FAIR PROPOSALS - GV
(A Bargaining System Offered and Administered by Fair Outcomes, Inc. )
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Terms of Use

I. Introduction

This statement is provided by Fair Outcomes, Inc. ("Fair Outcomes, Inc." or "we" or "us") and sets forth the Terms of Use for visitors to or users of our the "Fair Proposals" pages of our website ("our Site", or "this Site"). By visiting or using this Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use our Site.

There are three types of parties who use or visit our Site:

(A) Parties who have initiated an invitation via our Site with respect to a specific account (such a party being hereinafter referred to from time to time as a "First Party");

(B) Parties who have been invited to use our site with respect to a specific account, and who have been given a password by us for that purpose (such a party being hereinafter referred to from time to time as a "Second Party"); and

(C) Parties who are visiting the site to obtain general information (such a party being hereinafter referred to from time to time as a "Visitor").

First Parties and Second Parties are hereinafter from time to time collectively referred to as "Users."

II. Terms of Use that Apply to all Users and Visitors

A. Scope of Use

Our Site is directed towards parties who are seeking to make progress within the context of non-cooperative bargaining relationships, and we grant you a limited license to access the information appearing on the unrestricted, public pages of our Site. We encourage you to download any of the material descriptions, FAQs, other data, and text on our Site ("Content") for your informational, non-commercial use only so long as you also retain all copyright, trademark and other proprietary notices contained on such Content. Using any Content to submit or respond to invitations via our Site or to otherwise utilize our services does not constitute commercial use. You may not modify, display, distribute or replicate our Site or any portion thereof without our written permission. Any misuse or unauthorized use of our Site terminates the permission or license.

B. Privacy Policy

The privacy policy governing the policies and practices of Fair Outcomes, Inc. intended to protect Users and Visitors may be accessed by clicking here.

C. Information on Our Website

The information made available to Users and Visitors on the unrestricted, public pages of our Site, including without limitation any FAQs, newsletters, technical bulletins, service information, legal forms, citations from literature, articles, analytical papers, and similar informational material, is provided as a courtesy to our Site's Users and Visitors and is intended for general, informational purposes only, and without warranty that it is relevant or appropriate to your specific factual situation. Such content on the site is subject to change without notice. Anyone obtaining materials from our Site is ultimately responsible for determining the relevance and appropriateness of that material with respect to any given factual situation.

D. Non-Provision of Legal Services

We do not provide legal advice or legal services to anyone, either with respect to their use of our Site, or with respect to any transaction that any User may be seeking to accomplish through the use of our Site. Nothing that appears on our Site or that is provided or obtained through or from our Site or from any of our employees constitutes legal advice. We are a corporate entity that provides the services of an escrow company. Thus, we cannot and do not, either via our Site or otherwise, dispense or provide legal advice or function as an attorney or legal advisor for anyone.

E. Restrictions on Use in Certain Jurisdictions

The information and services provided on our Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

F. Proprietary Rights

Unauthorized use of any Fair Outcomes, Inc. trademark, service mark or logo constitutes a violation of applicable trademark laws.

G. Links

Our Site may contain links to internet sites operated by other parties. The linked sites are not under the control of Fair Outcomes, Inc., and Fair Outcomes, Inc. is not responsible for the privacy practices or the content of other internet sites. Unless otherwise specified, the link does not imply any relationship, sponsorship, endorsement or affiliation with that site or its operators. We provide links to other internet sites as a convenience to Users and Visitors, and access to any other Internet sites linked to our Site is at your own risk.

H. Linking to our Site

Unless otherwise set forth in a written agreement between you and Fair Outcomes, Inc., you must adhere to the linking policy of Fair Outcomes, Inc. as follows: (i) any link to our Site must be a text only link clearly marked "Fair Outcomes, Inc.", (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of Fair Outcomes, Inc., (iii) the link must "point" to the URL www.fairoutcomes.com and not to other pages within our Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, or endorsed by, affiliated with, or associated with Fair Outcomes, Inc., (v) when selected by someone using your site, the link must display our Site on full-screen without any additions or modifications and not within a "frame" on the linking site, and (vi) Fair Outcomes, Inc. reserves the right to revoke its consent to the link at any time and in its sole discretion and without notice.

I. E-mail Submissions to Fair Outcomes, Inc.

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

J. Modifications

We may modify these Terms of Use at any time by posting the modified version on our Site and revising the "last updated" notice at the bottom of this web page. Modifications to these Terms of Use will automatically be effective two (2) days after they are initially posted on our Site. Please check these Terms of Use periodically for changes. Your continued use of our Site following the posting of any such changes constitutes acceptance of those changes.

K. Provisions relating to Viruses and Interruptions of Service

The content and material made available to Users and Visitors on or through links appearing on our Site is provided on an as is basis, without warranty that the content and material is free of viruses, and we do not warrant that any given use of this Site will be free of interruptions or technical difficulties. You are responsible for taking necessary precautions to ensure that your computer is protected from viruses and from similar harmful technical problems or difficulties. FAIR OUTCOMES, INC. SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM ANY USER OR VISITOR TO THIS SITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS, OR VIRUSES.

III. Additional Terms of Use that Apply to Users of our Site

A. Relationship between Fair Outcomes, Inc. and the First Party

Our relationship to a First Party using our Site with respect to a specific account, and the respective rights and obligations of Fair Outcomes, Inc. and that First Party with respect to that account, are governed and defined by (i) these Terms of Use, (ii) by our Privacy Policy, and (iii) by an Escrow Contract entered into between Fair Outcomes, Inc. and that First Party with respect to that specific account. A copy of that Escrow Contract may be obtained by the Second Party through the use of the password and user name that were generated by us for the Second Party's use with respect to that specific account. A sample Escrow Contract may be seen by going to our Learn More page and reviewing the pages that one can access by clicking on See a Sample.

B. Relationship between Fair Outcomes, Inc. and the Second Party

Our relationship to a Second Party using our Site with respect to a specific account, and the respective rights and obligations of Fair Outcomes, Inc. and that Second Party with respect to that account, are governed and defined (i) by these Terms of Use, (ii) by our Privacy Policy, (iii) by the representations made by Fair Outcomes, Inc. (as distinct from the First Party) on the pages on our Site that can be accessed by the Second Party through the use of the password and user name that were generated by us for the Second Party's use with respect to that specific account, and (iv) by the representations made by the Second Party within the Verification and Confidential Presentation. (Copies of the Verification and Confidential Presentation appears as Schedule F to the Escrow Contract.) In addition, the Second Party is identified within the Escrow Contract as a third-party beneficiary with respect to certain specific matters, as defined therein. A copy of that Escrow Contract may be obtained by the Second Party through the use of the password and user name that were generated by us for the Second Party's use with respect to that specific account. A sample Escrow Contract may be seen by going to our Learn More page and reviewing the pages that one can access by clicking on See a Sample.

C. Relationship between the First Party and the Second Party

The First Party and the Second Party have no rights or obligations to each other with respect to a specific account on this Site unless and until Fair Outcomes, Inc. makes a determination that the conditions for a release of the Escrow have been satisfied and posts a formal certification attesting to that fact on this Site under that specific account number, in which event their respective rights and obligations shall be governed and defined by:

(i) The representations made by the First Party within the Term Sheet that comprises Schedule E to the Escrow Contract;

(ii) The provisions of the Escrow Contract with respect to which the Second Party is named as an intended third-party beneficiary;

(iii) The representations made by the Second Party within the Verification and Confidential Presentation, as referred to within Schedule F to the Escrow Contract, that caused Fair Outcomes, Inc. to make the determination that all conditions for a release of the Escrow had been satisfied.

D. Non-Applicability of other Materials Appearing on this Site

With the exception of the material set forth within these Terms of Use and within the Privacy Policy, the material appearing on the unrestricted, public pages of our Site, such as FAQs, samples, and other general descriptive material, do not define or govern the relationship between, or the respective rights and obligations of, Fair Outcomes, Inc. and a given First Party, or between Fair Outcomes, Inc. and a given Second Party, or between that First Party and Second Party, with respect to a specific account, as those pages are provided for general informational purposes only, and the material set forth therein may not be applicable to a given, specific account.

E. Applicability of State and Federal laws, including laws relating to Wire Fraud

THE FIRST PARTY AND THE SECOND PARTY UNDERSTAND THAT, IF A REPRESENTATION IS MADE TO FAIR OUTCOMES, Inc. OR TO THE FIRST OR SECOND PARTY THROUGH A SUBMISSION OR PRESENTATION OF DATA TO THIS SITE, AND THE PARTY SUBMITTING OR PRESENTING THAT DATA, OR THE PARTY ON WHOSE BEHALF THAT DATA WAS REPORTEDLY PRESENTED OR SUBMITTED, WAS TO SUBSEQUENTLY TAKE THE POSITION THAT SAID DATA WAS NOT ACCURATE, OR WAS NOT BINDING, OR WAS NOT AUTHORIZED, THEN THIS COULD LEAD TO AN IMPOSITION OF SERIOUS CIVIL AND CRIMINAL PENALTIES UNDER STATE AND FEDERAL LAW, INCLUDING FEDERAL LAWS RELATING TO WIRE FRAUD, UPON ANYONE FOUND TO HAVE CAUSED OR PERMITTED, OR TO HAVE ACTED IN CONCERT WITH A PARTY WHO CAUSED OR PERMITTED, THE SUBMISSION OR PRESENTATION OF SUCH DATA TO THIS SITE.

F. Waiver of claims based upon an allegation that the data submitted by the parties should have resulted in a determination that the conditions for a release of the escrow had been satisfied.

The First Party and the Second Party understand that:

(a) Fair Outcomes, Inc. will earn a fee upon a determination that the conditions for a release of the escrow have been satisfied in any given use of the Fair Proposals System, and this ability to earn a fee under those circumstances gives Fair Outcomes, Inc. an adequate incentive, in any given use of the Fair Proposals System, to make such a determination if it is reasonable and appropriate for Fair Outcomes, Inc. to do so;

(b) in the event that such a determination was not made in any given use of the Fair Proposals System, and either the First Party or the Second Party was able to bring a cause of action against Fair Outcomes, Inc. or the other party based in whole or in part upon an allegation that data submitted or presented to Fair Outcomes, Inc. by the parties should have caused Fair Outcomes, Inc. to make such a determination, then the possibility of such a claim being brought, and the possibility that one party might thereby be able to obtain information with respect to the data submitted or presented to Fair Outcomes, Inc. by the other party, would inhibit each party from using the Site in the manner intended by each party; and

(c) in the event that a given submission or presentation of data does not result in such a determination being made, Fair Outcomes, Inc. will delete and destroy its own records concerning that data in the ordinary course of its duties to each of the parties.

Accordingly, for the reasons set forth above, the First Party and the Second Party, by electing to use this Site, waive any right to bring a claim against Fair Outcomes, Inc. or the other party that is based in whole or in part upon an allegation that data submitted or presented to Fair Outcomes, Inc. by the parties should have caused Fair Outcomes, Inc. to make a determination that the conditions for a release of the escrow were satisfied unless Appllex makes such a determination.

IV. Governing Law, Jurisdiction, and Venue

The laws of the Commonwealth of Massachusetts, without reference to its choice of law rules, shall govern the rights and obligations of Fair Outcomes, Inc. with respect to this Site and with respect to any User of or Visitor to this site, and no claim or action with respect to those rights or obligations, or arising out of any use of this Site, may be brought against Fair Outcomes, Inc. in any jurisdiction or venue other than the United States District Court for the District of Eastern Massachusetts, sitting in Boston, Massachusetts or, if and only if there is no basis for jurisdiction in that Court with respect to that claim or action, in the Massachusetts Superior Court sitting in Boston, Suffolk County, Massachusetts.

Last Updated: March 20, 2008


Copyright 2005-2013 Fair Outcomes, Inc. All Rights Reserved. U.S. Patent No. 7,707,118.
Any unauthorized use or copying of the methods and processes described or utilized on this website is strictly prohibited.

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