FATE FOUNDATION TERMS AND CONDITIONS FOR THE SKY’S THE LIMIT
FATE Foundation LTD/GTE is a nonprofit organization registered under Part A of the Companies and allied matters act cap C20, LFN 2004 with a mission to foster wealth creation by promoting business and entrepreneurial development among Nigerians and supported by Youth Business International (YBI) and Accenture. The Sky’s The Limit (STL) platform is a mentoring and advisory platform for aspiring and emerging Nigerian entrepreneurs to be supported by experienced professionals and entrepreneurs.
This user agreement (“UA” or “User Agreement”) provides the terms governing your use of the sky’s the limit platform powered by FATE Foundation. Your use of the sky’s the limit platform constitutes your consent to this Agreement.
FATE foundation (“we”, “our”, “us”, “FATE foundation” “Services”, “digital platform”, “fatefoundation.skysthelimit.org” “sky’s the limit platform” or simply “Program Services”) mean all current and future sky’s the limit services provided by FATE foundation, including without limitation, access to an account on our system and the services offered through such account or otherwise, such as our services that collect information about your personal and professional history that allow us to match you with an advising/mentoring partner, allows your advising/mentoring partner to access information about you, and enables you and other users to find each other and connect for advice or industry expertise, as well as all assessments, diagnostic tools, and other materials provided by or through FATE foundation, whether in electronic, hardcopy or any other form. The Program Services include the services themselves and all intellectual property rights therein.
FATE FOUNDATION PROGRAM SERVICES MAY NOT BE USED BY MINORS, DEFINED AS UNDER 18 YEARS OF AGE. IF YOU ARE UNDER 18 YEARS OLD, YOU MAY NOT USE FATE FOUNDATION SERVICES, INCLUDING FATEFOUNDATION.SKYISTHELIMIT.ORG.
FATE FOUNDATION PROVIDES PROGRAM SERVICES ON A LIMITED BUDGET WITH LIMITED ORGANIZATIONAL CAPACITY. FATE FOUNDATION PRIORITIZES THESE LIMITED RESOURCES ON PROGRAM SERVICES FOR USERS LOCATED IN NIGERIA. PROGRAM SERVICES ARE NOT CURRENTLY INTENDED FOR USERS PHYSICALLY LOCATED OUTSIDE OF NIGERIA.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Program Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of FATE foundation Program Services following any changes to this Agreement will constitute your acceptance of such changes. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services.
This Agreement applies to all users of any current or future FATE Foundation Program Services, including, but not limited to advisees, advisors, mentees, mentors, internal consulting participants, volunteers, and program managers.
Our Program Services are not available to minors under the age of 18 or to any users whose accounts are suspended or terminated by FATE Foundation. Users are prohibited from having more than one account and are prohibited from selling, trading, or otherwise transferring or sharing their FATE Foundation account to or with any other person. If you do not qualify, you are not allowed to use our Program Services.
We may make available the ability to purchase or otherwise obtain certain products or services through the Program Services (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products and/or Services will be used only in a lawful manner.
You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions.
Users of the Services may make available certain materials (each, a “Recorded Entry”) through or in connection with the Services, including on profile pages (each, a “Profile”) or on the Services’ interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality (each, a “Forum”). FATE foundation has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Recorded Entries. IF YOU MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
You are responsible for maintaining the confidentiality of your login information and account, and are fully responsible for all activities that occur under your login or account with or without your knowledge. You shall not provide your login information to any other person. You agree to immediately notify us of any use of your account by any person other than yourself or any other breach of security.
For purposes of clarity, you retain ownership of your Recorded Entries. For each Recorded Entry, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Recorded Entry, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials, whether related to the Services or otherwise, it will be deemed a Recorded Entry, and you hereby acknowledge and agree that such Recorded Entry is not confidential, and that your provision of such Recorded Entry is gratuitous, unsolicited and without restriction, and does not place FATE foundation under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Recorded Entries, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Recorded Entry that you may have under any applicable law under any legal theory.
You agree that you will use your account and all other FATE Foundation Program Services at your own risk. We will not be liable for any loss or damage of any nature whatsoever that you may incur in connection with any use of your account or of any of our Products or Services.
You agree that we may, at any time, with or without cause, and without notice, suspend or terminate your account and/or access to any or all Program Services. Without limiting the foregoing, the following may, at our discretion, lead to a termination of your use of our Program Services: (a) breach of this Agreement or any other agreement, policy, rule, or guideline, (b) request by law enforcement or other government agency, (c) technical issues or problems, or (d) extended periods of inactivity. Furthermore, you agree that any suspension or termination, partial or full, shall be made in our sole discretion and that we shall not be liable to you nor to any third-party for any suspension or termination of your account or access to our Program Services.
You agree not to use our Program Services directly or indirectly to:
- Post any content, upload, make any email or other communication, or otherwise transmit or make available anything that is illegal, unlawful, libelous, defamatory, abusive, obscene, discriminatory, or otherwise objectionable.
- Use our Program Services for any purpose or in any manner that violates any law, rule, or regulation.
- Misrepresent your identity, or any facts about yourself or your background, or any facts about any other person, entity, or event, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresenting your affiliations with any person or entity, past or present.
- Post any content, upload, make any email or other communication, or otherwise transmit or make available anything that you do not have the right to disclose, including anything you are prohibited from disclosing under any law, contract, or fiduciary relationship (such as insider information, or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement).
- Post any content, upload, make any email or other communication, or otherwise transmit or make available anything that violates the rights of any person or entity, including without limitation anything that infringes upon any patent, trademark, trade secret, copyright or any other proprietary or intellectual property right.
- Post any content, upload, make any email or other communication, or otherwise transmit or make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, advertising, marketing, or promotion. This prohibition includes but is not limited to: a) using FATE Foundation invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact; b) using FATE Foundation to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
- Post any content, upload, make any email or other communication, or otherwise transmit or make available anything 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.
- Stalk or harass anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin or destination of any communication.
- Post content in fields that aren’t intended for that content.
- Interfere with or disrupt any Products or Services or servers or networks connected to our Program Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Program Services.
Advising/Mentoring Program Participants
In addition to all other terms of this Agreement, you also agree that the following additional terms shall apply if you participate in any FATE foundation advising/mentoring program:
You agree to honor confidentiality with your advising/mentoring partner and your advising/mentoring partner’s organization (your “Partner”). You agree that a duty is owed your Partner to maintain the confidentiality of Confidential Information of your Partner provided by your Partner or obtained by you. This means you shall treat such information as confidential and shall not use, disclose, duplicate, copy, transmit or otherwise disseminate such information (or permit it to be used, disclosed, duplicated, copied, transmitted or otherwise disseminated) at any time prior to or after the termination of this Agreement, except in pursuit of your Partner’s business or as specifically permitted in writing by your Partner, whether you have such information in your memory, electronically, or in writing or other tangible form. The term Confidential Information shall include:
- Any information of your Partner not generally known to the public, including, without limitation any trade secrets or proprietary information concerning your Partner, its sales, personnel or accounting procedures, accounts, operations, devices, techniques, methods, business plans, software (regardless of its state of completion or form of recordation), data processing programs, data bases, models, product proposals, internally devised technology, system or network architecture or topology, secret processes, products, capacities, systems, security practices, research development, machines, inventions, legal agreements, research projects and Work(s), and other means used by your Partner in the provision of products or services to customers and in the conduct of its business, whether or not developed, acquired or compiled by your Partner.
- Any information concerning customers and prospective customers of your Partner and/or the business activities of your Partner and/or its customers, including without limitation, trade secret and proprietary information concerning accounts, financial standing, investment holdings, your Partner’s marketing strategies and other personal financial data compiled by your Partner and/or provided by customers, specific financial needs and requirements with respect to investment, financial position and standing, leads, referral and references to customers, holding book or customer book pages, assets and obligations carried in accounts of customers, and all records and documents concerning the business and affairs of your Partner and/or its customers (including without limitation copies and originals and any graphic format or electronic media) whether or not developed, compiled or acquired by your Partner.
- The identity of any and all confidential or proprietary information or data belonging to or concerning any of your Partner’s customers and any third parties that is in the possession, custody or control of your Partner.
- Confidential Information shall not include information that (i) was or in the future becomes publicly available through no wrongful action on your part, (ii) was or in the future becomes known to you independent of your relationship with your Partner, (iii) was or becomes in the future developed by you without use of any Confidential Information and outside the scope of any arrangement with your Partner, or (iv) was or in the future becomes obtained by you from a third-party who has the right to provide such information to you at such time.
- You agree that cross-recruiting is not allowed. This means that nominating, soliciting, or otherwise recruiting your advising/mentoring partner to work for you, for your organization, or for any other person or organization is prohibited.
Participation in Online Communities
In addition to all other terms of this Agreement, you also agree that the following additional terms shall apply if you join, participate in, or view any of the FATE foundation virtual communities.
You agree to: (i) maintain the confidentiality of other community members by not discussing personal or group matters in “off-line” conversations or other communications; (ii) not to share any information with non-group members without the permission of the person posting the information; (iii) recognize and respect the diversity represented among participants; (iv) not engage in personal attacks, flames, or profanity, nor make offensive comments or judgments; disagreement is permissible and sometimes necessary, but attacks are unacceptable; (v) not post comments that could be construed as sexist, racist, homophobic, intolerant, or demeaning by any individual based on gender, age, disability, politics, religion, or sexual orientation; (vi) not use access to this community to market any products or services or otherwise engage in any form of solicitation; and (vii) not proselytize spiritual or religious beliefs or promote political candidates or causes.
We have the right to monitor activity and content associated with virtual communities; however, we are not obligated to do so, nor are we obligated to take any action relating to any such monitoring. While we reserve the right to remove any post or any other content from any community at our complete discretion, we are under no obligation to do so under any circumstances. We will have no responsibility for the accuracy, integrity, quality, or anything else relating to any post or any other content.
Furthermore, we do not necessarily agree with or endorse the content of any posts or other content.
Without limiting the foregoing, we may investigate any content and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, errors or omissions in content, or loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the FATE Foundation sky’s the limit website.
Program Services intended only for users in Nigeria
FATE Foundation is a nonprofit organization with a social impact mission to empower entrepreneurs in Nigeria. While we hope to expand our ability to provide Program Services outside Nigeria, we do not currently have the organizational capacity to do so. If you are a user who is not physically located in Nigeria, FATE Foundation Program Services are not intended for you. If we can develop the organizational capacity to serve international users, we will update this document accordingly.
Information Provided on this Website
No Crawling, Copying, Simulating, or Interfering
Use of manual or automated software, devices, or other processes to crawl or spider any web pages contained in our website is prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included therein. You also agree not to frame or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
FATE Foundation Communications
You understand and agree that the Company may place telephone calls by voice call and/or text messaging (including SMS and/or MMS text messages). You understand that the Company may contact you by telephone, including text messaging, any day of the week and at any time, and understand that you may incur charges related to such contact in accordance with my wireless telephone plan or otherwise. You understand that you do not need to sign this agreement, or otherwise agree, as a condition of using fatefoundation.skysthelimit.org services.
You agree to inform the Company if you wish to be removed from the telephone contact list. You understand that you may text “STOP” in response to any text message received from the Company, or use any other reasonable means to withdraw your consent to receive prerecorded/artificial voice messages, ATDS calls and text messages, including written communication, but that if you do so, cessation of texts and communications may prevent me from successfully learning about program and match opportunities. You further understand that if you withdraw your consent to receive text messages, prerecorded/artificial voice messages and/or ATDS calls, the Company may still contact you by other means, including live voice calls. You waive any right to a legal action under the Telephone Consumer Protection Act, or any similar state or federal law, in connection with any telephone contact from the Company.
Monitoring and Enforcement
While we reserve the right to monitor activity and content associated with any of our Program Services; we are not obligated to do so. We are not responsible for anything relating to any inaccuracy, lack of integrity or quality, or anything else regarding any information provided by any user. In using our website or other Program Services, whether the community forums or any other products or services, you may be exposed to content that is unlawful or that you find offensive or otherwise objectionable. You can contact us to let us know of content that you find objectionable.
Furthermore, you may contact us if you receive off-line communication from a community member that you find objectionable. We may investigate any such complaint or otherwise on our own volition and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing content, or suspending or terminating accounts and/or subscriptions. However, we reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website. Use of any of our Program Services will be at the risk of the user.
We reserve the right to charge for any of our Program Services or any portion thereof, and/or to modify the pricing of, add to, modify, or discontinue any of our Products or Services or any portion thereof without notice.
By accepting this UA, you agree to indemnify and otherwise hold harmless FATE foundation, their subsidiaries and affiliates, and our and their officers, directors, employees, independent contractors, agents, subsidiaries, affiliates, advisees, advisors, mentees, mentors and other partners from any damage, whether direct, indirect, compensatory, punitive, incidental, special, consequential, exemplary or otherwise resulting from: i) your use of any FATE Foundation Program Services; ii) unauthorized access to or alteration of your communications with or through any FATE Foundation Program Services, iii) any other matter relating to any FATE Foundation Program Services; or iv) any personal or business dealings, activities, interactions, or transactions that may occur between users.
Disclaimer of Warranties
FATE FOUNDATION PROGRAM SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (i) OUR PROGRAM SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR PROGRAM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR PROGRAM SERVICES WILL BE ACCURATE OR RELIABLE OR USEFUL, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FATE FOUNDATION PROGRAM SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR PROGRAM SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU MAY INCUR, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FATE FOUNDATION OR THROUGH OR FROM ANY FATE FOUNDATION PROGRAM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement constitutes the entire and exclusive agreement between you and FATE foundation and it supersedes any prior or contemporaneous agreements, understandings, or representations between you and FATE foundation. This Agreement may not be modified orally, nor may any part or breach be waived orally. No failure or delay in exercising any right shall operate as a waiver of that or any other right, nor shall any partial exercise of any right preclude any further exercise of that or any other right.
Limitation of Liability
ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FATE FOUNDATION KNEW OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. SUBJECT TO THE FOREGOING, IN NO EVENT WILL FATE FOUNDATION’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES CLAIM OF ANY NATURE WHATSOEVER EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES YOU HAVE PAID FATE FOUNDATION IN THE TWELVE MONTH PERIOD PRIOR TO THE DATE WHEN SUCH CLAIM ACCRUED OR THE NAIRA EQUIVALENT OF ONE HUNDRED ($100) DOLLARS.
FATE Foundation Intellectual Property
FATE foundation, the FATE foundation logo, and other FATE foundation logos and names are trademarks and/or service marks of FATE foundation. You agree not to display or use these trademarks and/or service marks in any manner without our prior written permission. You also agree not to remove or modify any FATE foundation copyright, patent or trademark notices or any FATE foundation trademarks from any FATE foundation web page or other electronic or hardcopy materials in which such notice or trademark is present.
This Agreement grants you a limited non-exclusive, non-transferable, terminable, restricted license to use our Program Services solely for your own use, subject to all the terms of this Agreement, including but not limited to our right to revoke that license at any time as provided in this Agreement.
You agree that we own all intellectual property rights in all FATE foundation Program Services, including but not limited to all intellectual property rights in all web pages, assessments, diagnostic tools, and other materials provided by or through FATE Foundation, whether in electronic, hardcopy or any other form. Nothing herein or otherwise shall be construed to transfer any such ownership rights to you.
You shall not do any of the following: (i) copy or reproduce, whether in paper or electronic or other media, any FATE foundation Program Services (or any part of them); (ii) modify any FATE foundation Program Services or materials except for the data fields or prompts designed for input of data; (iii) create any derivative works of any FATE foundation Program Services or materials; (iv) sell, lease, or sublicense any FATE foundation Program Services or materials, (v) make any FATE foundation Program Services or materials publicly available through a web site or other means; (vi) display or allow access to or use of any FATE Foundation Program Services or materials by persons or at facilities other than as authorized under an Agreement with FATE Foundation; (vii) use any FATE Foundation Program Services or materials in a way that would violate a law or regulation or that would be contrary to its intended use; (viii) decompile disassemble, reverse engineer, modify or enhance any FATE Foundation Program Services or materials; or (ix) refer to or otherwise use any FATE Foundation Program Services or materials as part of any effort to develop a program having any functional attributes, visual expressions or other features similar to those of any FATE Foundation Program Services or materials.
We may utilize rules and controls to protect the security of our Program Services and the online system through which they may be delivered, and you agree to comply therewith. These rules and controls are intended to protect our proprietary works, intellectual property, and other rights and interests. Your violation of any provision of this Agreement, including but not limited to any security rules or controls, is a material breach of this Agreement, and we may, in addition to any other legal remedy, immediately cease providing any or all FATE Foundation Program Services. You acknowledge that circumvention of any access controls is also a violation the law and we may take any action permitted by law or equity to enforce our rights thereunder or otherwise. All rights and remedies provided to us in this or any other part of this Agreement are cumulative and are in every case in addition to all other rights and remedies provided to us under law, equity, or otherwise.
Send any questions or comments, or report violations of this agreement to:
1st Floor, Lagos State Water Corporation,
Water House, Ijora Olopa,
This agreement will be governed by and construed in accordance with the laws of the federation of Nigeria, as applicable to contracts made and performed in Nigeria, without regard to the choice or conflict of laws principles or rules of any jurisdiction.
The terms of this agreement are governed by the laws of the federation of Nigeria, without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND FATE FOUNDATION, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE AND YOU AGREE THAT FATE FOUNDATION AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A COURT. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be governed by the Arbitration and Conciliation Act, Chapter 18, Laws of the Federation of Nigeria 2004 and administered by the Lagos Multi-Door Court house, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
If any part of this Agreement or application thereof is ever held to be invalid, then it shall be deemed modified to the extent necessary to make it valid and as best to advance the spirit of the Agreement, and any such invalidity or modification shall not affect any other part or application of this Agreement.
Successors & Assigns
This Agreement is binding upon the parties and their respective successors and permitted assigns. You shall not assign this Agreement, in whole or in part. We may assign this Agreement, in whole or in part, and you hereby consent to any such assignment.
You should be aware that when you use our websites, we may collect information by using ‘cookies’.
What Are Cookies
For more general information on cookies see the Wikipedia article on HTTP Cookies.
The cookies we use do not store personally identifiable information nor can they harm your computer. We want our website to be informative, personal, and as user friendly as possible and cookies help us to achieve that goal. We appreciate some users may like more individual control over their visit to our website and can adjust their settings accordingly. Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use. If you do not agree to such use, please refrain from using the website.
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore, it is recommended that you do not disable cookies.
The Cookies We Set
- Site preferences cookies
In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a page.
Third Party Cookies
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However, for further information contact us through one of our preferred contact methods: