PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE Fairnbright.com WEBSITE OR RELATED SERVICES.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SITE OR THE SERVICES.
Welcome to the Fairnbright.com Site and Services (“Fairnbright.com” or “Site”) operated by Fair&Bright, Inc. (“Fair&Bright”, “Fairnbright”, “we” or “us”).
Fairnbright.com – Who We Are
Fair&Bright is providing you with Fairnbright.com, an online resource for purchasing new, overstock, and returned inventory at a discount. You can reach us with any questions at care@Fairnbright.com.
Minimum Age Requirement
Fairnbright.com IS AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER. This Site is not intended or designed to be used by anyone under the age of 18.
Modifications to these Terms of Service
We reserve the right, at any time, to modify, alter, or update the terms and conditions of these Terms of Service without prior notice. Modifications shall become effective 10 days after being posted at Fairnbright.com, or upon our email of the modifications to you, or upon your purchase or registration acknowledging the modifications. Your continued use of Fairnbright.com after amendments are posted constitutes an acknowledgement and acceptance of these Terms of Service and any modifications.
If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of Fairnbright.com.
Use of the Fairnbright.com Services
Use of Fairnbright.com is void where prohibited. By accessing or otherwise using Fairnbright.com, either by accessing the website or by completing the registration process to create an account, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
If you do not agree to the terms and conditions of this agreement or you do not understand them, you must immediately cease all usage of Fairnbright.com. If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us at care@Fairnbright.com.
We reserve the right, at any time, to: (a) modify or discontinue some or all of Fairnbright.com, including, but not limited to (i) restricting the time Fairnbright.com is available, (ii) restricting the amount of use of Fairnbright.com permitted, and (iii) restricting or terminating any user’s right to use Fairnbright.com, with or without notice; (b) charge fees in connection with the use of all or part of Fairnbright.com; (c) modify and/or waive any fees charged in connection with Fairnbright.com; and/or (d) offer opportunities to some or all users of Fairnbright.com. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of Fairnbright.com, in whole or in part, or of any service, items, content or feature offered through Fairnbright.com.
Subject to the above, the terms and conditions set forth herein, and any applicable third party restrictions, Fair&Bright grants you a revocable, non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access Fairnbright.com to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available for such purposes on Fairnbright.com, solely for your informational purposes and for your immediate and private use; and (b) make purchases of goods and services through links found on or through Fairnbright.com. At all times you must preserve and not remove all Fairnbright.com or third-party copyright and proprietary notices contained in the original materials or any copies thereof. All rights to ownership or use not expressly stated herein are reserved by us and we disclaim any and all implied licenses.
In order to use certain services on Fairnbright.com, you may create an account, which makes you a registered user of Fairnbright.com. You must be legally competent to enter into contracts and at least 18 years of age to register with our Site.
If you elect to register to utilize Fairnbright.com and/or participate in any promotions, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Fairnbright.com account registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or create multiple accounts for the same user, or we have reasonable grounds to suspect that such is the case, we have the right to suspend or terminate your account(s) (including any payments or pending orders) and refuse any and all current or future use of Fairnbright.com (or any portion thereof).
User ID; Nickname. During registration, with us or our partners, you’ll need to provide an email address and password (“User ID”) and select a display name that will be your “nickname” on the Site. Please be careful when selecting your nickname as it will appear when you post on the Site by providing reviews or content to us or our partners. If the nickname is personally identifiable, you may end up publicly disclosing personal information about yourself to the world.
In addition to any other Registration Data, to register on Fairnbright.com you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access Fairnbright.com, and agree not to transfer your username or password, or lend or otherwise transfer your use of or access to Fairnbright.com, to any third party. You are fully responsible for all activity that occurs in connection with your username or password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or Fairnbright.com, and to ensure that you “log off”/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
In addition to any other rights or remedies available to us, we reserve the right to immediately suspend, terminate, access and investigate the user account of any user upon receipt of a subpoena or law enforcement request, or when we believe, in our sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM), or with any fraudulent, misleading, illegal or otherwise objectionable activities.
You agree that we, in our sole and absolute discretion, may terminate your password, account (or any part thereof) or use of Fairnbright.com, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We may also in our sole discretion and at any time discontinue providing Fairnbright.com, or any part thereof, with or without notice. You agree that any termination of your access to Fairnbright.com under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or to Fairnbright.com. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to Fairnbright.com.
We reserve the right to modify or discontinue our services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue Fairnbright.com or any part thereof. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Your Personal Information; Session Time-Outs and Logging Out
While we take commercially-reasonable and appropriate steps to protect your personal information based on the sensitivity of such information, you understand and agree that we cannot guarantee the security of your information. You agree that we may use your User ID to authenticate you on any portion of this Site or for any Service and with vendors acting on our behalf, such as our credit card processor or vendor that collects product and site reviews. You acknowledge and agree that, except where prohibited by law, we are permitted to use any information you provide to us through our Site or any of our Services in connection with any of the other Services we make available to you.
It is your responsibility to safeguard the devices you use to access the Site or any Services (such as laptops, tablets, and mobile devices), and to use appropriate security settings on those devices. If those devices are lost, stolen or misplaced, others may be able to access your account and your personal information using those devices.
PLEASE NOTE: We use tracking technologies (such as cookies or tokens) to identify your device and keep track of your Internet session with our Site. Using these tracking technologies, we may automatically end your session on our Site after a period of inactivity (as determined by us in our sole discretion). We also use tracking technologies that allow us to recognize your device when you return to the Site within a certain period of time (as determined by us in our sole discretion) and automatically log you back into your account with us. UNLESS YOU AFFIRMATIVELY LOG OUT of your account prior to your session ending (whether by you or by us) or by erasing cookies, YOU MAY BE AUTOMATICALLY LOGGED BACK IN THE NEXT TIME YOU OR ANY USER OF YOUR DEVICE VISITS OUR SITE within the period of time determined by us. If you do not wish to be automatically logged back in when you (or someone using your device) next initiate a session with our Site (using the same device that is being used for your current session), you should log out of your account (i) prior to ending your session, or (ii) if you will be inactive on our Site for more than a few minutes.
If you log into the Site using a public computer or device, or the computer or device of another person, you should affirmatively log out of your account before terminating your session with our Site. If our Site has “timed out” – i.e., we have ended your session automatically after a period of activity (as determined by us in our sole discretion) – you should still reactivate your session and affirmatively log out. Otherwise, the next user of that computer or device may be able to access your account and your Personal Information in your account.
User Conduct and Acceptable Use Policy
Unauthorized use of Fairnbright.com is expressly prohibited. You may not use Fairnbright.com in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You acknowledge and agree that in your use of Fairnbright.com you will not do, or assist anyone else in doing, any of the following things.
- You may not misrepresent your identity or impersonate any person, or allow another user to use your User ID to access the Site.
- You may not attempt to gain access to any account, computers or networks related to Fairnbright.com without authorization.
- You may not attempt to obtain any data through any means from Fairnbright.com, except if we intend to provide or make it available to you.
- You may not attempt to charge others to use Fairnbright.com either directly or indirectly.
- You may not use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape”, “crawl” or “spider” any listings or reviews contained in the Site. If you are blocked from the Site, you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address).
- You may not use Fairnbright.com to harvest or otherwise collect information about others, including e-mail addresses.
- You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with Fairnbright.com
- You may not use Fairnbright.com in a manner that results in excessive bandwidth usage, as determined by our representative. Use of Fairnbright.com as well as use of Fairnbright.com on any desktop or portable application will be applied toward such bandwidth usage.
- You may not post advertising or any solicitations.
- You may not introduce a virus or any other malicious software to the Site.
You agree that we may take measures we deem appropriate, in our sole discretion, to prevent the violation of, and to enforce, these Terms of Service.
Additional Fair&Bright Rights over User-Generated Content. You agree that Fair&Bright, its affiliates, subsidiaries, and successors have the right, but are not obligated, to:
- Use, copy, perform, distribute, display, adapt, translate and edit your postings on Fairnbright.com and about Fairnbright.com on its social media outlets in any manner or in any medium we choose and use your display name to attribute your post if we choose;
- Edit, remove or delete posts or any other communication on the Site or in a Service for any reason;
- Remove communications that we, in our sole discretion, believes to be abusive, disruptive, offensive, illegal or otherwise objectionable.
Ownership of and Our Rights to User-Generated Content
You are entirely responsible for user generated content posted on Fairnbright.com directly, or through reviews provided to our vendors or on our social media sites (“Your Materials”), or submitted to care@Fairnbright.com and you represent and warrant that Your Materials do not include confidential or proprietary information, or violate any other party’s intellectual property rights. As between you and us, you retain ownership and any intellectual property rights in any materials that are contained in Your Materials, subject to the non-exclusive rights that you grant to us in the Terms of Service. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, transferable, sublicensable, worldwide license to use, reproduce, modify, transmit, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise exploit, Your Materials in any form, technology or media now known or hereafter developed. You hereby waive any moral rights you may have in Your Materials under the laws of any jurisdiction. You agree we may exercise any of these rights without compensation or attribution to you.
Your Feedback. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively “Feedback”), you agree such Feedback constitutes “Fair&Bright Property” under these Terms of Service, that we may use and disclose the Feedback in any way we choose (including but not limited to modifying our Site and/or Services, or creating new Services), and that you will not be due any compensation for any such use. This is true whether you provide the Feedback on the Site or through any other method of communication, unless we have entered into a separate written agreement with you that provides otherwise.
You agree not to submit content in Your Materials that:
- infringes or violates anyone else’s patent, copyright, trademark, trade secret, rights of publicity or privacy, or other intellectual property rights;
- is illegal or encourages illegal activities or any breach or violation of a right (including a contractual right) held by a third party;
- is fraudulent, false, misleading, or deceptive;
- is defamatory, obscene, pornographic, vulgar, or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- is intended to cause harm, damage, disable, or otherwise interfere with our Site or our partners; or
- can be considered a third party’s private or confidential information.
Items Purchased on Fairnbright.com
Due to the nature of our business, Fairnbright.com does not guarantee that any particular items listed for sale will be available at the time of purchase, and simultaneous purchases will occasionally require your transaction to be refunded. Fairnbright.com offers a 30-day money-back guarantee, but it does not and cannot guarantee that the originally-purchased or desired item will be available as a replacement item if an original purchase is returned. For more information, see the Fairnbright.com return policy in effect at the time of your purchase: https://www.Fairnbright.com/support/returns-exchanges. Other than the 30-day money-back guarantee, all goods sold on the Site are sold AS-IS and Fairnbright.com does not make any representations about warranty coverage for items it sells. You must contact the manufacturer to determine warranty coverage, if any.
“List Price” means the full retail price for an item in brand-new condition suggested by the manufacturer or by one or more other retailer(s), at the time the item is originally listed for sale. When we display a certain “% off” or “you saved %” that is the percent by which the offered price is less than the List Price. The List Price is provided only as a reference point and may not be the prevailing market price or regular retail price and may not reflect the condition of the product, and should not be relied upon in making a purchase. Prices and availability of products on the Site are subject to change without notice. In the event we become aware of any errors, we will take reasonable efforts to correct them when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Limitation of Liability
THE Fair&Bright SITE, SERVICES AND CONTENT AND GOODS SOLD THEREON ARE PROVIDED “AS IS” AND Fair&Bright EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Fair&Bright, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in this Policy, or elsewhere on Fairnbright.com, or as otherwise required by applicable law, neither Fair&Bright nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use or the performance of Fairnbright.com or the content whether or not we have been advised of the possibility of such damages and such limitation applies only to the greatest extent permitted in the State of New Jersey.
In the event that, notwithstanding the foregoing disclaimers and indemnification, we are found responsible to any user for any reason whatsoever, our responsibility shall be limited to $50.00 or actual damages, whichever is less, and shall not include punitive damages or consequential or resulting damages of any nature.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Fair&Bright, INC., ITS PARENTS, AFFILIATES, AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS, AND THIRD-PARTY PROVIDERS, TO, FROM, AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES) ARISING FROM YOUR USE OF THE Fair&Bright SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY, OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Fairnbright.com may contain advertisements for or links to other Internet sites or resources, and may use third-party vendors to communicate with you and to collect your information or responses to surveys. Fairnbright.com may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of Fairnbright.com. We encourage you to review said privacy policies of third-parties’ sites. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
Time Limit for Bringing Claims.
YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE, THE SITE OR ANY OF THE SERVICES, MUST BE SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR OR SUCH CLAIM SHALL BE FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE PROVIDED UNDER APPLICABLE LAW.
We may assign these Terms of Service at any time without notice to you. You may not assign these Terms of Service to anyone else. Any attempted assignment or delegation by you is null and void.
Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use Fairnbright.com in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Sales Tax and California Consumer Notices
Fairnbright.com is required to collect sales tax in certain states and for those states you will see that estimated amount calculated and added to your purchase at time of check out. Fair&Bright’s calculation of sales tax will be based on applicable state and local tax laws but may vary from requirements due to complexities in tax laws. In states where we do not collect sales tax, you may still be responsible to that state for sales tax on your online purchases. For more information, see Fair&Bright’s FAQs on Sales Tax. For more information about your obligations, visit your state’s taxing authority’s website.
Notice to California Residents
California Proposition 65 requires that certain warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Please contact us prior to ordering if you have any questions regarding the safety of these products or visit www.P65Warnings.ca.gov.
You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Copyright and Trademark Information
Fair&Bright, the Fair&Bright logo, Q, Fair&Bright, and other marks which may or may not be designated on the Site by a “™” “®” “℠” or other similar designation, are registered, pending, or unregistered trademarks or service marks of Fair&Bright, Inc. in Canada and other countries. Our graphics, logos, page headers, button icons, scripts and service names are protectable under applicable trademark and trade dress law. Our trademarks and trade dress may not be used in connection with any product or service that is not authorized by us in writing, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us.
All other trademarks not owned by us, including but not limited to company names, product names, and services names, that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us, and all are used for identification purposes only.
We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in our Site that are part of Fairnbright.com. Unless we have granted you licenses to our intellectual property, our providing you access to the Site does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved. © 2010-2018 Fair&Bright, Inc.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact care@Fairnbright.com and provide the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Fair&Bright designates as its agent for receipt of notifications of claimed copyright infringement, generalcounsel@Fairnbright.com.
If any provision of these Terms of Service shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Service and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Informal Resolution as a First Step. We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting generalcounsel@Fairnbright.com by email or by mail to Fair&Bright, Inc., ATTN: General Counsel, 1012 Rue Des Fabricants, Terrebonne, Quebec, Canada J6Y 2A6 with your name, address, contact information and the facts giving rise to your potential claim. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Fair&Bright may bring a formal arbitration proceeding as described below.
- We Both Agree To Arbitrate. You and Fair&Bright agree to resolve through final and binding arbitration any claims relating to these Terms of Service, the Site, the Services, and any products offered on or through the Site, except as set forth under Exceptions to Agreement to Arbitrate below. You and Fair&Bright agree to submit to the personal jurisdiction of any state or federal court in Washington, D.C. to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
- Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending a letter to Fair&Bright that must be postmarked within 30 days of your first acceptance of these Terms of Service. The letter must specify your first and last names, Fairnbright.com User ID, mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent to Fair&Bright, ATTN: General Counsel, 1012 Rue Des Fabricants, Terrebonne, Quebec, Canada J6Y 2A6.
- Arbitration Procedures. The arbitration shall be conducted by a single arbitrator. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Fair&Bright, ATTN: General Counsel, 1012 Rue Des Fabricants, Terrebonne, Quebec, Canada J6Y 2A6, Attn: Legal. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. For residents outside Canada, arbitration shall be initiated in Washington, D.C.
- Arbitration and Attorneys’ Fees. Fair&Bright will pay all arbitration fees for claims less than $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to, attorney’s fees and expert witness costs unless Fair&Bright is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the JAMS Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and will be binding and conclusive on Fair&Bright and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Fair&Bright and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Notwithstanding the foregoing, Fair&Bright and you agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Fair&Bright and you understand that, absent this mandatory arbitration provision, Fair&Bright and you would have the right to sue in court and have a jury trial. Fair&Bright and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- Severability; Waiver of Jury Trial; Fair&Bright affiliates. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Fair&Bright and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Fair&Bright to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.
- Exceptions to Agreement to Arbitrate. Either you or Fair&Bright may assert claims, if they qualify, in small claims court in the District of Columbia or any other U.S. county in which Fair&Bright has a principal business address, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Fair&Bright AND/OR THE Fairnbright.com SITE AND SERVICES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF SERVICE. OTHERWISE, YOU ARE NOT AUTHORIZED TO USE THIS SITE IN ANY WAY.
Judicial forum for disputes outside the arbitration agreement.
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Fair&Bright agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the District of Columbia. Both you and Fair&Bright consent to venue and personal jurisdiction there.
Choice of Law.
You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You otherwise agree that the law of the District of Columbia governs these Terms of Service and any claim or dispute that you may have against us, without regard to the District of Columbia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. We make no representation that Fairnbright.com is appropriate, legal or available for use in other locations. You and Fair&Bright, Inc., to the fullest extent permitted by law, including the law of New Jersey, waive all right to trial by jury in any action, proceeding or counterclaim relating to these Terms of Service. The provisions of this paragraph shall survive, even if you cease your use of Fairnbright.com.
Electronic Delivery/Notice Policy And Your Consent
By using Fairnbright.com, you consent to receive from us all communications including notices, agreements, legally required disclosures or other information in connection with Fairnbright.com and your transactions (collectively, “Contract Notices”) electronically. We may provide such electronic Contract Notices by posting them on Fairnbright.com. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of Fairnbright.com.
No failure or delay by us in exercising any right or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under these Terms of Service. If any provision of these Terms of Service is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Service sets forth the entire agreement and understanding between you and us with respect to the use of Fairnbright.com, and supersedes and merges any and all prior oral or contemporaneous agreements, discussions, and understandings between the parties, and neither of the parties will be bound by any conditions, inducements or representations other than as expressly provided for in these Terms of Service.
Last updated October 18, 2019 © 2019 Fair&Bright, Inc.