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Terms and Conditions

1. Introduction and Acceptance

These Terms govern Your access to and use of our website, located at https://fairsports.org, together with any other FAIR Sports–branded or controlled websites, platforms, portals, and applications (collectively, the “Online Platform”), including all content, products, and services made available on or through the Online Platform (collectively, the “Online Services”).

By accessing or using the Online Platform, You agree to these Terms and any additional terms or policies governing Online Services (the “Additional Terms”). Our Privacy Policy is incorporated by reference into these Terms. If You do not agree with the Terms, please do not access or use the Online Platform. Access to certain features of the Online Platform and Online Services may require registration, membership, or approval by FAIR Sports.

2. Online Services

The Online Services may include an internet-based system through which You may initiate or participate in arbitration, mediation, or other dispute resolution proceedings administered by FAIR Sports. Your use of these services is subject to FAIR Sports’ acceptance of Your registration or participation in the Online Services and Your compliance with these Terms and all applicable FAIR Rules and Procedures (the “FAIR Rules”). You agree to pay all applicable fees in accordance with the FAIR Rules. All fees are nonrefundable unless otherwise provided by the FAIR Rules.

3. Eligibility

By accessing or using the Online Platform or Online Services, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may only access or use the Online Platform and Online Services with the consent of a parent or legal guardian, unless otherwise authorized to do so under applicable law or by another agreement.

4. Internet and Wireless Access

You are responsible for securing internet access and any associated fees, equipment, or services. FAIR Sports shall not be responsible for any charges, errors, interruptions, or failures related to Your internet or wireless use.

5. Platform Content

All information, materials, and content on the Platform (“Platform Content”) are owned by FAIR Sports or third parties and protected by intellectual property laws. You may use Platform Content solely for personal or internal business purposes.

You may not copy, modify, publish, transmit, distribute, or create derivative works from Platform Content without FAIR Sports’ prior written consent.

6. Visitor Content and Interactive Features

The Online Platform may include messaging features, file upload tools, or other interactive features (collectively, “Interactive Features”). Any information, data, materials, or content that You post, upload, submit, or transmit through the Interactive Features (“Visitor Content”) is Your sole responsibility.

By submitting Visitor Content, You grant FAIR Sports a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, display, and distribute such content solely as necessary to operate the Online Platform and provide the Online Services, subject to applicable law and the FAIR Rules.

You agree not to post or transmit any Visitor Content that is unlawful, defamatory, harassing, infringing, obscene, or otherwise objectionable, except where such content is submitted in good faith in connection with a dispute resolution proceeding administered by FAIR Sports and is reasonably related to the claims or defenses at issue. FAIR Sports reserves the right, but has no obligation, to monitor, edit, or remove any Visitor Content.

7. Visitor Conduct

In accessing and using the Online Platforms and Online Services You agree not to:

  • Violate intellectual property, privacy, or proprietary rights.
  • Impersonate another person or misrepresent Your affiliation.
  • Interfere with the Online Platform’s functionality or security.
  • Use the Online Platform for unauthorized advertising or solicitation.
  • Attempt to hack, access, or disrupt FAIR Sports systems.

You are responsible for maintaining the confidentiality of any username or password issued to You.

8. Linked Sites

The Online Platform may link to third-party sites (“Linked Sites”). FAIR Sports is not responsible for the content, availability, or practices of Linked Sites. Links do not imply endorsement.

9. Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal data. By using the Online Platform, You consent to our Privacy Policy.

10. Disclaimer of Warranties

THE ONLINE PLATFORM AND ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAIR SPORTS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, NEUTRALS, AGENTS, AND LICENSORS (COLLECTIVELY, “AFFILIATES”) DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

FAIR Sports does not warrant that the Online Platform or Online Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. No advice or information obtained from FAIR Sports creates any warranty not expressly stated herein. You use the Platform and Services at Your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAIR SPORTS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FAIR SPORTS’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ONLINE PLATFORM OR ONLINE SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE ACTUALLY PAID TO FAIR SPORTS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (II) ONE HUNDRED U.S. DOLLARS (USD $100). These limitations apply even if any remedy fails of its essential purpose.

12. Maintenance and Modifications

FAIR Sports reserves the right, at any time and in its sole discretion, to modify, suspend, or discontinue any portion of the Online Platform or Online Services, with or without notice, subject to applicable law..

FAIR Sports may also terminate, suspend, or restrict Your account, access to the Online Platform, and/or use of any Online Services at any time, for any reason or for no reason at all, subject to applicable law. Upon termination or suspension, Your right to access or use the Online Platform and Online Services shall immediately cease.  

13. Visitor Warranties and Indemnification

You represent and warrant that: (i) Your use of the Online Platform and Online Services will comply with these Terms and all applicable laws; (ii) all information You provide to FAIR Sports in connection with the Online Platform and Online Services is true and accurate to the best of Your knowledge; and (iii) You have all necessary rights to submit any Visitor Content.

You agree to defend, indemnify, and hold harmless FAIR Sports its Affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your breach of these Terms or the FAIR Rules; (b) Your use (or misuse) of the Online Platform or Online Services; (c) any Visitor Content You submit; or (d) Your violation of any third-party rights. FAIR Sports reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You agree to cooperate fully.

14. Copyright Agent

FAIR Sports respects intellectual property rights. If You believe Your copyrighted work has been infringed, please submit notice to admin@fairsports.org.

15. Changes to Terms

FAIR Sports may update or revise these Terms at any time without notice. Changes will be posted with an updated effective date. Continued use of the Online Platform constitutes acceptance of any updated or revised Terms as of that date.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.

If a dispute arises out of or relates to these Terms or Your use of the Online Platform or Online Services, You agree to first attempt to resolve the dispute informally through good-faith negotiation.

Informal negotiation requires that the party initiating the dispute first provide written notice to the other party describing the dispute in reasonable detail. Any such notice must be submitted on an individual basis and include, at minimum:

  1. the sender’s name and contact information;
  2. the email address associated with Your account, if applicable;
  3. a description of the nature and basis of the claim;
  4. the specific relief being sought; and
  5. proof of Your relationship with FAIR Sports.

If You are initiating a dispute against FAIR Sports, written notice must be directed to admin@fairsports.org.

If the dispute is not resolved through good-faith negotiation within twenty-one (21) days after receipt of the written notice of the dispute, You and FAIR Sports agree that the dispute shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted virtually, unless otherwise agreed by the parties. For the avoidance of doubt, the arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate.

In the event You or FAIR Sports initiates litigation in violation of these Terms, such action shall be subject to dismissal, with the reasonable fees and expenses of the non-initiating side paid by the side that initiated the action. Nothing in these Terms shall limit the right of You or FAIR Sports to seek an order from a court of competent jurisdiction: (i) dismissing litigation brought in violation of these Terms; or (ii) compelling arbitration in accordance with these Terms. Upon such order, the non-prevailing side shall pay all reasonable fees and expenses of the prevailing side. 

You and FAIR Sports stipulate and agree that any violation of the Governing Law and Dispute Resolution provision in these Terms shall constitute irreparable harm and that, on proof of a breach, the side seeking relief shall be entitled to equitable relief including, but not limited to, an injunction or specific performance, notwithstanding Section 11 of these Terms. 

17. Miscellaneous

  • If any provision of the Terms is found invalid, the remainder shall remain in effect to the fullest extent permitted by law.
  • FAIR Sports’ failure to enforce any provision of the Terms does not constitute a waiver thereof.

18. Contact

If You have questions about these Terms and Conditions, please contact us at admin@fairsports.org.

    Terms and Conditions | FAIR Sports - Forum of Arbitration & Independent Resolution