Terms of Service

These Terms govern Your access to and use of our website, located at 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.

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.

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.

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

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

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.

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.

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.

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 and 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.

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:

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.