Safe Online Marketing Ltd
YOU AGREE THAT BY USING THE FOLLOWING SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. BY BECOMING A MEMBER OF FAIROPTIONS YOU AGREE TO THE FOLLOWING Terms & Conditions
FairOptions is operated by Safe Online Marketing LTD (hereafter noted as 'SOM'). SOM is registered in the United Kingdom Registration No. 8649671 with its trading address being; Stowe House, 1688 High Street, Solihull, West Midlands, B93 0LY.
These terms and Conditions (hereafter, "the Terms”) are effective and binding upon all subscribing (whether paying monthly subscriptions or not) members (hereafter known as Members).
By accepting the Terms in the online enrolment process of SOM, a Member elects to enter into a Contract with SOM with confidence in SOM’s integrity and SOM’s expressed intention of dealing fairly with all its Members. SOM enters into this Contract with the awareness that its growth depends upon responsible Members who conduct their FairOptions businesses free of false, deceptive, or misleading advertising, marketing and practices. SOM enters into this Contract with confidence in the Members’ integrity, ability, duties, obligations and responsibilities. The following Terms govern the way a Member conducts their FairOptions business through SOM and with other Members. Members agree to abide by the Terms as currently published, and as may be amended. Any interpretation, clarification, exclusion, or exception to these Terms, in order to be effective, must be in writing and signed by an authorised officer of SOM. Where the text of the Contract permits, the singular use of a word includes the plural and vice versa. In addition, one gender includes any gender. All monetary amounts are GBP unless indicated otherwise.
1. Purpose of FairOptions and its Service. FairOptions offers a digital information service to its Subscribing Members the nature of which is in relation to our opinion of the forecasted outcome of various sports fixtures. This opinion cannot be relied upon in any manner.
2. Independent Contractor Status. Members are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between SOM and its Members does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Member. Members shall not be treated as an employee for his or her services for tax purposes. All Members of the Company are responsible for paying any taxes due from all commissions earned while abiding by the liabilities as laid down by the country they reside in.
3. Communication. In addition, a Member agrees that SOM may contact the Member by the provided telephone number or E-mail address concerning his or her FairOptions Business and Member status during the term of this Contract. Members also acknowledge that they agree to accept electronic copies (scans, reprints or other formats) as being the same as the original documents, and those documents, requests, and authorisations submitted electronically on behalf of the Member are explicitly deemed to have the same force in law as their manual signature.
4. FairOptions Information. To access information from the FairOptions website or through other electronic or physical means, a Member agrees to comply with all requirements designated for such access. All data will remain, at all times, the exclusive property of SOM. Any unauthorised use or disclosure of data constitutes misuse, misappropriation, and a violation of the Contract and is acknowledged to cause irreparable harm to FairOptions or SOM. Members agree that upon any violation of this paragraph, the Member will stipulate to injunctive relief, enjoining such use under applicable national, state or local law, and retrieve and return to SOM all existing information previously provided to the Member, and that intended or unintended misuse of any information may be cause for termination of a Member’s FairOptions Business, whether or not such misuse causes irreparable harm to SOM, FairOptions or one of its Members. SOM reserves the right to restrict the nature and scope of such information at its sole discretion, including the number of levels a given Member may have access to, as well as the type and amount of information made available at any level.
5. Registration (FREE). An individual can register without charge and thereafter will have limited access to the FairOptions website. Registration alone does not entitle that individual to any of the paid services.
6. Monthly Subscription. Monthly Subscription refers to the amount (and type) of sports fixture information (service) the member will receive. The information (although we use sophisticated computer AI to assist in our selections), they are still our opinion on the forecasted outcome of said sports fixture. The details of the service for each membership level can be found in the ‘Monthly Subscription’ Section on the Dashboard and within the Affiliate Details menu option. Members have the option of which service they subscribe to on a monthly basis. Changes to a membership level can be made at any time. Subscription payments are strictly non refundable. SOM is not registered for VAT in the UK and in the EU. To establish the place of supply for taxation purposes we will need to obtain and keep 2 pieces of non-contradictory information to support and evidence the member state where the member is normally located. To meet this requirement we will use each member’s residential address and Internet Protocol (IP) address.
7. The service. SOM offers a digital information service. The service is deemed as information provided through the FairOptions website, through emails, SMS messaging (and any other mechanism to arrive as development continues), to it's paid members relating to a future sporting fixture. The nature and frequency of information provided for each membership level is listed as prescribed in the Monthly Subscriptions. This information is merely an opinion as to the outcome of a sporting fixture and does not constitute in any way as a certainty of the outcome and therefore should not be relied upon. Each member chooses how to apply this information. FairOptions is not responsible for this information being wrongly interpreted and or applied. The delivery of this information will be communicated to the member in a timely manner ahead of each sporting fixture commencing. FairOptions is not responsible for any delays in a member receiving such information. As part of the Service, additional information will be offered to all members periodically over and above of the service prescribed in their paid membership level. Credits can be exchanged for this information by all Members.
8. Credits. Credits can be purchased by all Members who are subscribed to one of the membership levels. The purpose of these credits could be used for the purchase of additional information of a future sporting fixture, over and above members paid level. This feature is not currently used, but could be activated at such times that this becomes applicable. When available the cost and nature of the information will be sent to the member by email and SMS messaging (if enabled) periodically. The member can confirm whether they wish to exchange previously purchased credits for the full information of the sporting fixture. Each credit has a value of £1.00 Credit balances can be seen in each member’s dashboard.
Credits are also used to enable SMS sending. In order to keep down the cost of membership, for members that do not wish to use SMS, it is required that to enable SMS, the member exchanges an amount of credits each month to pay for the sending of SMS.
9. Recurring Billing. FairOptions services have a Monthly Recurring charge. FairOptions will automatically charge the monthly membership fee using the method chosen for the first purchase. A member will be able to cancel their subscription at any time, this will automatically stop future billing on the anniversary date and on said date, membership access will be cancelled. When your service is cancelled, access to the FairOptions website will immediately be restricted.
Cancelation is achieved from the members back office. A link is provided called "Cancel My Monthly Subscription". This will send an email to the member for clarification. Once the link in the email is clicked, the member's subscription is automatically cancelled.
10. Commissions. Members will receive commissions when introducing Members to FairOptions. They will also receive commissions when those Members introduce other Members in line with their current paid member level as described in the Affiliate Details Section. Members may also receive additional commissions from their introductions when additional services are exchanged for previously purchased credits. A full explanation of these commissions can be seen in the Affiliate Details menu section, inside Promotional Tools Menu. Commissions are paid for each fortnight period, one week in arrears and are paid on the 2nd and 4th Friday of each calendar month.
10.1 Commissions are paid using PayPal. Members will need to open their own payment processor accounts. Once commissions have been transferred into a Members payment processor accounts, SOM is not responsible for the loss of or theft of any funds.
11. FairOptions Affiliate Program. Details can be found in the Affiliate Details Menu, which is inside the Promotional Tools menu option.
12. Member Lists. SOM desires to protect its Members who subscribe to FairOptions from inappropriate and unfair competition. Lists of Members and any activity reports, referrals and other information regarding Members (hereinafter “Lists”), whether partial or complete, provided by or originating from FairOptions or any Member or Vendor may not be reproduced in any way or in any part by a Member. The Lists are the confidential and proprietary property of SOM. SOM has derived, compiled, configured, and currently maintains Lists through the expenditure of significant time, computer programming and monetary resources. Lists, in present and future forms and as amended from time to time, constitute commercially advantageous proprietary assets and trade secrets of SOM, which Members agree to hold confidential. Lists shall not be disclosed by Members to any third party or used for any purpose other than in the performance of their obligations under the Contract and for the benefit of FairOptions and the Member’s FairOptions Business. Lists are provided for the exclusive and limited use of the Members to facilitate the training, support, and service of the Member’s referrals to further the Member’s FairOptions Opportunity.
13. Member Accounts. There is no limit to the number of accounts that may be held per household as long as the each member account has a different username and email address.
15. Intellectual property. SOM owns and licenses all intellectual property and other rights, title, and interest in and to the Site, Content and Service, and the materials accessible on the Site and Service, except as expressly provided for in the Agreement. Without limitation, SOM owns the trademarks, copyrights and certain technology used in making the Site, its Content and Service available. Except as specifically allowed in this Agreement, the copying, redistribution, use or publication by you of any Content or Service is strictly prohibited. We grant you a limited revocable license to access and use the Site, Content and our Service for its intended purposes, subject to your compliance with this Agreement, and if you are an Active Member of FairOptions, your Agreement to the Terms. The revocable license does not include the right to collect or use information contained on the FairOptions website or through the Service for purposes that SOM prohibits or to compete with SOM. No ownership or other interest or other license in or to any patent, copyright, trademark, trade secret and other intellectual property right or to the Content is being granted, assigned or transferred in this Agreement or by reason of your access to, and use of, the Site, Content or Service. If you use the Site or our Service in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately.
16. Confidentiality. For the purposes of this Agreement, "Confidential Information" shall be deemed to include all the information and materials that: (i) if in written format is marked as confidential, or (ii) if disclosed verbally is noted as confidential at time of disclosure or (iii) in the absence of either (i) or (ii) is information which a reasonable party would deem to be non-public information and confidential, including, without limitation, all information provided on or through the Site or Service, trade secrets, inventions, research methods and projects, methods of compiling information, methods of creating database, data processing programs, software, computer models, source and object codes, product formulations, strategies and plans for future business, product and service development and ideas, potential acquisitions or divestitures, marketing ideas, financial information including with respect to costs, commissions, fees, profits and sales, mailing lists, information concerning our affiliates and customers, potential affiliates and customers and suppliers, and employee information including their respective salaries, bonuses, benefits, qualifications, abilities and contact information. You acknowledge and agree that the nature of the Confidential Information to which you have, and will continue to have, access to derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which SOM competes. You acknowledge that you are receiving the Confidential Information in confidence and will not publish, copy or disclose any Confidential Information without prior written consent from SOM. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to our software or any other software supplied hereunder. You acknowledge that you will only use the Confidential Information to the extent necessary to use the Service and promote your business in accordance with your agreement with SOM, and that you will use best efforts to prevent unauthorised disclosure of the Confidential Information to any third party. You agree not to alone or in association with others use the Confidential Information to (i) solicit, or facilitate any organization with which you are associated in soliciting, any employee, affiliate or customer of ours to alter his, her or its relationship with us; (ii) solicit for employment, hire, or engage as an independent contractor, or facilitate any organisation with which you are associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by or under contract with us at any time during the term of this Agreement (provided, that this clause (ii) shall not apply to any individual whose employment or contractual relationship with us was terminated for a period of one year or longer); or (iii) solicit business from or perform services for any customer, supplier, licensee, or business relation of ours; induce or attempt to induce, any such person or entity to cease doing business with us; or in any way interfere with the relationship between any such person or entity and us. You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that SOM may determine to recover damages sustained by reason of each such breach, without prejudice to SOM 's right to also seek injunctive or other equitable relief. Other than as expressly provided for herein, in no event shall you be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information. You agree that all originals and any copies of the Confidential Information remain the property of SOM. You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by us, on all permitted copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession or control to us at its request. You shall be liable for any and all breaches of this Agreement and any unauthorised use or disclosure of Confidential Information. If you become compelled by applicable law, regulation or legal process to disclose any of the Confidential Information, you shall promptly provide us with notice in order for us to seek a protective order or other appropriate remedy. Further, if you become compelled to disclose any of the Confidential Information, you must disclose only that portion of the Confidential Information you are legally required to disclose as confirmed by a legal opinion of your counsel at your expense.
17. Use of the site, content and service. You may only use the FairOptions website, Content and it's Service's to promote your FairOptions business, as expressly permitted in writing by us. You may not cause harm to the website or Service. Specifically, but not by way of limitation, you may not: (i) interfere with the website, Content or Service by using viruses, programs, or technology designed to disrupt or damage any software or hardware, or which attempts to assess the vulnerability of, or actually violates, any security feature; (ii) access any content or data not intended for you, or log into an account or server that you are not authorised to access; (iii) modify, create derivative works, reverse engineer, decompile or disassemble any technology used to provide the website or our Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the website or our Service, except in the operation or use of an Internet "search engine," hit counters, or similar technology; (v) collect electronic mail addresses or other information from third parties by using the website or our Service; (vi) impersonate another person or entity; (vii) engage in any activity that interferes with another user's ability to use or enjoy the website, or content or our Service; (viii) assist or encourage any third party in engaging in any activity prohibited by this Agreement; (ix) co-brand the website, or content or our Service; (x) frame the website or Service; (xi) hyper-link to the website or Service, without the express prior written permission of an authorized representative of SOM; (xii) use the website, Content or Service, in whole or in part, for any purpose that is unlawful, immoral, or prohibited by this Agreement or any applicable local, state, or federal law, rule, or regulation; (xiii) use the website, Content or Service in any manner that could damage, disable, overburden, or impair the website or Service; (xiv) circumvent, or attempt to circumvent, any security feature of the Site; (xv) upload, e-mail or otherwise transmit to or through the website or Service, any advertising, promotional, or other unauthorised communication, including, without limitation, "junk mail," "surveys," unsolicited e-mail, "spam," "chain letters," or "pyramid schemes;" or (xvi) incorporate data from any of our databases into any emails or other "white pages" products or services, whether browser-based, based on proprietary client-side applications, or web-based, without our prior, express and written consent. If you purchase any of our products or services, you agree that your use of the product or service is limited by this Agreement as well. Most areas of the website are password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorised user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorised third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorised use of your account or any other breach of security in relation to your password or the Site that is known to you.
18. User Content. User Content means all content created by you, which includes but is not limited to audio, video, images, photographs, logos, illustrations, animations, tools, written posts, comments, data, text, software, graphics, scripts, themes, and/or interactive features. Keep in mind that once you post something on a blog thereby making it available on the Internet and to the public, it may be practically impossible to take down all copies of it. By posting, downloading, displaying, performing, transmitting, or otherwise distributing any of the above forms of information or other content to the Site or Service, you are granting us, a transferable, non-exclusive license (including the right to sub-license license), perpetual, irrevocable, worldwide and royalty free to use, possess, copy, transmit, publicly display, distribute, sell, host, store, cache, disclose, perform, modify, edit, translate, reformat, import, export and prepare derivative works of such User Content through multiple tiers of distribution in any and all media now known or hereafter invented (including, without limitation, the right to conform it to the requirement of any networks, devices, services, or media through which the website or Services are available). No compensation will be paid with respect to the use of your User Content as provided herein. We are under no obligation to post or use any User Content you may provide and may remove User Content at any time in our sole discretion. You agree that SOM may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the website or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorise to post, distribute, display, perform, transmit, or otherwise distribute User Content. Except as otherwise set forth herein, you retain ownership of all intellectual property rights in your User Content, and SOM and/or third parties retain ownership of all intellectual property rights in all Content other than User Content. You retain ownership of any intellectual property, URLs, and/or domain names you use or post or Service.
19. Compliance with intellectual property laws. When accessing the website or using the Content or Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service, Content and website is at all times governed by and subject to laws regarding intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding intellectual property ownership and use, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your user name. The burden of proving that any content does not violate any laws or third party rights rests solely with you. All trademarks, service marks, trade names and copyrights displayed on the Site or in the Content are proprietary to us or their respective owners. You acquire no rights or licenses in or to any trademarks, service marks, trade names or copyrights displayed on the website. You may not reproduce, republish, distribute, assign, sub-license, retransmit, sell, or prepare derivative works of the website or Content, or resell or make our Service available to others. All rights in and to the Site, Service and our Content not expressly granted in this Agreement remain in us or in our licensors.
20. No solicitation. Members are free to participate in other affiliate marketing business ventures or marketing opportunities (collectively “network marketing”). However, during the term of this Agreement, Associates may not directly or indirectly recruit other FairOptions members for any other sports information and/or network marketing business.
21. Copyright Infringement. SOM has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the website, in the Content or with the Service. SOM has adopted a policy that provides for the immediate suspension or termination of any website or Service user who is found to have infringed on the rights of SOM, the FairOptions service or a third party, or otherwise violated any intellectual property laws or regulations. SOM 's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SOM to delete, edit or disable the material in question, you must provide SOM with all of the following information: A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed, identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; identification of the material that is claimed to be infringed 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 SOM to locate the material; a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to SOM 's Head Office; address found at the start of this document.
22. Alleged violations. SOM reserves the right to suspend or terminate your use of any Service or the Content or website. NO WARRANTIES SOM HEREBY DISCLAIMS ALL WARRANTIES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, THE SERVICE OR THE CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH CONTENT, SERVICES, SOFTWARE AND PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, ARISING OUT OF, OR IN CONNECTION WITH, THE SITE, SERVICE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING AND ANY LIABILITY WITH REGARD TO THE SITE, CONTENT AND SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICE. YOUR USE OF THE WEBSITE, SERVICE AND CONTENT IS AT YOUR SOLE RISK. ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE WEBSITE OR CONTENT OR OTHERWISE USE OR RECEIVE INFORMATION OR SERVICE FROM OR REGARDING THE SITE, CONTENT, OR YOUR PURCHASES FROM US. WE DO NOT WARRANT THAT THE SITE OR SERVICE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR SERVICE. WE ARE NOT RESPONSIBLE OR LIABLE FOR MAINTAINING ANY CONSUMER DATA OR FOR THE DELETION, CORRUPTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE OF ANY CONSUMER DATA OR FOR ANY THIRD PARTY ACCESS TO ANY CONSUMER DATA. WE MAKE NO WARRANTY OR REPRESENTATION AS TO THE LEVEL OF SUCCESS, IF ANY, INDIVIDUALS MAY ACHIEVE BY USING ANY OF OUR SERVICES. INDIVIDUAL RESULTS MAY VARY AND DEPEND ON MANY FACTORS INCLUDING AN INDIVIDUAL'S SPECIFIC FINANCIAL SITUATION, EFFORTS AND ACTIONS. YOU SHOULD SEEK THE ADVICE OF QUALIFIED PROFESSIONALS SUCH AS AN ACCOUNTANT, ATTORNEY AND/OR PROFESSIONAL ADVISOR FOR SPECIFIC ADVICE FOR YOUR BUSINESS.
23. Income Disclosure No earnings projections, promises or representations You recognise and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your involvement with SOM or in FairOptions and that we have not authorised any such projection, promise, or representation by others. Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not). There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as "average earnings".
24. Due diligence You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice. Nothing contained on the website or in materials available for sale or download on the website provides legal advice in any way. You should consult with your own solicitor/attorney on any legal questions you may have. We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
25. Related Sites. SOM has no control over, and no liability for any third party sites or materials ("Third Party Sites"). SOM works with a number of partners and affiliates whose Internet sites may be linked with the FairOptions website. Because SOM has no control over the content and performance of these Third Party Sites, SOM makes no guarantees about the accuracy, currency, content, or quality of the information provide by such Third Party websites, and SOM assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Third Party Sites. Similarly, from time to time in connection with your use of the FairOptions website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that SOM makes no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this Third Party websites, and that, unless expressly provided otherwise, this Agreement shall govern your use of any and all Third Party Sites. Your linking to such Third Party Sites is at your own risk. We do not investigate, monitor, or check such Third Party Sites for accuracy or completeness. We are not responsible for the availability of these Third Party Sites, nor are we responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. We are providing these links to you only as a convenience and may discontinue providing such links at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Site contained in, referred to, included on, or linked from or to, the Site. Under no circumstances shall we or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Site's administrator or webmaster. Any links to Third Party Sites do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of ours. SOM, its managers, Members of FairOptions may receive an affiliate commission when you purchase our services. By entering into this Agreement, you acknowledge that you have been informed of such payments, consent to payments of affiliate commission, and that such payments are fair and reasonable.
26. Termination. You agree that, under certain circumstances, SOM may suspend or terminate your use of the FairOptions website or Service, including without limitation, if SOM believes, in our sole and absolute discretion, that you have breached any term of this Agreement. You acknowledge and agree that all suspensions and terminations shall be made in SOM 's sole discretion and that SOM shall not be liable to you or any other party for said suspension and termination. Upon termination, your right to use the website, Content or Service and everything accessible by or through the website, Content or Service shall terminate and the remainder of this Agreement shall survive indefinitely unless and until we chose to terminate it. Upon termination of any part of this Agreement for any reason, we shall make reasonable efforts to ensure that your User Content is inaccessible and cease use of it; however, you acknowledge and agree that: (i) caching of, copies of, or references to the User Content may not be immediately removed or possible to remove; (ii) such removed User Content may continue in backups (not available to others) for a relatively short period of time; and (iii) due to re-blogging capabilities, such removed User Content may continue to be available (and stored on our servers) through the accounts of other subscribers.
27. Notices. All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) text message or (iii) electronic mail. If you give notice to us, you must use the address found at the start of this document. If SOM provides notice to you, SOM will use the contact information provide by you to us. All notices will be deemed received as follows: 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
28. Indemnity. You agree to indemnify, defend, and hold SOM, its managers, members, officers, directors, employees, consultants, agents, and representatives harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including attorney's fees and related costs, which (i) arise or in part from your act(s) or omission(s); (ii) arise from or are related to a breach you have any express warranty contained herein; or (iii) failure to comply with this Agreement. We have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, this Agreement, the website, or your access to or use of the website or Content. If an action is brought against SOM in respect to any allegation for which indemnity may be sought, SOM will promptly notify you of any such claim of which it becomes aware and will: (i) provide reasonable cooperation to you at your expense in connection with the defense or settlement of any such claim; and (ii) be entitled to participate at its own expense in the defense of any such claim. SOM agrees that you will have sole and exclusive control over the defense and settlement of any such third party claim. However, you agree not to acquiesce to any judgment or enter into any settlement that adversely affects SOM 's rights or interests without the prior written consent of SOM.
30. Severability ; Waiver If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
31. Modifications. SOM may, in its sole discretion and without prior notice, (i) revise this Agreement; (ii) modify the website, Content or the Service, and (iii) discontinue the website, Content or Service at any time for any revision. Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately upon such positing. In the event of substantive changes to this Agreement, the new terms will be posted to the website. If any modification is unacceptable to you, your only recourse is not to use the website and Service and to request an immediate termination of your membership. Your express consent or continued use of the website, Content or our Service following positing of a change notice or new Agreement on the website will constitute binding acceptance of the changes. Advertisements. Advertisements in newspapers, websites, social media, magazines, directories, radio and television must be legal, decent, honest and truthful. Advertisements in hand-outs, brochures, audio and videotapes and similar promotional material which invite you to join the site must show, the name and address of the Member.`It is illegal for a Member to persuade anyone to make a payment or part with any means demonstrated by the site, by promising benefits from getting other people to join the site. It is important to not mislead others by claims that high earnings can be easily achieved.
32. Miscellaneous. This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement will not be assignable or transferable by you without SOM prior written consent. This Agreement contains the entire understanding of the parties regarding use of the website and Content, its subject and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the same. Any rights not expressly granted herein are reserved. You are independent contractors, and no agency partnership, joint venture or employee-employer relationship is intended or created by this Agreement. The provisions of this Agreement addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law shall survive the termination of this Agreement. “It is illegal for a promoter or participant in a trading scheme to persuade anyone to make a payment by promising benefits from getting other people to join a trading scheme. Do not be misled by claims that high earnings can be easily achieved.” BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE AGREEMENT, AS AMENDED FROM TIME TO TIME.