To Be Fair, Inc.
Last Updated: October 23, 2017
IMPORTANT LEGAL NOTICE:
1. YOUR AGREEMENT TO THESE TERMS
This Website is designed for use by U.S. residents over the age of 18. It is not designed for use by children, and we do not intentionally collect personal information from children through our Website. You must be a resident of the United States (including its territorial possessions) and at least eighteen (18) years of age to have the right to access and use this Website (the “Initial Criteria for Use”).
2. CLICK THROUGH AGREEMENTS
4. REPRESENTATIONS MADE BY YOU
By accessing, browsing, and/or using this Website, you represent, warrant and agree that you are a U.S. resident over the age of 18; that you have any and all authorizations as may be necessary to enter into this Agreement; that your use of the Website, including the provision or use of any Content, does not violate any applicable law; and that you have read, understood, accept, and agree to be bound by the terms of this Agreement. You also represent and warrant that the information that you provide to us will be current, true, accurate, supportable and complete, and you understand that if you provide incorrect or incomplete information it may affect the value of the Website to you. Additionally, If you are using the Website on behalf of an employer or other entity, your further represent and warrant that you have the authority to bind such entity to the terms of this Agreement.
5. ADDITIONAL USER OBLIGATIONS
You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of this Website and that you will not interfere with the use and enjoyment of this Website by other users or with TBF’s operation and management of this Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on this Website, including, without limitation, information required to be provided through a TBF registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, TBF reserves the right to terminate your access and use of this Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using this Website, or defame or otherwise harm any party through your use of this Website.
In addition you also agree that you will not use the Website to:
(a) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(b) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(c) intentionally or unintentionally violate any applicable local, state, national or international law.
6. RESTRICTIONS ON USE
A. LIMITED LICENSE
We do not charge Users of this Website any fee to access the public portions of our Website. Accordingly, we grant each User a limited, revocable, non-exclusive license to access the Website in order to view its Content or make legitimate inquiries to us regarding our Website, and the products and services offered or advertised on our Website, all in accordance with this Agreement. Accordingly, we grant each User a limited, revocable, non-exclusive license to access the Website in order to, as applicable, view or make legitimate inquiries to us regarding our organization, and membership and other services, all in accordance with this Agreement.
You are granted permission to use the information provided to you on or via this Website solely for your own personal, non-commercial use. The Content on the Website is made available only for each User’s personal use in accordance with the limited license grant contained herein. All Content on the Website, and the Website itself, is protected by copyright and database rights, and you will abide by any and all additional copyright (or other proprietary) notices, information, or restrictions contained in or relating to any Content on the Website. Other than for your personal, noncommercial use, Content may not be used, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without prior written permission of the copyright holder.
Importantly, this limited license does not include any right of collection, aggregation, display or modification of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
B. UNAUTHORIZED USE
Any other use of this Website or its Content is expressly prohibited. Except to the extent otherwise provided within this Agreement, or unless otherwise applicable law requires us to allow you to do so, among other things you may not do any of the following without our prior written consent:
You may not:
Copy, reproduce, upload, post, display, republish, distribute, scrape, capture, store, or transmit any part of the Content in any form whatsoever;
Reproduce any portion of the Website on your website or otherwise, using any device including, but not limited to, use of a frame or border environment or other framing technique, to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Website;
Reverse engineer, disassemble, attempt to derive the source code of, or decompile all or any part of this Website;
Offer to or actually rent, lease, lend, sell, transfer, redistribute, reproduce, license or sub-license all or any portion of the Website in any form to any third party;
Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content or any portion of the Website;
Use the Website other than to view its Content or make legitimate inquiries to us regarding our Website, products, and services, as applicable, in accordance with this Agreement;
Use the Website to create any false or fraudulent account or inquiry;
Post or transmit any unlawful, harmful, threatening, abusive, harassing, tortious, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material, or material that is invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by this Agreement;
Use or access the Website in any way that, in our sole discretion, adversely affects the performance or function of the Website or any other computer systems or networks used by us or the Website, or infringes on our copyright or on the copyright of our licensors;
Violate, plagiarize or infringe the rights of us or of any third parties including, without limitation, copyright, trademark or patent rights, rights of publicity or privacy or any other proprietary rights;
Upload or transmit to the Website or use in connection with the Website any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or in any way disrupt or intercept the normal operation of the Website, or appropriate the Website or any system, or take any action that imposes an unreasonable load on our computer equipment, systems or networks;
Disguise the origin of any information or inquiry transmitted through the Website; or
Use or exploit this Website or its Content in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespass or burdening network capacity.
If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
If we believe that you are engaging in any activity through or in connection with the Website or the Service that appears to be in violation of the above, or in violation of any other provision of this Agreement, we may, without limiting our other rights and remedies, immediately terminate or revoke your right to further use of the Website without notice.
7. OWNERSHIP RIGHTS IN WEBSITE CONTENT
This Website and all of its contents are protected by law, including without limitation, United States copyright law and trademark law, international conventions, and other applicable intellectual property law. We reserve all rights in and to this Website and its contents and in all related intellectual property not expressly granted under this Agreement. This Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All text, files, images, photos, maps and other copyrightable material, compilations, and arrangements, contained on this Website, including without limitation the Website’s domain name and the Website itself, (“Content”) is protected by copyright and database rights, and is the exclusive property of TBF or its licensors (as applicable), with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of the Company or other third parties used here under license. By way of example and not of limitation, To Be Fair, Tarbell, and www.tarbell.org are all trademarks or service marks owned by TBF, some of which may have been registered in the United States. All goodwill arising from the usage of this Content shall inure to our (or our licensors’, as applicable) sole benefit.
Except as expressly provided in this Agreement, your use of any Website Content without the written permission of the Content owner is strictly prohibited. You are also advised that TBF will aggressively enforce its intellectual property rights to the fullest extent of the law, including the pursuit of criminal prosecution.
If you submit comments, suggestions, ratings, or other feedback on our Website regarding the Website or your experience (“Feedback”), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you.
8. OUR SERVICES
To Be Fair is a non-profit organization that, among other things, publishes Tarbell, a journalism venture that shines a spotlight on the corrupting influence of money in the American political system. To Be Fair may also provide events and other goods and services to the public that enhance its vision and mission.
This Website and the products and services offered or advertised on and through the Website may not be available in all states, may vary from state to state, and the availability of such services and the products offered on and through the Website may change from to time without notice. TBF and the products and services offered or advertised on this Website may be discontinued, suspended or terminated in any specific state at any time, without prior notice.
9. CHANGES TO WEBSITE
We may change, remove, suspend or discontinue any aspect of the Website at any time, including the availability of any Website features, database, or Content, with or without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Website without notice to you or liability to us.
10. DATA TRANSMITTAL
Each User acknowledges and agrees that, regardless of such User’s physical location, we may store and process any data transmitted to the Website from such User at locations both within and outside of the United States. By using the Website, you consent to the transfer of your information to the United States and agree that any transactions you conduct through the Website will be deemed to have occurred in the United States.
11. IDENTITY VERIFICATION
User verification on the Internet is difficult, and we cannot and do not confirm each User’s purported identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Website or the Internet, generally.
Certain features and areas of this Website may be available only with registration or login information. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. If you have Personal Login Information associated with your use of our Website, you agree to (i) keep your Personal Login Information secure and strictly confidential, (ii) notify us immediately and select a new online ID and password if you believe your Personal Login Information may have become known to third parties, and (iii) notify us immediately if you are contacted by anyone other than TBF requesting your Personal Login Information. If you give someone your Personal Login Information, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER TBF NOR ANY OF ITS AFFILIATE SERVICE PROVIDERS OR SERVICE PROVIDERS’ AGENTS WILL HAVE ANY LIABILITY FOR ANY HARM CAUSED BY OR RELATED TO THE THEFT, MISAPPROPRIATION, DISCLOSURE, OR UNAUTHORIZED USE OF YOUR PERSONAL LOGIN INFORMATION. YOU MUST CONTACT THE TBF IMMEDIATELY IF YOU BECOME AWARE OF OR BELIEVE THERE IS OR MAY HAVE BEEN ANY UNAUTHORIZED USE OF YOUR PERSONAL LOGIN INFORMATION, OR OTHERWISE WISH TO DEACTIVATE YOUR PERSONAL LOGIN INFORMATION DUE TO SECURITY CONCERNS. We may suspend or cancel your account or your access to the Website and/or TBF at any time with or without notice if we suspect that your Personal Login Information is being used in an unauthorized or fraudulent manner.
12. LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. IN NO EVENT WILL TBF, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND/OR AGENTS (COLLECTIVELY, THE “TBF GROUP”) BE LIABLE FOR ANY LOST PROFITS OR DATA OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR WEBSITE, THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE SERVICE AND/OR ANY TRANSACTION BETWEEN YOU AND A VENDOR, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICE, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE TBF GROUP, ANOTHER USER, OR THE WEBSITE WITH RESPECT TO THIS AGREEMENT OR THE WEBSITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE TBF GROUP, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE SERVICE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO THE GREATER OF (i) AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM A SERVICE PROVIDER OR SERVICE PROVIDER’S AGENT DURING THE CALENDAR MONTH DURING WHICH SUCH ALLEGED CLAIM(S) ACCRUED AND (ii) $100.00.
THIS WEBSITE AND THE SERVICES PROVIDED HEREIN, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE OR THE SERVICE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE SERVICES, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
THIS WEBSITE MAY ALSO FEATURE MATERIALS, INFORMATION, ADVERTISEMENTS, PRODUCTS, AND SERVICES PROVIDED BY THIRD PARTIES. ANY SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO ARTICLES, PRESS CLIPPINGS, OPINIONS, ADVICE, ADVERTISEMENTS, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION MADE AVAILABLE BY THIRD PARTIES SUCH AS CONTENT PROVIDERS AND OTHER USERS OF THE SITES ARE THOSE OF THE RESPECTIVE THIRD PARTY AND NOT OF TBF OR ITS AFFILIATES. TBF MAKES NO REPRESENTATION WITH RESPECT TO, NOR DOES IT GUARANTEE OR ENDORSE, THE OPINIONS, QUALITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF SUCH THIRD PARTY MATERIALS, INFORMATION, SERVICES OR PRODUCTS, AND TBF SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE PRESENCE OF SUCH THIRD PARTY MATERIALS ON THIS WEBSITE.
THIS WEBSITE MAY ALSO PROVIDE LINKS (INCLUDING ANY LINK THROUGH AN ON-LINE BANNER ADVERTISEMENT) TO OTHER SITES ON THE INTERNET FOR YOUR CONVENIENCE. THESE OTHER SITES ARE MAINTAINED BY THIRD PARTIES OVER WHICH TBF EXERCISES NO CONTROL. THE APPEARANCE OF ANY SUCH THIRD PARTY LINKS IS NOT INTENDED TO ENDORSE ANY PARTICULAR COMPANY OR PRODUCT. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
ADDITIONALLY, PLEASE NOTE THAT WE DO NOT PROVIDE INSURANCE, TAX, LEGAL OR ANY OTHER FINANCIAL ADVICE. THE ARTICLES AND OTHER CONTENT WE MAKE AVAILABLE ON THIS WEBSITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THEY DO NOT, AND ARE NOT INTENDED TO, SERVE AS A SUBSTITUTE FOR ADVICE FROM LEGAL COUNSEL OR FROM OTHER PROFESSIONALS. PRODUCTS, SERVICES, TERMS, AND DISCOUNTS MAY VARY BY STATE AND EXCLUSIONS MAY APPLY.
FURTHER, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS AND ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY SERVICES, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND IN SUCH EVENT THE MAXIMUM LIABILITY DUE FROM TBF TO YOU FOR ANY SUCH WARRANTY VIOLATION SHALL BE $100.00.
BY YOUR USE OF THIS WEBSITE, YOU ARE AGREEING TO RELEASE AND DISCHARGE THE TBF GROUP AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND EXPENSES OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE. ADDITIONALLY, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
15. GOVERNING LAW; HANDLING OF DISPUTES
This Agreement shall be treated as though it was executed and performed in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of the United States of America and Commonwealth of Pennsylvania (without regard to conflict of law principles). SHOULD A DISPUTE ARISE BETWEEN YOU AND TBF (OR, WITH RESPECT TO DISPUTES INVOLVING YOUR DATA SUBMITTED THROUGH THE WEBSITE OR THE SERVICE, BETWEEN YOU AND ANY PERSON WHO PURCHASES SUCH DATA) CONCERNING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE BREACH OF SAME BY ANY PARTY HERETO, ANY DATA SUBMITTED BY YOU, THE WEBSITE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY TBF, YOU AGREE TO SUBMIT THE DISPUTE FOR RESOLUTION BY FINAL AND BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN PHILADELPHIA, PENNSYLVANIA, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION WILL BE ADMINISTERED BY A SINGLE ARBITRATOR, WHO WILL BE EMPOWERED TO AWARD ANY FORM OF INDIVIDUAL RELIEF, INCLUDING INJUNCTIVE RELIEF. IN ORDER TO KEEP HEARING COSTS DOWN, HEARINGS MAY, AT YOUR REQUEST, BE CONDUCTED TELEPHONICALLY OR ENTIRELY UPON SUBMISSIONS. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE TBF FROM SEEKING INJUNCTIVE RELIEF IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR TRADE SECRET RIGHTS BY BRINGING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION, INCLUDING THE STATE AND FEDERAL COURTS LOCATED IN PHILADELPHIA, PENNSYLVANIA.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED, MULTI-DISTRICT OR COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION LAWSUIT AS TO ANY CLAIM, DISPUTE OR CONTROVERSY THAT YOU MAY HAVE AGAINST TBF OR ITS AFFILIATES AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS’ FEES AND COURT COSTS THAT TBF OR ITS AFFILIATES INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS ACTION, CONSOLIDATED, MULTI-DISTRICT, OR COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION LAWSUITS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE.
If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original meaning of the severed provision while conforming to applicable law, and the remaining provisions of this Agreement will remain in full force and effect. Should a dispute arise between you and TBF and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit brought by TBF to enforce its intellectual property or trade secret rights, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Philadelphia, Pennsylvania, and you hereby consent to the exercise of jurisdiction and venue by such courts. If either party employs attorneys to enforce any right in connection with a dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE TBF GROUP AND ITS AFFILIATES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN YOU AND A SERVICE PROVIDER OR SERVICE PROVIDER’S AGENT REGARDING PRODUCTS AND SERVICES), ANY ACT (OR FAILURE TO ACT) BY YOU OR OTHER USERS OF YOUR ACCOUNT OR ANY BREACH BY YOU OF THIS AGREEMENT, OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. THE TBF GROUP RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
17. NO AGENCY
The relationship between TBF and each User of the Website is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by this Agreement or your use of the Website.
Except as explicitly stated otherwise, any notices shall be submitted (in the case of you contacting us) by certified postal mail, return receipt requested, to:
To Be Fair, Inc. 614 S. 4th Street, #310 Philadelphia, PA 19147
or, when we need to send you notice, to any email address you may provide to the Website during the registration process or when submitting an inquiry (as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process or when submitting an inquiry (as applicable).
20. COPYRIGHT INFRINGEMENT
As TBF asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its Users to do so. If you are a copyright owner or an agent thereof and believe that any third-party Content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Website are covered by a single notification, a representative list of such works at those locations; (iii) 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 TBF to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. TBF’s designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, To Be Fair, Inc., **614 S. 4**th** Street, #310, **Philadelphia, PA, 19147. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to TBF’s customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. In the event that you believe TBF removed any of your Content in response to a false notice of copyright infringement, you should notify TBF promptly in writing pursuant to the DMCA, at the mailing address provided above. Such notification should include: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the U.S. District Court for the Eastern District of Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Furthermore, you should include a clear statement of your acceptance of process pertaining to the notifying party or the agent of the party as defined in DMCA § 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, TBF may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or User, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion. TBF has a policy of terminating the account of, or denying access or use of the Website to, in its sole and absolute discretion, any User who repeatedly infringes the copyrights or other intellectual property rights of others.
21. LINKS TO THIRD-PARTY SITES
This Website may contain links and pointers to other Internet sites. Such links are provided for your convenience only. Links to and from this Website to other sites, maintained by third parties, do not constitute an endorsement by us of such third-party sites or the contents thereof. We do not control, and are not responsible for any aspect of such third-party sites, including, without limitation, the content or privacy policies on, or the security of, such sites. Without in any way limiting the foregoing, TBF specifically disclaims any responsibility if such sites: (1) infringe any third party’s intellectual property rights; (2) are inaccurate, incomplete or misleading; (3) are not merchantable or fit for a particular purpose; (4) do not provide adequate security; (5) contain viruses or other items of a destructive nature; or are libelous or defamatory. If you establish a link to our Website or to any of the third party sites which may be linked from our website, you do so at your own risk and without our permission. You accept the risk of any consequences or liability which may arise by you linking to our Website or to any third party sites, as referenced above.
22. YOUR RECORD OF THIS AGREEMENT
We do not separately file the Agreement entered into by each User of this Website. Please make a copy of this Agreement for your records by printing and/or saving a downloaded copy of the Agreement on your personal computer.
To Be Fair, Inc.
Last Updated: October 23, 2017
HOW WE GATHER INFORMATION
As with most websites and other digital platforms where a business or organization has a presence, our Sites may collect information about you and your use of the Sites in two different ways: through the collection of User Submitted Data and Browser Derived Data.
User Submitted Data is information you personally select to contribute by means of typing in, for example, your name and address into a submission form. Some User Submitted Data identifies you as an individual, such as your name, postal address, email address, home and/or wireless telephone numbers. This type of information is referred to as your “Personal Information”. Some other User Submitted Data you may choose to submit to us is information about you, but which does not personally identify you, such as your age or your weight.
Browser Derived Data is information you did not personally select to contribute by typing it into a form or otherwise, but which is instead provided by your access to, and use of, the internet and an internet browser to connect to our Sites, such as: browser specific information, server log file information, information collected through cookies, pixel tags and other technologies, and location information. This type of information is referred to as your “Non-Personal Information”.
Personal Information We Collect
“Personal Information” is information that identifies you as an individual, such as:
Home or business address
Billing and delivery information
Credit or debit card number
In some cases, we may collect additional information, such as information about your location, income level, etc., which does not identify you personally, in combination with your Personal Information. We will treat all such information as Personal Information as long as it is combined with Personal Information.
How We Use Personal Information
Once collected, we may use your Personally Identifiable Information in a variety of ways including, but not limited to the following:
When you request that we connect you to us, so that we can provide you with information and assistance about such matters as our organization, our Sites, and the products and services we offer our members directly and through our vendors.
When you begin to submit Personal Information on a form and then abandon the form, to contact you to see if you would like to complete your submission at a later date and to help you do this.
To respond to your inquiries, to fulfill your requests, and to provide you with information, assistance, and products and services.
To send you important information regarding the Sites, TBF, changes to our terms, conditions and policies and/or other administrative information.
To provide you with surveys and marketing communications that we believe may be of interest to you.
To personalize your experience on the Sites by presenting advertising, products and offers tailored to you.
To re-contact you if we have not heard from you in a while.
To allow you to send messages to a friend through the Site. By using this functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address.
For our business purposes, such as data analysis, audits, developing new products, enhancing our Sites, improving our products and services, identifying usage trends, determining the effectiveness of our promotional campaigns, gauging customer satisfaction and providing customer service (including troubleshooting in connection with member issues), and tailoring the Sites experience and content based on your past activities on the Sites.
If you purchase a product or service from or through us, to complete and fulfill your purchase (for example, to have your payments processed, communicate with you regarding your purchase and provide you with related member service).
To send you advertising/promotional material from some of our affiliates, advertising and strategic partners.
To provide you with service communications such as bill reminders, order confirmations, program registrations, and customer service messages.
To personalize and improve the usability of the Sites.
To fulfill and/or deliver requested products and services as described in more detail below.
To publish membership directories and registration lists as described in more detail below.
Publication of Your Personally Identifiable Information for Membership Directories and Registration Lists. To allow other members, organizations, and the public to find you, the Personally Identifiable Information we receive may be published on the Sites and other print or digital media, in a variety of ways, including, but not limited to, directories, membership lists, and other types of registration lists for TBF programs and events (“Directory Lists”). Directory Lists will not include sensitive information, such as credit card or bank information, or social security numbers. Users may request their information be suppressed from Directory Lists by contacting us.
Sharing Your Personally Identifiable Information to Fulfill Service Requests and Perform Business Functions. When fulfilling service requests initiated by you, we may share your Personally Identifiable Information with certain third parties to fulfill the requests. We may also share Personally Identifiable Information with service providers that perform business functions for us. For example, TBF may occasionally hire other companies to provide limited services on our behalf including, but not limited to, packaging, mailing and delivering promotional offers, answering subscriber questions about products or services, consulting services, data modeling, printing, sending postal mail and processing subscriptions or event registrations. In such cases, the TBF may share your Personally Identifiable Information to the entities performing these functions on TBF’s behalf.
When you submit Personal Information to us that includes your telephone number for the purpose of obtaining goods or services you have expressly sought, you understand and agree that your submission constitutes your making an “inquiry” to us and our affiliated entities, asking us to contact you or to allow our vendors to contact you by telephone for a limited period. You expressly consent to receive phone calls under these circumstances whether or not you are on any Do Not Call list (federal or state). By including your telephone number and/or email address in any submission, you are extending an express invitation and providing your express written consent to us and any vendors whose goods or services you have sought (i) to contact you by telephone at the numbers you have provided (including through auto-dialed, pre-recorded, artificial voice and/or text messages) so that we or they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, and (ii) to contact you by email at any email address you provided. You understand that you are not required to provide this consent to contact you as a condition of purchasing any goods or services. You represent that all of the information you have provided in your submission is true and complete. By submitting your Personal Information to us, you are providing us with your written and signed consent to receive these calls, and you agree that TBF’s Sites have obtained your consent to receive a prerecorded message sales call in a manner permitted by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
We may also use User Submitted Data as we believe to be necessary or appropriate under applicable law, including laws outside the United States: (a) to comply with legal process; (b) to respond to requests from public and government authorities including public and government authorities outside the United States; (c) to enforce our terms and conditions; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, safety, interests, or property, and/or that of our affiliates, you or others; and (f) to allow us to pursue available remedies or limit the damages that we may sustain.
User Submitted Data you provide through the Site may also be combined with other information you provide to us (via online or offline means), with demographic information and other information that is publicly available, or with other information about you that we may otherwise obtain online or offline.
How Personal Information is Disclosed
Your Personal Information may be disclosed:
To our third party service providers who provide services such as contact information verification, payment processing, order fulfillment, customer service, site hosting, data analysis, data storage, infrastructure provision, IT services, email delivery services, auditing services and other similar services to enable them to provide such services.
If you request information from TBF or vendors so that they (or so that third parties who provide similar services) can provide you with information about their products and services. For example, when you request more information regarding products or services from TBF or a specific vendor, the Personal Information you provide about yourself is shared with the relevant parties necessary to fulfill your request.
If you choose to send messages through the Sites, to identify you as the sender to the recipient indicated by you. We will ask you for such recipient’s name and email address and we store both email addresses for the purpose of sending such message.
By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services will become public information, and may be available to visitors to the Sites and to the general public.
By you, if you have provided a testimonial about a Site and given us permission to post that testimonial on the Site.
To a third party in the event that TBF goes through a business transition, such as a merger, sale, joint venture, assignment, transfer, acquisition by another organization, or sale of all or a portion of its assets, reorganization, or, in the unlikely event of a bankruptcy, in any of these circumstances your Personal Information will likely be among the assets transferred. You will be notified via email or prominent notice on this Sites for thirty (30) days of any such change in ownership or control of your Personal Information.
As we believe to be necessary or appropriate under applicable law, including laws outside your country of residence (a) to comply with legal process; (b) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (c) to enforce our terms and conditions; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (f) to allow us to pursue available remedies or limit the damages that we may sustain.
Non-Personal Information We Collect
“Non-Personal Information” is any information that does not reveal your specific identity, such as:
Information collected through cookies, pixel tags and other technologies,
Search terms you used,
Date/time stamp of your visit, ads viewed, referring/exit pages, etc.,
Demographic information and other information provided by you or others, and
How We Collect Non-Personal Information
How We Use and Disclose Non-Personal Information
Because Non-Personal Information does not personally identify you, we may use and disclose Non-Personal Information for any lawful purpose. However, without your affirmative express consent, we will not share with third parties your information of a sensitive nature (such as information about your age or about your precise physical location) combined with a device-specific identifier (like your IP address) so that they can target ads to you on multiple Sites or track your Internet behavior over time. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
Your “Internet Protocol Address” or “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).
How We Log IP Addresses
An IP Address is identified and logged automatically in our server log files whenever a user visits the Sites, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many Sites.
How We Use and Disclose IP Addresses
We may use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, geographic mapping and administering the Sites. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.
THIRD PARTY SITES
THIRD PARTY PARTNERS AND VENDORS
Our Sites may include social media features, such as the Facebook Like or Tweet This Button. These features may collect your IP Address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. These features are either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the privacy policies of the companies providing them. PLEASE NOTE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS AND/OR OMISSIONS OF THIRD PARTY PARTNERS AND VENDORS.
We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. For example, with regard to our internal operations, only authorized members of our organization, employees, and authorized third party service providers are permitted to access Personal Information, and they may do so only for permitted business functions. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “How To Contact Us” section below.
The security of your Personal Information is important to us. When you enter sensitive information (such as credit card number) on our forms, we encrypt that information once it is entered.
CHOICES AND ACCESS
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
Receiving electronic marketing communications from us and our affiliates: If you no longer want to receive marketing-related emails from us and our affiliates on a going-forward basis, you may opt-out of receiving these marketing-related emails by using the “unsubscribe” link in our emails and following the instructions to unsubscribe. It may take up to 10 business days for us to fully process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as requests for additional information, confirmations, service updates or announcements, administrative notices and surveys, without offering you the opportunity to opt out of receiving them. Please note that opting out of receipt of marketing e-mail communications will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.
Our sharing of your Personal Information with unaffiliated third parties for their marketing purposes: If you would prefer that we do not share your Personal Information on a going-forward basis with unaffiliated third parties for their marketing purposes, you may opt out of this sharing by contacting us at as further explained in “How you can access, change or suppress your Personal Information” below and requesting that we suppress all of your Personal Information on a going-forward basis. Please note that if you opt out of such sharing, we will not be able to remove your Personal Information from the databases of third parties with which we have already shared your Personal Information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related emails from these third parties, please contact them directly or utilize any opt-out mechanisms in their privacy policies or marketing-related emails. We will seek to comply with your request(s) as soon as reasonably practicable.
SMS messages. If you are receiving SMS messages from us, you may opt out from further SMS messages and remove your SMS information from our database by responding “STOP” to the SMS text message you have received.
How you can access, change or suppress your Personal Information
If you would like to review, correct, update, suppress or delete, on a going-forward basis, our use of your Personal Information that has been previously provided to us, you may do so by contacting us as set forth at “How To Contact Us,” below, and providing the name of the service for which information was provided, your full name, mailing address, phone number and email address so that we may identify you in the opt-out process. For your protection, we will only implement such requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.
In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will respond to your request within 30 days. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backups), or for which access is not otherwise required.
USE OF SITES BY MINORS
Our Sites is not directed to individuals under the age of eighteen (18). We request that these individuals do not use the Sites and do not provide Personal Information through the Sites. If we acquire actual knowledge that we have collected Personal Information from a specific individual under the age of eighteen (18), we will delete this information, unless we are required to retain it by law.
Your Personal Information may be stored and processed in any country where we have facilities (at present, only the United States). By providing any Personal Information to us, you consent to the transfer of such Personal Information to countries outside of your country of residence, including the United States, where TBF develops a presence, which may have different data protection rules from your country of residence.
In general, with regard to sensitive Personal Information (e.g., Social Security number, driver’s license number, credit card number (unless necessary to make a purchase), information related to racial or ethnic origin, political opinions, religion or other beliefs, criminal background or trade union membership) and health-related Personal Information, we ask that you submit only that information which is required by us either directly or on our forms, and that you do not provide us with these types of Personal Information on or through the Sites or otherwise, unless we specifically request it from you.
YOUR CALIFORNIA PRIVACY RIGHTS
California has passed legislation requiring certain specific disclosures be made available to California residents who use the Internet and provide Personal Information that may be used for marketing purposes. That legislation requires any business that discloses a customer’s Personal Information (as defined by the legislation) to any third party for direct marketing purposes to provide the customer a method for obtaining the names, addresses and certain other specified details of anyone who might have received that Personal Information. If you are a California resident you may request this information by writing to us at the address listed at the end of this Policy. TBF is not obligated to respond to more than one such request from you per calendar year.
HOW TO CONTACT US
To Be Fair, Inc. 614 S. 4th Street, #310 Philadelphia, PA 19147