Terms of Use – FAIR Floridians Against Increased Rates

FLORIDIANS AGAINST INCREASED RATES, INC. TERMS OF USE

BY USING OUR WEBSITE, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Thank you for visiting fairfl.org. This Website is owned and operated by Floridians Against Increased Rates, Inc. “You” or “your” means and refers to you as a user of the fairfl.org website (the “Website”). “We,” “our,” “us” or “FAIR” refers to Floridians Against Increased Rates, Inc. and our Website.

USE OF THE WEBSITE AND ACCEPTANCE OF TERMS.

Please carefully review the terms of use (the “Terms of Use”) of this Website and the terms of our Privacy Policy (as described below) before using this Website, or any services related to our Website. These Terms of Use contain important information regarding your legal rights, remedies and obligations. They include various limitation and exclusions. By using this Website, you agree to be bound by and acknowledge your acceptance of these Terms of Use.

If you do not agree to these Terms of Use, or if you do not agree with our Privacy Policy, please do not use the Website or any services offered through the Website. By accessing, browsing, submitting information to, accessing materials and information, signing up for a membership or otherwise using the Website, you acknowledge and agree to be bound to these Terms of Use. FAIR does not knowingly collect information from minors. Minors should only use this Website under the supervision of an adult.

From time to time, we may update these Terms of Use. For significant changes, we will notify you by posting a prominent notice on our Website indicating at the bottom of the Terms of Use when it was most recently updated. As such, we encourage you to please check the Terms of Use periodically for material changes. You agree to be bound by all the provisions of these Terms of Use that are displayed on the Website on the date you use the Website. Your continued use of the Website indicates your acceptance of all of the provisions of these Terms of Use that are displayed on the Website on the date of such use.

RESTRICTIONS ON USE

You acknowledge that this Website, the services, any underlying technology used in connection with this Website and/or the services, and all software, material, information, graphics, animations, audio, video, photos, and other data (the “Content”) available on this Website or through the services provided by FAIR, its licensors or approved third-party providers are the copyrighted works of such third parties. Except as may otherwise be specifically provided in these Terms of Use you may not use, copy, distribute, republish, upload, post or transmit any Content without the prior written consent of FAIR. Modification of the Content for any purpose may violate FAIR or its licensor’s intellectual property rights. The Content on this Website is provided for lawful purposes only.

SUBMISSIONS

All personally identifiable information, content, designs, ideas, graphics, or other information that you send to us or otherwise make available through this Website or the services (together, the “Submissions”), is and remains your property. FAIR’s practices relating to the use and protection of any personally identifiable information provided to FAIR through the Website are detailed in FAIR’s Privacy Policy (as described below). You consent to FAIR’s collection, use, storage and transmission of such Submissions, including any personally identifiable information, for FAIR’s Purposes and activities. By sending, commenting, reviewing, uploading, posting or otherwise making available any Submissions, you automatically warrant you have rights as owner of the Submissions to grant and do hereby grant to FAIR a perpetual, royalty-free, fully-paid up, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, store, disclose consistent with the terms of the Privacy Policy, and transmit the Submissions through the Website and/or the services, for any and all commercial and non-commercial purposes. You acknowledge that you are responsible for all Submissions that you submit, and you, not FAIR, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and/or copyright.

Any Submission posted to the Website will be deemed NOT CONFIDENTIAL. By posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submissions.

In addition to the warranty and representation set forth above, by posting a Submission, you warrant and represent that: (a) you are the copyright owner of your Submission or you have the permission of the copyright owner; and (b) you have the rights necessary to grant the license described in these Terms of Use. You acknowledge that FAIR is not responsible for the accuracy of any Submissions. All Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the persons from whom such Submissions originated. This means that you, and not FAIR, are entirely responsible for all Submissions that you post to the Website.

SECURITY MEASURES

FAIR has taken reasonable and appropriate steps and has employed industry-standard practices and technology to ensure the integrity and confidentiality of personally identifiable information; but because even the most secure computer system can be violated, FAIR cannot guarantee absolute security.

IMPORTANT: Please keep in mind that whenever you voluntarily disclose information about yourself in the public domain, it is likely to be collected and used by third parties. These third parties may use your information to contact you or for unauthorized purposes. Also, please remember that no one can guarantee the absolute security of information transmitted electronically.

OBLIGATIONS OF WEBSITE VISITORS

You agree not to do any of the following while visiting or using the Website or any services provided by or through the Website:

restrict or inhibit any other user from using and enjoying the Website or the services;
impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of FAIR;
post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;
post or transmit comments containing harassing or offensive language or engage in disruptive activities online;
post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters” or any other form of solicitation on the Website or through the Website or the services;
post, upload or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other intellectual property and/or proprietary rights;
post or transmit material that encourages or provides instructional information about illegal activities, in particular hacking, cracking or distribution of counterfeit software;
solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
access or use password protected, secure or non-public areas of the Website or the services without authorization;
frame, repackage, or otherwise redistribute any portion of the Website or the services; or
use the Website or any services to collect personally identifying information about users of the Website or the services, or conduct any activity in violation of the FAIR’s Privacy Policy.

FAIR may terminate your access to the Website and/or the services at any time for any reason or no reason, including, but not limited to, as a result of your violation or threatened violation of any of the obligations described above, in FAIR’s sole and absolute discretion. FAIR will not be liable to you or any third party as a result of such termination. The terms and conditions provided in these Terms of Use will survive any such termination.

THIRD PARTY WEBSITES AND DOWNLOADABLE MATERIALS

This Website may contain downloadable materials and links to external sites. FAIR is not responsible for, and has no control over, the content of any such third party owned downloadable materials or external sites. You understand that FAIR cannot and does not guarantee or warrant that files or software of any kind, from any source, that are available for downloading through this Website or the services or through third party websites linked to this Website, will be free of infection, viruses, worms, Trojan horses or other code or defects that contain or incorporate contaminating or destructive properties. Links to other websites do not imply an endorsement of the materials, products, content, or ideas displayed on, or disseminated at or through those websites, nor does the existence of a link to FAIR’s Website imply that the organization or person publishing at that website endorses any of the materials or ideas at this Website. FAIR reserves the right to disable links from third-party websites to any of FAIR’s websites at any time without prior notice.

PRIVACY POLICY

Our policies concerning the use of your personal information are set forth in our Privacy Policy available at: fairfl.org/privacy. The terms of the Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in the Privacy Policy. By using this Website, the services and/or the materials or Content provided through this Website or the services, you agree to waive and release FAIR from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of the Privacy Policy.

INDEMNIFICATION

You agree to indemnify and hold FAIR, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of any content you submit, post to, email, or otherwise transmit through this Website and/or services, including claims of infringement by third parties, your use of this Website and/or the services, your connection to this Website or the services, or your breach of these Terms of Use or any applicable terms and conditions of sale.

TERMINATION

You may discontinue your participation in and access to the Website or services at any time. You acknowledge and agree that FAIR may terminate or block your use of all or part of this Website and/or the services, without prior notice and for any reason or no reason at all. You agree that upon termination or discontinuance for any reason, FAIR may delete all information related to you on the services and may bar your access to the Website and/or your use of the services.

MEMBERSHIP APPLICATION

To use and take advantage of certain of the services, you may wish fill out a membership application to join FAIR. You are not required to become a member of FAIR. No dues are required to join FAIR.

INTELLECTUAL PROPERTY

The Website and relevant content of the Website are protected by copyright, trademark and other laws of the United States. FAIR and its licensors, exclusively own all right, title and interest in and to the Website and content and any materials that may be available or downloaded such as data, articles or other information, including all associated intellectual property rights. All trademarks, service marks, and logos referenced or appearing on the Website are the property of FAIR or their respective owners. The Website’s content, including but not limited to, all designs, photographs, graphics, videos and other imagery, may not be used, copied, downloaded, republished, reproduced, adapted, modified, distributed, licensed, sold, transferred, transmitted, streamed, broadcasted or otherwise exploited without FAIR’s prior express written permission. FAIR’s names, trademarks, service marks, and logos that appear on the Website may not be used in any manner or for any purpose without FAIR’s prior express written permission.

DMCA AGENT POLICY

We respect the intellectual property rights of others, and require that the people who use this Website and/or the services do the same. If you believe that your work appears on this Website or the services and has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: (i) Your address, telephone number, and email address; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of where the alleged infringing material is located; (iv) A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

GENERAL TERMS AND CONDITIONS

These Terms of Use will be governed and interpreted in accordance with the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. If any party institutes a lawsuit or other action or proceeding pertaining to these Terms of Use, any right or obligation of any party hereunder, or any breach of these Terms of Use, then the sole and exclusive venue and jurisdiction for filing and maintaining any such lawsuit or other action or proceeding shall be in the Courts sitting in Orange County, Florida or the U.S. Middle District of Florida and each party waives the right to institute or maintain any such suit, action or proceeding in any other courts or forums whatsoever.

By using the Website, you consent and submit yourself to the personal jurisdiction of such court. You agree that in the event of a breach by you of any provision of these Terms of Use, FAIR shall be entitled to seek and obtain injunctive or other equitable relief, or both, in each case without the requirement to post any bond or other form of security, and without such act constituting an election of remedies or disentitling FAIR to each and every remedy available at law or in equity for a breach of this Agreement by you. These Terms of Use, together with any applicable terms and conditions of sale and the Privacy Policy constitute the entire agreement between the parties relating to the use of this Website and the services. FAIR may revise these Terms of Use at any time without providing notice by posting updates to these Terms of Use on the Website.

DISCLAIMER; LIMITED WARRANTY

THE CONTENT AND MATERIAL ON THIS WEBSITE AND/OR THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FAIR MAY MAKE CHANGES TO THIS WEBSITE OR THE SERVICES AT ANY TIME. THIS WEBSITE, THE SERVICES AND THE CONTENT AND MATERIALS ON THIS WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FAIR MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL ALWAYS BE AVAILABLE FOR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, THE SERVICES AND ALL MATERIAL AND CONTENT OFFERED THROUGH THE WEBSITE AND/OR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FAIR DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVICES, THE FUNCTIONS CONTAINED ON THIS WEBSITE OR THE SERVICES, OR THE MATERIALS OR CONTENT ON THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES OR REQUESTS WILL BE DELIVERED OR RECEIVED, OR THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE IMPLEMENTED PROCEDURES TO PREVENT SUCH CONTAMINATING COMPONENTS FROM INFECTING YOUR COMPUTER AND ITS DATA. FAIR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF THIS WEBSITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS WEBSITE RELATED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL FAIR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, STOLEN INFORMATION OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO THIS WEBSITE, THE MATERIALS, CONTENT OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR THE MATERIALS, CONTENT, OR SERVICES OFFERED ON THIS WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FAIR, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, THE SERVICES OR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS WEBSITE OR THE SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS WEBSITE OR THE SERVICES. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. FAIR’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION RELATED TO THIS WEBSITE AND THE SERVICES, THE MATERIALS AND CONTENT ON THIS WEBSITE OR YOUR ACCESS OR USE OF THIS WEBSITE, THE SERVICES OR THE MATERIALS AND CONTENT OFFERED THROUGH THIS WEBSITE WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS WEBSITE OR THE SERVICES.

SEVERABILITY; WAIVER

If any provision of these Terms of Use are found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law or equity, the remaining provisions of these Terms of Use that can be given effect without such void or unenforceable term or provision, shall be given full effect and binding on the parties. FAIR’s failure to enforce strict performance of any provision of these Terms of Use, or to penalize any violation of these Terms of Use, does not constitute a waiver of future violations.

LAST UPDATED: APRIL 13, 2021