FAIR REPUTATIONS
(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. ("we" or "us") and sets forth the Terms of Use for visitors to the Fair Reputations pages of our website, www.fairoutcomes.com/fr ("our Site", or "this Site"), and for users of the Fair Reputations system (the "System") that appears on our Site. By visiting this Site or using the System, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the System or our Site.

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 transaction (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 transaction 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 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.

B. Privacy Policy

Our privacy policy, setting forth our policies and practices intended to protect Users and Visitors, may be accessed by clicking here.

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.

G. Links

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/fr 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 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 the System, and the respective rights and obligations of Fair Outcomes, Inc. and that First Party with respect to that use of the System, are governed and defined by (a) these Terms of Use, (b) our Privacy Policy, (c) the representations made by us to the First Party on the page of our Site that is used by the First Party to register a transaction (i.e., the "Issue an Invitation" page), and (d) the representations made by us to the First Party, and by the First Party to us, on the pages of our Site that can be accessed by the First Party if, and only if, the First Party has registered a transaction. All of the representations referenced above can be reviewed by any Visitor to our Site by reviewing the representations set forth on the "Issue an Invitation" page and by using that page to register a transaction by entering hypothetical data, as described on that page.

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

Our relationship to a Second Party using the System, and the respective rights and obligations of Fair Outcomes, Inc. and that Second Party with respect to that use of the System, are governed and defined by (a) these Terms of Use, (b) our Privacy Policy, (c) the representations made by us to the Second Party on the page of our Site that is used by the Second Party to enter the Second Party's username and password (i.e., the "Respond to an Invitation" page), and (d) the representations made by us (as distinct from the First Party) to the Second Party, and by the Second Party to us, on the pages of our Site that can be accessed by the Second Party if, and only if, the Second Party uses that page to enter the Second Party's username and password. All of the representations referenced above can be reviewed by any Visitor to our Site by using the "Issue an Invitation" page to register a transaction by entering hypothetical data, as described on that page, and then proceeding to the "Run an Operational Test" page, which allows such a Visitor to see what a Second Party would see after entering the Second Party's username and password.

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 by virtue of a use of the System unless and until Fair Outcomes, Inc. makes a determination that the First Party and the Second Party have entered data resulting in a settlement agreement or an election by the Second Party to proceed to final-offer arbitration, in which event their respective rights and obligations shall be governed and defined by the data that they have entered into the System, including:

(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

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 that can be accessed by a Visitor without submitting any data, hypothetical or otherwise, 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 given use of the System, as those pages are provided for general informational purposes only, and the material set forth therein may not be applicable to a given, specific use of the System.

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 matter had settled or been referred to arbitration.

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 or been referred to arbitration, 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 or been referred to arbitration 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 15, 2008


Copyright 2008-2013 Fair Outcomes, Inc. All Rights Reserved. U.S. Patent No. 7,707,118. Further Patent Pending.
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Terms of Use | Privacy Policy | Fair Outcomes, Inc.