Effective January 1, 2016
You can browse Fortua and contribute to campaigns on Fortua without signing up, but to fully use Fortua’s functions, you need to sign up and create a password. When you sign up, the information that you provide must be accurate and complete. Do not impersonate anyone or choose names that are offensive or that violate anyone’s rights. If you do not follow these rules, we may cancel your account.
You are responsible for all of the activity on your account, and for keeping your password confidential. If you find that someone has used your account without your permission, please contact us to let us know.
To sign up for Fortua and its Services, you must be at least 18 years of age, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of your age as well as other questions to verify your identity.
You are not eligible to use the Services if you have previously been suspended from using the Services for any reason and we have not explicitly authorized you to resume using the Services. We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any campaign, contribution, or the Services at any time for any reason without liability.
Be nice, behave yourself
Fortua is a supportive community built on honesty, respect, openness, trust and follow-through. Everyone who is part of our community operates on these principles and that’s a big part of what makes Fortua great. You are responsible for making Fortua a safe, vibrant, and valuable place for everyone. Do not do any of these things on the Site:
- Do not take any action that violates the law, infringes or violates other people’s rights, or breaches any contract or legal duty you have with anyone.
- Do not post information that is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.
- Do not offer rewards or request commitments that are illegal, violate any of Fortua’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Do not do anything threatening, abusive, harassing, defamatory, libelous, destructive, obscene, profane, or invasive of another person’s rights or privacy.
- Do not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Do not run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
- Do not distribute software viruses, or anything else (code, programs, films etc.) designed to interfere with the proper function of any software, hardware, or equipment on the Site.
- Do not abuse other users’ personal information in any way. If your campaign is funded, you may receive information about your backers, including their names, email addresses, and mailing addresses. This information is provided for the purpose of fulfilling your obligation to backers. Do not use it for any other purpose, and do not abuse it.
- Do not interfere in any way with the proper workings of the Services.
- Do not bypass any systems, processes, policies, or guidelines in place to secure the Services.
- Do not try to damage or get unauthorized access to any data, system, password, or other information belonging to Fortua or any other affiliated party.
- Do not do anything that imposes an unreasonable load on our systems, infrastructure, or third-party providers. Fortua reserves the right to determine what is unreasonable.
- Do not use any device or software to “crawl” or “spider” any part of the Site.
- Do not reverse engineer any aspect of Fortua in an effort to access source code, algorithms, or other information unique to Fortua.
- Do not violate any of Fortua’s guidelines or policies.
Campaign creators and their backers
Fortua provides a venue for campaign creators to connect with backers, and vice versa. When a campaign creator posts a campaign on Fortua, they are inviting other people to form a contract with them. Anyone who contributes to (“backs”) a campaign is accepting the campaign creator’s offer, and is forming a contract with the campaign creator. Fortua is not part of this contract. The contract is a legal agreement between campaign creators and their backers. The following are the terms that govern this agreement between campaign creators and their backers:
- When a campaign is funded, the campaign creator must use best effort to complete the pursuit or project; share their insights with backers as their pursuit or project unfolds; and fulfill their rewards to backers. After a campaign creator has done this, they have satisfied their obligations to their backers.
- Campaign creators owe their backers honest and candid communication, and their best effort to complete their pursuit or project.
- Backers understand that when they back a campaign, they are helping to make something new and unique happen in the world. They also understand that there is risk associated with this. There may be changes and delays, and something unforeseeable may prevent the campaign creator from completing their pursuit or project as originally planned and promised.
- If a campaign creator is unable to complete their pursuit or project and provide their backers with the promised insights and rewards, they have failed to live up to the basic obligations of this agreement. To correct this, campaign creators must use their best effort to find an alternative way to bring the pursuit or project to the best possible conclusion for backers. A campaign creator in this position will have remedied the situation and met their obligations to backers if:
- They post an update that explains what has been done, how funds were used, their insights and lessons learned to date, and what is preventing them from finishing the pursuit or project as planned;
- They work diligently and in good faith to bring the pursuit or project to the best possible conclusion in a timely manner for backers, and they clearly communicate their timeline for conclusion to backers;
- They demonstrate that they have used the funds appropriately and that they have used best effort to complete the pursuit or project as promised;
- They are candid and honest in their communication, and have made no material misrepresentations to backers; and
- They offer to return any remaining funds (in proportion to the amount contributed) to backers who have not received their reward and insights, or explain how the remaining funds will be used to complete the pursuit or project and their commitment to backers in some alternative form.
- Campaign creators are solely responsible for fulfilling the promises that they make to backers as part of their campaign, pursuit and project. If they are unable to satisfy the terms of the agreement, they may be subject to legal action by their backers.
The following are terms that apply for campaign creators:
- If your all-or-nothing campaign is successful in reaching its funding goal, Fortua and its payment processor will deduct fees prior to transmitting the proceeds of your campaign to your account. If you run a keep-it-all campaign fees will be deducted as contributions are made to your campaign and the proceeds will be transmitted to your account.
- After your campaign has been funded and the proceeds of your campaign are in your account, you can refund a backer’s contribution at any time at your discretion. If you do this, the agreement between you and that specific backer is null and void, and you have no further obligation to that backer.
- Some backer contributions may not be collectible – due to unforeseen financial circumstances, expiration of a backer’s credit card, etc. – at the end of a successful campaign, which may reduce the amount of funding that you receive. For this reason, we cannot guarantee that the amount of funding that you receive will be equal to the total amount contributed by your backers minus fees.
- There may be a delay – for a variety of reasons – in transmitting funds to your account following completion of a campaign. You agree to be patient as we transmit funds to your account, and further, you agree to not take any action on your funds until the funds are fully transmitted into your account and you have the ability to withdraw them yourself.
- Some backer commitments may not be received, realized, or collectible due to unforeseen circumstances following a successful campaign. Fortua cannot guarantee that the commitments that you receive in your campaign will be made whole. Nor can Fortua guarantee the quality, safety, craftsmanship, timeliness, or condition of any commitments that you receive. You, as the campaign creator, are responsible for managing the commitments that you receive, and for ensuring that they meet your standards for successful execution of your pursuit or project. Fortua is not responsible for this.
- If funded, the responsibility for fulfilling the obligations associated with your campaign lies entirely with you. You, as the campaign creator, are responsible for acting in good faith and using best effort to make your agreement with backers whole. Fortua is not responsible for this.
The following are terms that apply for backers:
- As a backer, you are solely responsible for asking questions and investigating campaign creators and their campaigns to the extent you feel necessary before making a contribution or commitment. Your contributions and commitments are made voluntarily, at your sole discretion and risk.
- As a backer of an all-or-nothing campaign, you are only charged if the campaign that you are backing reaches its funding goal. You will provide your payment information when you back a campaign, but you will not be charged. Your payment will only be collected if the all-or-nothing campaign reaches its funding goal by the campaign deadline. If the all-or-nothing campaign does not reach its funding goal by the campaign deadline, you will not be charged and no funds will be collected.
- Fortua and its payment processor may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to your full contribution amount between the time you back a campaign and the collection of funds.
- The timeframe noted for any reward is the campaign creator’s best estimate of when they will be able to provide that reward, it is not a guarantee from the campaign creator that they will fulfill the reward by the date or timeframe specified. You understand this, and you understand that the schedule may change as the campaign creator works on a pursuit or project. Campaign creators are expected to communicate clearly with you, and to use their best effort to provide rewards in the timeframe noted.
- In order to fulfill rewards, campaign creators may request information from you, for example your mailing address, T-shirt size, etc. In order to receive your reward, you must provide accurate information in a timely manner to the campaign creator.
- The responsibility for completing a pursuit or project and fulfilling the obligations associated with a campaign rests entirely with campaign creators. You, as a backer, are not responsible for this. Nor is Fortua responsible for this. Fortua cannot hold funds or offer refunds on a campaign creator’s behalf. You, as a backer, understand this.
- Fortua cannot guarantee that contributions and commitments will be used as promised, that campaign creators will deliver insights and rewards, or that a pursuit or project will achieve its goals. Fortua does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any campaign, insight, reward, commitment or contribution, or the truth or accuracy of user content posted on the Site. You, as a backer, understand this, and you understand that campaign creators are expected to operate in good faith and to use best effort to fulfill the obligations of their agreement with you as a backer.
You are responsible
Fortua is not liable for any damages or losses related to your use of the Services.
- We do not oversee the performance or punctuality of any campaigns, rewards, commitments, insights, pursuits or projects on the Site.
- We do not endorse any content users submit to the Site.
- We do not become involved in disputes between users, or between users and any third party related to the use of the Services.
When you use the Services, you release Fortua from any and all claims, damages, and demands – including those that are known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to the Services. All content that you access through the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party.
Setting up an account and creating a fundraising campaign on Fortua is free. By using the Services, you agree to our fees. If a campaign is funded, Fortua and its payment processor collect fees. If an all-or-nothing campaign is not successful in reaching it's funding goal by the specified deadline, then no fees are applied, and no money ever changes hands between campaign creators and their backers. Contributions are usually made by credit card. Fortua’s payment processor is its own independent company, and Fortua is not responsible for its performance or the performance of any affiliated third party payment processing service. Users are responsible for paying all taxes and any additional fees associated with their use of the Services.
Users are responsible for paying all taxes associated with their use of the Services. We encourage users to consult with a licensed tax advisor from their local jurisdiction to understand and prepare for any tax obligations associated with funds raised or contributed on Fortua.
Fortua partners with other companies (e.g. WePay) for payment processing. When you create or back a campaign, you agree to our payment processors’ terms of service.
Fortua may contain links to other websites, for example campaign fundraising pages, updates and comments, etc. may link to other websites. When you access third party websites through Fortua, you do so at your own risk. We are not responsible for and do not control or endorse such sites in any way.
Your property is your property (not ours)
While using the Services, you and other users may post photos, videos, content, text, graphics, logos, artwork and other audio or visual materials (collectively, "User Content"). Fortua does not own the content that you submit or post while using the Services – this content is yours. You hold all ownership interest in your User Content. So that Fortua may operate and support the Fortua community, you grant Fortua, and others acting on our behalf, a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, exercise, publicly display, publicly perform, store, reproduce, modify, edit, reformat, excerpt, delete, translate, create derivative works from, and distribute your User Content on or in connection with the Services and our related advertising, marketing, informational, and promotional activities. You represent and warrant that your User Content and Fortua’s use of such User Content will not infringe or violate any third party's intellectual property rights, proprietary rights, contract rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law. You are responsible for your User Content. You also understand that all User Content submitted to Fortua, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated. Fortua is not responsible for mistakes in your User Content, and Fortua is not liable for any errors or omissions in your (or anyone else’s) User Content.
Fortua’s property is Fortua’s property
Fortua’s Services are legally protected in variety of ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. As a user, you agree to respect all copyright and other legal notices, information, and restrictions contained in any content on the Site. You also agree not to change, translate, or otherwise create derivative works of the Service. If you wish to use, reproduce, modify, distribute, or store any of the content from the Services for a commercial purpose, you need prior written permission from Fortua or the relevant copyright holder. “Commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
License to use Fortua
Fortua grants you and other users a limited, non-exclusive, non-transferable, revocable license to use the Services subject to your and other users’ eligibility and continued compliance with these Terms.
Claims of copyright infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act ("DMCA") or that any User Content infringes your intellectual property rights and is accessible via the Services or in connection with our promotion of the Services, please notify us at email@example.com per the instructions below. "Infringement" means the unauthorized (without permission) use of copyrighted material or other intellectual property rights. For your complaint to be valid, you must provide the following information in writing ("Notice of Infringement"):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complainant").
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed 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 Fortua to locate the material.
- Information reasonably sufficient to permit Fortua to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
- A statement that the Complainant has a good faith belief that use of the material in the manner complained of is unauthorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to our DMCA Agent ("Designated Agent") by mail and email to the following addresses:
Attention: Legal Department
PO Box 210
Hingham, MA 02043
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
If you believe that your material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information ("Counter-Notice") within 5 business days from your receipt of the Notice of Infringement:
- A physical or electronic signature of the owner or authorized user of material;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material; and
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the Complainant or an agent of such person.
Upon receipt of the Counter-Notice by the Designated Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Fortua, at its discretion, may replace the removed material or cease disabling it in not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless the Designated Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to your unauthorized use of the material on the Service.
If you fail to provide required information or follow this process, your Notice of Infringement or Counter-Notice is incomplete so no action will be taken. You and the Complainant are encouraged to work to an amicable resolution.
In accordance with the DMCA and other applicable laws, Fortua has adopted a policy of terminating, in appropriate circumstances and at Fortua's sole discretion, repeat infringers.
Maintaining a safe and healthy venue
Fortua is committed to maintaining a safe and healthy venue for our community. We reserve the right to:
- Reject, cancel, interrupt, remove, or suspend any campaign, pursuit, or project at any time and for any reason.
- Make changes to the Fortua Site and Services without notice or liability.
- Determine who is eligible to use Fortua. We can cancel accounts or decline to offer Services to anyone. We may change our eligibility criteria at any time.
- Cancel any contribution or commitment to any campaign, at any time, for any reason.
Fortua is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action. We do not take these decisions or powers lightly. We will operate in good faith, and we will only exercise these powers when we have to.
FORTUA HAS NO FIDUCIARY DUTY TO YOU. YOU AGREE TO USE THE SERVICES SOLELY AT YOUR OWN RISK. THEY ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
FORTUA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FORTUA OR ITS AFFILIATES SHALL CREATE ANY WARRANTY.
You agree to defend, indemnify and hold harmless Fortua, its parents, subsidiaries, affiliates, agents, contractors, representatives, consultants, employees, officers, and directors from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to your use of the Services, breach of these Terms or violation of any laws. Fortua reserves the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you will cooperate with Fortua and will help us in asserting any defenses.
Limitation of liability
FORTUA (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTRACTORS, SUBCONTRACTORS, OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING (IN THE AGGREGATE) THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO FORTUA FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FORTUA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
FOR THE AVOIDANCE OF DOUBT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FORTUA (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTRACTORS, SUBCONTRACTORS, OR LICENSORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES: I) RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; II) RESULTING FROM YOUR CHOICES, JUDGEMENT, ATTEMPT TO COMPLETE A PURSUIT OR PROJECT, EQUIPMENT FAILURE, SKILL LEVEL, FITNESS, TRAINING, PREPARATION, PLANNING, NEGLIGENCE, OR USE OF EQUIPMENT WHETHER PROPER OR IMPROPER; III) FOR ANY LOST PROFITS, DATA LOSS, OR COSTS OF PROCUREMENT; IV) FOR ANY CONDUCT OF CONTENT OF ANY THIRD PARTY ON THE SITE. PER THIS CLAUSE IN NO EVENT SHALL FORTUA’S LIABILITY FOR DAMAGES EXCEED (IN THE AGGREGATE) THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO FORTUA FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE.
Sole responsibility, understanding, and assumption of risk
In consideration of Fortua and the Services helping you (and other users) to activate, actualize, and participate in (any and all) outdoor, adventure and active lifestyle pursuits or projects (the “Activities”), you, for yourself, and on behalf of your spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, agree to and make the following representations:
- I represent that: i) I am in good health and in the proper physical and mental condition to participate in the Activities; ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely prepare for, plan for, and participate in the Activities, and I agree that it is my sole responsibility to determine whether I am sufficiently healthy, fit, skilled, and prepared to participate in the Activities.
- I understand and acknowledge that the physical and mental rigors associated with the Activities may be inherently dangerous and may represent an extreme test of my physical and mental limits and condition. I understand that my participation in the Activities may involve risks and dangers which include, without limitation, the potential for serious bodily injury; sickness and disease; permanent disability; paralysis; loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents; contact or collision with other participants, spectators, vehicles, natural or manmade objects; dangers arising from adverse weather conditions; dangers arising from imperfect conditions existing on the property or in the environment where the Activities are taking place; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond my control or beyond the immediate control of other participants, spectators, and the organizers of the Activities; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (collectively, the “Risks”). I understand that these Risks may be caused in whole or in part by negligence, as well as my own actions or inactions, the actions or inactions of others participating in or observing the Activities, or the actions or inactions of the organizers whoever they may be. I expressly assume all such Risks and sole responsibility for any damages, liabilities, or losses which I may incur as a result of my participation in the Activities.
- I agree to be familiar with and to abide by all rules and regulations established for the Activities in which I participate. I also accept sole responsibility for my own conduct and actions while participating in these Activities and the condition and adequacy of any equipment, tools or technology that I might own, use, share or supply in conjunction with the Activities.
- I release, waive, covenant not to sue, and agree to indemnify, defend and hold harmless my backers and Fortua together with its parents, subsidiaries, affiliates, agents, contractors, representatives, consultants, employees, officers, and directors with respect to any liability, claims, demands, causes of action, damages, and losses (collectively, “Liability”) which may arise out of, result from, or relate to my participation in the Activities, including claims for Liability caused in whole or in part by the actions or inactions or negligence of Fortua or my backers. I further agree that if, despite this Agreement, I, or anyone on my behalf, make a claim for Liability against my backers or Fortua, I will indemnify, defend, and hold harmless my backers and Fortua from any such Liability which any may be incurred as a result of such a claim.
- I warrant that I have carefully read and understand this entire clause, and acknowledge that I agree to it freely and voluntarily, without any inducement, assurance or guarantee as part of my acceptance of these Terms.
These Terms are personal to you. You cannot assign them, transfer them, or sublicense them without Fortua’s prior written consent. Fortua has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without restriction and without your consent.
Termination and survival
You may terminate your account at any time. Fortua may retain your and other user account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of this agreement shall survive termination of an account, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree that: i) the Services shall be deemed solely based in Massachusetts (the principal place of business and corporate headquarters of Fortua); and ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Fortua, either specific or general, in jurisdictions other than Massachusetts. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
Arbitration and dispute resolution
You agree that any and all disputes or claims that have arisen or may arise between you (as well as any other users like you) and Fortua relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claim qualifies. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing the claim to our registered agent, The Company Corporation, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, Attention: Fortua, LLC – Arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial. You and Fortua also both agree that either may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in Plymouth County or Suffolk County in the State of Massachusetts. Subject to the arbitration provisions set forth above, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, costs, and disbursements. Fortua is not responsible for, nor will it reimburse fees for claims that the arbitrator determines are frivolous.
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you state that you are: i) not a citizen, or otherwise located within, an embargoed nation, including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time; and ii) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a campaign is deemed to be in violation of Export Laws.
You understand and agree that Fortua may provide notices to you via email, written notice, or by conspicuously posting a notice on the Services.
Changes and updates
Fortua may alter these Terms at any time, so please review them frequently. If a material change is made, Fortua may notify you in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at Fortua’s sole discretion, in good faith, and using common sense and reasonable judgment.
Consistent with our interest in continuing to improve the Services for you and the entire Fortua community, we love to hear from you and other users, and we welcome your comments, ideas, proposals or suggestions for the Site and Services. To avoid future misunderstandings, when new products, services, or features developed internally by Fortua might be similar or even identical to a submission received by Fortua from you or any other user, the following policy applies: i) all third party user submissions shall be considered non-confidential and non-proprietary; ii) Fortua has no obligation concerning the submission, contractual or otherwise, including, without limitation, confidentiality; iii) Fortua is not liable for any use, misuse, or disclosure of any submission; and iv) Fortua is entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other third party who made the submission.
No legal advice
Nothing contained in these Terms or the Services constitutes legal advice. If you or any other user has questions regarding legal rights or legal obligations, please consult a qualified attorney.
Entire agreement and severability
These Terms and the other material referenced in them are the entire agreement between you and Fortua with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Fortua with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Fortua to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.