Terms of Use

Acceptance of Terms

FairVendor.info provides its service to you, subject to the following Terms of Use, which may be updated by us from time to time without notice to you. In addition, when using particular FairVendor.info services, you and FairVendor.info shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

Proper Use

You agree that you are responsible for your own use of the Site, for any posts, comments, or chats you make, and for any consequences thereof. You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. FairVendor.info reserves the right, but shall have no obligation, to investigate your use of the Site in order to (a) determine whether a violation of this Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. Much of the Content of FairVendor.info — including the contents of specific postings — is provided by and is the responsibility of the person or people who made such postings. FairVendor.info does not monitor the Content of FairVendor.info and FairVendor.info, and takes no responsibility for such content. Instead, FairVendor.info merely provides access to such content as a service to you. By their very nature, FairVendor.info may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using FairVendor.info. FairVendor.info does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Site or endorse any opinions expressed via the Site. You acknowledge that any reliance on material posted via the Site will be at your own risk.

General Practices Regarding Use and Storage

You acknowledge that FairVendor.info may establish general practices and limits concerning use of the Site and its Content, including without limitation uploaded Content will be retained by FairVendor.info, the maximum number of email messages that may be sent from or received by an account on FairVendor.info, the maximum size of any email message that may be sent from or received by an account on FairVendor.info, the maximum disk space that will be allotted on FairVendor.info’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access FairVendor.info in a given period of time. You agree that FairVendor.info has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by FairVendor.info. You acknowledge that FairVendor.info reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FairVendor.info reserves the right to modify these general practices and limits from time to time.

Modifications to Site

FairVendor.info reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that FairVendor.info shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Content of the Site

FairVendor.info takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does FairVendor.info have any obligation to monitor such third-party content. FairVendor.info reserves the right at all times to remove or refuse to distribute any content on the Site, such as content which violates the terms of this Agreement. FairVendor.info also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of FairVendor.info, its users and the public. FairVendor.info will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

Intellectual Property Rights

FairVendor.info’s Intellectual Property Rights. You acknowledge that FairVendor.info owns all right, title and interest in and to the Site, including all intellectual property rights (the “FairVendor.info Rights”). FairVendor.info Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Site. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Site. As described immediately below, FairVendor.info Rights do not include third-party content used as part of the Site, including the content of communications appearing on the Site. Your Intellectual Property Rights. FairVendor.info claims no ownership or control over any Content submitted, posted or displayed by you on or through FairVendor.info services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through FairVendor.info services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through FairVendor.info services which are intended to be available to the members of the public, you grant FairVendor.info a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on FairVendor.info services for the purpose of displaying and distributing FairVendor.info services. FairVendor.info furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. You may choose to submit, post, and display any materials on or through the FairVendor.info service or FairVendor.info.com under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using FairVendor.info service tools to do so. For avoidance of doubt, FairVendor.info is not a party to any such public license between you and any third party. Also, for avoidance of doubt, FairVendor.info may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.

No Resale of the Site

Unless expressly authorized in writing by FairVendor.info, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Site, (b) use of the Site, or (c) access to the Site.

Publicity

Any use of FairVendor.info’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features”), including “FairVendor” and “FairVendor.info” must be in compliance with this Agreement and in compliance with FairVendor.info’s then current Brand Features use guidelines, which may obtained by contacting FairVendor.info at the following URL: Contact Us (or such other URL FairVendor.info may provide from time to time).

Dealings With Advertisers and Site Members

Your correspondence or business dealings with, or participation in promotions of, advertisers and Site members found on or through FairVendor.info, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or member. You agree that FairVendor.info shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or members on FairVendor.info.

Representations and Warranties

You represent and warrant that (a) all of the information provided by you to FairVendor.info to participate in the Site is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

Indemnity

You agree to defend, indemnify, and hold FairVendor.info, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, actions, or demands, liabilities and settlements including without limitation  reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use. You expressly understand and agree to defend, indemnify, and hold FairVendor.info, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FairVendor.info has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site.

General

FairVendor.info may not be legal in certain countries or by certain persons. If you access FairVendor.info you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the termination or expiration of this Agreement for any reason whatsoever: Dealings With Advertisers, Indemnity, Jurisdiction, Liability, Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with FairVendor.info, or in any way relating to your use of the FairVendor.info Site, resides in the courts of the State of Maryland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maryland in connection with any such dispute including any claim involving FairVendor.info or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Maryland, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition

Notice and Takedown Procedures; and Copyright Agent

FairVendor.info is in compliance with the federal Digital Millennium Copyright Act (“DMCA”) and will provide a response to notices of alleged copyright infringement that are in compliance with the DMCA and other applicable laws. If you suspect that any content available on FairVendor.info infringes on a copyright, including links to third-party websites, please notify FairVendor.info using the procedure for claimed infringement under the DMCA, 17 U.S.C. § 512(c)(3), as outlined in Section 1, below.

If we receive such a Notice, we will expeditiously remove or disable access to the allegedly infringing material in compliance with the DMCA. We will also put in a good faith attempt to contact the registered user or entity who allegedly posted the infringing material in order to provide them with a chance to provide a Counter Notification in compliance with the DMCA.

Due to the fact that parties providing Notice or Counter Notification under the applicable terms of the DMCA must state that the notice they submit is under penalty of perjury, any such party may desire to consult a lawyer before serving either a “Notice of Infringing Material,” or a “Counter Notification.”

Section 1: Notice of Infringing Material

To be effective, a notification of claimed infringement must be a written communication to our Designated Agent that includes substantially the following:

(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 at a single online site are covered by a single notification, a representative list of such works at that site.

(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 the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has 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.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must send your written Notice to the FairVendor.info Copyright Agent for Notice of Claims of Copyright Infringement pursuant to the DMCA who is:

Email: Contact Us Form

Section 2: Counter Notification

If you believe copyrighted material has been removed by FairVendor.info, by mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be effective a Counter Notification must be a written communication sent to our Designated Agent that includes substantially the following:

(i) Your physical or electronic signature.

(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which FairVendor.info may be found, and that you will accept service of process from the person who provided Notification to FairVendor.info under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

Send your written Counter Notification to the FairVendor.info Copyright Agent for Notice of Claims of Copyright Infringement pursuant to the DMCA, who is:

Email: Contact Us Form

Section 3. FairVendor.info Response to Counter Notification

Upon receipt of a counter notification, FairVendor.info:

(i) promptly provide the person who provided the Notification to us under Section 1, above, with a copy of the Counter Notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days; and

(ii) replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless our Designated Agent first receives notice from the person who submitted the Notification under 17 U.S.C. § 512 (c)(1)(C) [Section 1, above] that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our Site.

Complete Agreement

Except as expressly provided in a specific “legal notice” on the FairVendor.info Site, these Terms of Use and the FairVendor.info Privacy Policy constitute the entire agreement between you and FairVendor.info with respect to the usage of FairVendor.info and Content.