Third Party Sites
Linking to the Site
Generally, FTUSA does not mind if you have a text link from your web site to the Site. However, you may not frame or “mirror” the Site or incorporate pieces of it into a different web site or product. Links to the Site must clearly identify FTUSA as the source of information displayed and preserve the integrity of web pages associated with the Site without alteration. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation. FTUSA reserves the right to block or restrict any link at any time for any reason.
Except for content provided by third parties and User-Generated Content (as defined below), which, in each case, is owned by the licensors of such content (collectively, “Third Party Content”), FTUSA is the owner of all text, graphics, user interfaces, visual interfaces, photographs, taglines, video media, artwork, sound, and any other materials, in whatever format, (collectively, “FTUSA Content” and together with Third Party Content, the “Content”), and the structure, selection, coordination, expression, “look and feel” and the arrangement thereof, and all intellectual property rights, including, without limitation, all copyrights and trademarks therein or otherwise associated with the Site, with all rights reserved. You acknowledge and agree that all Content available on or through the Site, and all trademarks, logos, taglines, as well as the structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
FTUSA cautions you that some documents, photos, and other content may have been published on the Site with the permission of the relevant copyright owners (who are not controlled by FTUSA). All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.
If you have any questions about the non-exclusive license granted herein or if you would like to request additional rights, please email us at firstname.lastname@example.org.
From time to time, some of the Content displayed on the Site may be submitted, transmitted, posted, or otherwise provided by you or other users of the Site over whom FTUSA exercises no control (“User-Generated Content”). Such users are solely responsible for any User-Generated Content displayed on the Site. Except as otherwise agreed to in writing by FTUSA, FTUSA disavows responsibility for User-Generated Content to the extent permitted by law, and has no obligation to screen any User-Generated Content in advance. FTUSA may in its sole discretion at any time remove or alter any User-Generated Content or take any other actions with respect to such User-Generated Content. FTUSA has no liability or responsibility to users for performance or nonperformance of such activities. Should you come across any content that you find objectionable, you can bring it to our attention by e-mailing us at email@example.com.
Other than with respect to Feedback (which is assigned to FTUSA as described below), you own and retain the copyright in any original User-Generated Content you post or submit to us for display on the Site. We do not claim ownership of any copyrights in User-Generated Content.
However, by using this Site, you are granting FTUSA and its subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize User-Generated Content you post or submit in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post or submit any User-Generated Content that you do not wish to license to us, including any confidential information or product ideas. If you are submitting User Generated Content through the Partner Portal, please see our Terms of Service.
upload, post, transmit or otherwise make available
any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another's privacy;
any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
any User-Generated Content that is false, misleading, or fraudulent;
any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
any request for or solicitation of any personal or private information from any individual;
any request for or solicitation of money, goods, or services for private gain;
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
violate any local, state, national or international law, rule or regulation.
From time to time, the Site may provide you an opportunity to communicate with FTUSA to provide User-Generated Content or other information that specifically concerns how FTUSA can improve the Site and/or the products and services made available through the Site or advertised on the Site (collectively, “Feedback”). Please be aware that any Feedback communicated to FTUSA through the Site or otherwise, whether such Feedback consists of suggestions, ideas, graphics, or other material, will be treated as nonconfidential and nonproprietary. Any Feedback you submit, transmit, or post becomes the exclusive property of FTUSA. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without crediting or compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Registered User Account, Password, and Security
In order to access a particular Site or some features of the Site (such as the Partner Portal or Fair Trade Campaigns), you may need to create a user account with an e-mail address and/or other business or personal information. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of any user ID and password, and you are fully responsible for all activities that occur under your account. FTUSA disclaims any and all liability or responsibility for such use.
Disclaimer of Warranties and Liability
You should not rely on the Site being complete, reliable, and up to date. You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content. In exchange for using such data, information, or content, you agree not to hold FTUSA or any of its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site.
All content and services included in or available through the Site, including without limitation any user-generated content, are provided “as is” and “as available” for your use and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or noninfringement. FTUSA does not warrant that the content is accurate, reliable or correct; That the site will be available at any particular time or location; That any defects or errors will be corrected; Or that the content is free of viruses or other harmful components. Your use of the site is solely at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, such exclusions may not apply to you.
To the extent permitted by law, FTUSA shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages related in any way to the Site, any content, or any services available throughout the Site, or that result from the use of, or inability to use, the Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if FTUSA has been advised of the possibility of such damage. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, and in such circumstances FTUSA shall have the least amount of liability permitted by law but in no event greater than one hundred united states dollars (US $100).
Procedure for making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to FTUSA:
an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works;
identification of the content that you claim 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 FTUSA to locate the content;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
Please email such notice to firstname.lastname@example.org.
Choice of Law and Forum
Severability and Integration
FTUSA reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or to remove any content and materials from the Site, with or without notice. You agree that FTUSA shall not be liable to you or any third party for any termination of your access to the Site or for removal of information from the Site.
Arbitration. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) relating in any way to the Site, or any FTUSA terms, conditions or policies relating to the Site (“Dispute”) that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of these arbitration provisions (“Arbitration Agreement”). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and FTUSA, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. All in-person arbitration proceedings shall take place in Oakland, California unless the parties mutually agree otherwise.
Notice and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Dispute, and the requested relief. A Notice to FTUSA should be sent to: email@example.com.
If the Dispute is not resolved within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules: Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Arbitration Agreement. The JAMS Streamlined Arbitration Rules governing the arbitration are available online at http://www.jamsadr.com. The arbitration shall be conducted by a single, neutral arbitrator. Any Dispute where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Non-Appearance: If FTUSA elects non-appearance based arbitration, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits: The arbitration action must be initiated and/or demanded within one year of the date on which the event giving rise to the Dispute arose and within any deadline imposed under the JAMS Rules for the pertinent claim. Any Dispute that does not meet these deadlines is waived.
Waiver of Class or Consolidated Actions: All disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one person, entity or user cannot be arbitrated or litigated jointly or consolidated with those of any other person, entity or user.
Confidentiality: All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive: Fair Trade shall have the ability to waive any portion of this Arbitration Agreement.
Emergency Equitable Relief: Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Last updated: June 2020