Use; or (iii) your access or use of the Fair360 site or platform, including without limitation, the submission of any information or materials to Fair360.

9. MISCELLANEOUS

a. Fair360 LLC, reserves the right to withdraw or limit access to the Site and revise the Contents and the services and products described in this Site, including these Terms of Use, at any time without notifying you specifically, even if such notice has been requested. Fair360 LLC, may amend or modify these Terms of Use or impose new conditions at any time upon inclusion of a notice on the Site indicating that this agreement has been updated. Any use of the site by you after such update shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
b. This Site may contain references to products or services which are not available in all locations.

c. These Conditions of Use shall be governed by and construed in accordance with the laws of the State of Florida, as applied to agreements made and solely performed in the State of Florida. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the State and U.S. Federal District Courts of the State of Florida. You expressly consent to such jurisdiction.

d. These Terms of Use represent all of the agreements between you and Fair360 LLC, regarding your use and access to the Site. If any provision of these Terms of Use is deemed unenforceable, unlawful, void, or against public policy, that provisions shall be deemed severed from the remainder of these Terms of Use, which shall remain valid and in full force and effect.

e. Fair360 LLC’s failure to act on a provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

10. COPYRIGHT POLICY

Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the safe harbor provisions of the DMCA. If you believe your copyrights are being infringed, please mail our registered agent a notice of infringement letter, complying with the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A) including:

a. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b. Identification of the copyrighted work(s) claimed to have been infringed.

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

d. Information reasonably sufficient to permit the service provider to contact the complaining party including an address, telephone number, and an electronic mail address.

e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

11. DISCLOSURE

Sponsorship of Fair360 LLC, includes editorial content. The content is at the discretion of the executive editor of Fair360 LLC. Sponsors do not have the right to participate in any aspect of the editorial process, including prepublication approval of stories. Sponsorship does not preclude Fair360 LLC, publishing any newsworthy stories that could be construed as negative to any sponsor.

Entire contents 2023 Fair360 LLC. All rights reserved.

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