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Fair Play Policy Institute Terms of Use

Last modified: October 2024

These Terms of Use (these “Terms”) govern your use of our website at fairplaypolicy.org (the “Site”), which is operated by Fair Play Policy Institute (“we,” “us,” “our”).

By using the Site, you agree to be bound by these Terms. We may make changes to these Terms from time to time, consistent with applicable law. Your continued use of this Site following our posting of any changes to these Terms means that you accept these Terms with such changes. If at any point you do not agree to these Terms, you may not use this Site. Please read these Terms carefully before using the Site.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.

Restrictions

You agree that you will not:

  • use the Site for any commercial purpose without our express written consent;
  • use the Site to transmit any content or materials that: are unlawful, threatening, abusive, libelous, defamatory, hateful, obscene, vulgar, pornographic, profane, or indecent; would give rise to civil or criminal liability; infringe on anyone’s intellectual property rights, rights of privacy or publicity or other third party rights; or contain a virus or other harmful component;
  • use any software, tool, data, device, or other mechanism to “scrape” information from the Site by automated means ;
  • frame the Site or any part of it;
  • impersonate anyone else through the Site;
  • use the Site in connection with the training, development, or operation of any machine learning or artificial intelligence model or tool;
  • interfere with the proper functioning of the Site, including by means of a virus, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Site;
  • violate or attempt to violate any security features of the Site, including: accessing content or data not intended for you; logging onto a server that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network; or otherwise breaching security or authentication measures;
  • falsify any TCP/IP packet header or any part of the header information in any electronic communication; or
  • modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site.

Intellectual Property Rights

We or our licensors own the Site, including all text, source code, trademarks, software, photos, video, images, graphics, music, sound, or any other media or materials, and all intellectual property rights related to the Site. All trademarks, trade names, trade dress, logos, and service marks appearing on the Site are the property of their respective owners, including, in some instances, us or our licensors or collaborators. Nothing contained on the Site or in these Terms grants you a license or right to use any of the Trademarks or, except as expressly provided herein, any copyright-protected material owned by us or by any third party.

You may print or have printed by any third party any downloadable material contained on this Site provided that: (a) the material is solely for non-commercial and personal use; (b) no copyright, author attribution, trademark, legend, or other proprietary notice is removed from the material; and (c) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display, or in any way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.

Feedback

We may use any feedback or other communications that you provide to us relating to the Site, without compensation, for any lawful purpose, including improvement or modification of the Site.

Third Party Sites and Retailers

We may provide links to websites maintained by others (“Third-Party Sites”), which are subject to different terms of use and privacy policies. We are not responsible for your use of, or any products or services offered on, such Third-Party Sites. Access through the Site to participating retailers does not constitute an endorsement by us of such retailers, or of any third party products or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites. Likewise, we are not the seller of products or services purchased from such retailers and are not responsible for shipping their products or providing their services. Complaints, claims, concerns, or questions regarding Third-Party Sites or their products or services should be directed to the third party. However, we seek to protect the integrity of the Site and the links placed upon it. We therefore welcome any feedback on not only our own Site, but also Third-Party Sites and retailers we link to and/or identify on our Site (e.g., if a specific link does not work).

Refund Policy

Any purchases you make from us through the Site will be subject to our Refund Policy, which is incorporated into these Terms.

Disclaimer

THIS SITE IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (1) WARRANTIES OF MERCHANTABILITY, (2) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND (3) WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT USE WILL BE UNINTERRUPTED, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, INCLUDING THE HARDWARE AND SOFTWARE THAT MAKE IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

WE PROVIDE FOR YOUR INFORMATION THE NAMES OF, AND LINKS TO, FACILITATORS WHO HAVE BEEN TRAINED TO IMPLEMENT THE FAIR PLAY SYSTEM. THESE FACILITATORS ARE INDEPENDENT CONTRACTORS AND NOT OTHERWISE AFFILIATED WITH OR ENDORSED BY US. WITHOUT LIMITATION OF THE FOREGOING, WE MAKE NO REPRESENTATIONS AS TO THESE FACILITATORS’ SUITABILITY AS THERAPISTS OR HEALTHCASE PROVIDERS OR AS TO THEIR TRAINING OR QUALIFICATIONS BEYOND THEIR TRAINING IN THE FAIR PLAY SYSTEM. NONE OF THE CONTENT ON THE SITE IS MEANT AS MEDICAL ADVICE OR TO SUBSTITUTE FOR IN-PERSON TREATMENT OR THERAPY FROM A QUALIFIED PHYSICIAN, PSYCHOTHERAPIST OR OTHER HEALTHCARE PROVIDER. IF YOU HAVE A HEALTH-RELATED EMERGENCY, SEEK IMMEDIATE MEDICAL ATTENTION.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, AND MANAGERS, SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ANY MATERIALS ON OR AVAILABLE THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, AND MANAGERS, TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, and our affiliates and our and their respective licensors, members, employees, agents, contractors, officers, directors, and managers, from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages, and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms or any activity related to your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Privacy

Our Privacy Policy, which is incorporated into these Terms, governs the processing, use, disclosure and security of all personal data collected from you in connection with your use of the Site and is incorporated into these Terms.

Age Requirements

This Site is not intended for use by minors. Individuals under the age of majority in their place of residence are not eligible to use the Site and may not submit any personal data to us. By using the Site, you represent that you are at least the age of majority in your place of residence.

Accuracy of Information

You agree that any information you provide through the Site will be correct, current, and complete.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes, restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outages.

Notices

We may send you responses or notices by email, posting to the Site, or written communication sent by U.S. Postal Service or courier service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

International Use

The Site is operated and controlled in the United States. Due to the global nature of the Internet, the Site may be accessed by users in countries other than the United States. We make no representations or warranties that materials on the Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations. In addition, information collected from users outside the United States may be transferred to the United States. You agree that by accessing the Site, you shall be deemed to represent and warrant that your access to and use of the Site is permitted under all laws and regulations applicable to you.

Governing Law

These Terms and your use of the Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of California, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the laws of any jurisdiction other than those of the State of California to apply.

Dispute Resolution

Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, including in Los Angeles, California, and you consent to jurisdiction and venue in such courts in Los Angeles, California. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.

Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear his, her or its own costs and legal fees, costs, and expenses. The arbitration shall be completed within 120 days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.

Class Action Waiver

To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Interpretation

If any provision of these Terms shall be held 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. If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. All references herein to “include” or “including” shall be deemed to mean “include without limitation” or “including without limitation,” as the case may be.

Miscellaneous

Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. You acknowledge that your use of the Site does not create or constitute an agency, partnership or joint venture relationship with us, and nothing herein contained is intended to create or constitute, nor will it be construed to create or constitute, such an agency, partnership or joint venture relationship. These Terms, together with our Refund Policy and Privacy Policy, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

Notice For California Users

If you reside in California and have a complaint regarding the Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may reach us using the contact information below.

Questions, Comments or Concerns

If you wish to communicate with us regarding these Terms or the Site, please feel free to contact us by email at info@fairplaypolicy.org or by postal mail or courier at 2355 Westwood Blvd Unit #1591, Los Angeles, CA 90064.