There are three types of parties who visit our Site:
(A) Parties who have initiated an invitation via the System with respect to a specific claim (such a party being hereinafter referred to from time to time as a "First Party");
(B) Parties who have been invited to use the System with respect to a specific claim 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."
A. Scope of Use
Our Site is directed towards parties that 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 own 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 the System or to otherwise utilize our services does not constitute commercial use. You may not modify, display, distribute or replicate our Site or the System or any portion thereof without our written permission. Any misuse or unauthorized use of our Site or the System terminates the permission or license.
C. Information on the Public Pages of our Site
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 reviewing or 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, and 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 and, as such, 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 System and 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 of our trademarks, service marks or logos constitutes a violation of applicable trademark laws.
Our Site may contain links to internet sites operated by other parties. The linked sites are not under our control, and we are 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 following linking policy: (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 our name and trademarks, (iii) the link must "point" to the URL www.fairoutcomes.com/fpm 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) we reserve the right to revoke our consent to the link at any time, in our sole discretion and without notice.
I. E-mail Communications to or from Fair Outcomes, Inc.
E-mail communications over the Internet may not be secure. Please consider this fact before causing any personal or confidential information to be sent via e-mail.
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.
A. Relationship between Fair Outcomes, Inc. and the First Party
B. Relationship between Fair Outcomes, Inc. and the Second Party
C. Relationship between the First Party and the Second Party
The respective rights and obligations of the First Party and the Second Party with respect to each other by virtue of their use of the System shall be governed and defined by:
(i) The representations and agreements made by the First Party within the Term Sheet; and
(ii) The representations made by the Second Party within the data that the Second Party submitted after entering the Second Party's username and password
D. Non-Applicability of other Materials Appearing on this Site
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 LAWS RELATING TO WIRE AND COMPUTER FRAUD, UPON ANYONE FOUND TO HAVE CAUSED OR PERMITTED, OR TO HAVE ACTED IN CONCERT WITH A PARTY THAT 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 matter had settled.
The First Party and the Second Party understand that:
(a) in the event that Fair Outcomes, Inc. fails to make a determination in a given use of the System that the matter has settled 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
(b) in the event that a given submission or presentation of data does not result in such a determination being made, then 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 matter had settled unless Fair Outcomes, Inc. 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, 2010