FairX Terms of Use

May 25, 2021

1. Acceptance of Terms. These terms of use are a legal agreement entered into between you and LMX Labs, LLC, operating as FairX (referred to herein as “LMX,” “Fair Exchange,” “FairX,” “we,” or “us”) and, together with any documents expressly incorporated by reference (collectively “Terms of Use”), govern your access and use of www.fairx.com including any content, information, systems, services, functionality, or software accessed through or on www.fairx.com (“Website”).  By accessing all or any part of the Website you fully acknowledge, accept, and agree to comply with these Terms of Use.

2. Updates. We may in our sole discretion make unscheduled deployments of changes, updates or enhancements to the Website at any time, add or remove functionality or features, and may discontinue any part or the entire Website, but we are under no obligation to update the Website.

3. Termination of Access. FairX may terminate your access to the Website, with or without notice, for any reason, including no reason, or for any action that is prohibited or that We determine to be inappropriate or disruptive to the Website or any other user of the Website.  Prohibited actions include, but  are not limited to, altering, corrupting, hacking, or violating any computer code affecting the security and access controls of the Website, and using the Website in connection with any fraudulent or illegal activities.

4. Privacy. To access the Website or some of the resources they offer, you may be asked to provide certain registration details or other information You are responsible for ensuring that all the information you provide to us on the Website is correct, current, and complete. All information we collect on the Website, including all information you provide to register with the Website or otherwise, including but not limited to the use of any interactive features on the Website, is handled in accordance with, and explained in further detail in our Privacy Policy located at www.fairx.com/privacy-policy

5. Third Party Links. The Website may contain links to other sites and resources provided by third parties, these links are provided for your convenience only including any links contained in advertisements, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You access any third-party websites linked to this Website at your own risk and subject to the terms and conditions of use for such websites.

6. Proprietary Rights. The Website and all content, features, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof are owned by We, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to these Terms of Use, We grant to you a personal, nonexclusive, non-transferable, non-sublicensable license to use the Website. Unless expressly authorized by Us, you may not sell, copy, distribute, or create any derivative works based on the Website, in whole or in part

7. Disclaimer of Warranties. Your use of the Website is at your own risk. The information and materials have not been verified or authenticated in whole or in part by Us, and We disclaim any obligation to do so, and they may include inaccuracies or typographical or other errors.  FairX does not warrant the accuracy or timeliness of the information and materials contained on the Website.  We have no liability, whatsoever, for any errors or omissions,  or losses resulting therefrom.

WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION TO THE MERCHANTABILITY, QUALITY OF THE WEBSITE OR ITS FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED SERVICE OR ERROR-FREE SERVICE, OR THE SEQUENCE, TIMELINESS, ACCURACY OR COMPLETENESS OF THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT: (I) YOU MAY EXPERIENCE INTERRUPTIONS OR ERRORS IN THE WEBSITE; AND (II) THE WEBSITE MAY, FROM TIME TO TIME, BE TEMPORARILY UNAVAILABLE.

8. Limitation of Liability and Remedies. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, IN NO CIRCUMSTANCES SHALL WE OR ANY THIRD PARTY, BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, UNAUTHORIZED INTERCEPTION OF INFORMATION, OR OTHER SECURITY THREATS RELATING TO THE WEBSITE, EVEN IF FAIR EXCHANGE, ITS AGENTS OR ADVISORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

9. Indemnity. You agree to indemnify and hold harmless FairX and its officers, agents, and employees from and against any and all claims, demands, costs, damages and or penalties arising out of any failure by you or any agent acting on your behalf to fully observe these Terms of Use or by reason of any use by you or such agent of any information or images provided on this Website.

10. Modification of these Terms of Use. We may revise or otherwise modify these Terms of Use at any time and impose new or additional terms or conditions on your use of the Website by posting the revised terms on the Website. Any revised and additional Terms of Use will become effective immediately upon being posted on the Website and your continued use of any of the Website after such posting shall be deemed your acceptance of the amended Terms of Use.

11. General Terms. The Terms of Use are the complete and exclusive statement of the agreement between the parties and supersedes all prior agreements, oral or written, and all other communications between the parties concerning the subject matter of these Terms of Use. The failure of either party to exercise any right or remedy under these Terms of Use or at law shall not prevent any further exercise of that right or remedy. You may not assign these Terms of Use without the prior written consent of FairX. If any part, term or provision of these Terms of Use is held illegal, invalid or unenforceable, the validity or enforceability of the remainder of the Terms of Use shall not be affected. The headings in these Terms of Use are for convenience only and have no legal effect.

12. Feedback. If you send or transmit any communications, comments, questions, suggestions, or related materials to Us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary, to the extent permitted by applicable law. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

13. Choice of Law. These Terms of Use and your use of the Website shall be governed by the internal laws of the State of Illinois, and the federal laws of the United States, without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Cook County , Illinois. This choice of jurisdiction does not prevent Us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. With respect to an unauthorized user there are no time limitations with respect to any action brought by We other than the applicable statute of limitations.