FTN Data - Terms of Use

Terms and Service

Acceptance of the Terms of Use

The following terms and conditions (the "Terms of Use") are entered into by and between You and FTN Network, LLC. ("Company", "we" or "us"). The Terms of Use govern your access to and use of www.ftndata.com (the "Platform"), including any content, functionality and services offered on or through the Website and associated information platforms including but not limited to mobile site or application, social media, text, email, chat, phone.

Please read the Terms of Use carefully before you start to use the Platform. BY USING THE Platform, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. If you do not want to agree to these Terms of Use, you must not access or use the Platform.

THE FTN NETWORK PLATFORM IS OFFERED AND AVAILABLE ONLY TO USERS LOCATED WITHIN THE UNITED STATES AND ITS TERRITORIES AND CANADA AND POSSESSIONS WHO ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION IF DIFFERENT THAN 18). By using this Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Platform and Account Security

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Platform.

In order to access and use most aspects of the Platform, you must register for and maintain an active account. Account registration requires you to submit to us certain personal information, which may include payment information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform , is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must treat your user name and password and any other login information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms of Use, the Company grants you a limited, non- exclusive, non-sublicensable, revocable, non-transferable license to access and use the Platform and any content, information and related materials that may be made available through the Platform , in each case solely for your personal, non-commercial use. Except for downloading one copy of such materials on any single computer for your personal, non-commercial home use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, exploit, store or transmit any of the material on our Platform . You must not modify copies of any materials from the Platform , delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform , decompile, reverse engineer or disassemble any material on the Platform , or link to, mirror or frame any material on the Platform.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name and all related names, logos, product and service names, trademarks, service marks, designs and slogans (collectively, "Trademarks") used and displayed on this Platform are registered and/or unregistered trademarks of the Company or its affiliates or licensors. You must not use such Trademarks without prior written permission of the Company or its affiliates or licensors, as the case may be.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the “Content Standards” set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.

Additionally, you agree not to:

Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other person’s use of the Platform.
Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Platform.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platform.

User Contributions

The Platform may contain message boards and chat rooms (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Platform . All User Contributions must comply with the “Content Standards” set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Platform , you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, perpetual, irrevocable, transferrable, royalty-free, sub-licensable license to use, copy, create derivative works of, reproduce, modify, perform, display, distribute and otherwise exploit and disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.

The Company does not represent or endorse the accuracy and reliability of any User Contribution. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform. The Company expressly disclaims any and all liability related to any User Contribution, and you acknowledge that any reliance upon such User Contribution shall be at your sole option, liability and risk.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the “Content Standards”, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Disclaimer of Information

The information provided herein is for your internal use only. It has been prepared by individual sales, marketing and/or structuring personnel of FTN Network, LLC and it and does not constitute research and investment advice . All “forward-looking” information contained herein is based upon certain assumptions about future events or conditions and is intended only to illustrate hypothetical results under those assumptions (not all of which are specified herein). Actual events or conditions may differ from those assumed herein. In addition, not all relevant events or conditions may have been considered in developing such assumptions. Accordingly, actual results will vary, and the variations may be material. You should understand such assumptions and evaluate whether they are appropriate for your purposes. Past performance is not a guide to future performance.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. The information on the Platform is provided to you with the understanding that provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax or career or other advice or services. Information on this Platform should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Membership Sales, Online Purchases and Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions, services or features of the Platform, including contests, promotions or other similar features. All such additional terms and conditions are hereby incorporated by reference into these Terms of Use. You agree to abide by such other terms and conditions, including where applicable representing that you meet any eligibility requirements to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Platform or for any service offered on or through the Platform , the latter terms shall control with respect to your use of that portion of the Platform or the specific service. The Company may make changes to any products or services offered on the Platform, or to the applicable prices for any such products or service, at any time, without notice.

In order to prevent interruptions in service, we use a recurring payment structure where month-to-month memberships automatically renew upon expiration until canceled by the customer. Once you cancel, you will not be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle renews on the 17th of every month, and you cancel on the 24th, you will still have to pay for the current month, but you will not be charged again after that. In order to treat everyone equally, no exceptions will be made.

All membership sales are final.

It is your responsibility to keep track of the account expiration date and cancel prior to renewal. You can review your expiration date and/or cancel active memberships at any time by contacting us.

Third-Party Content

The Platform may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services. A link or referral to a third-party Platform does not mean that the Company endorses or accepts any responsibility for the content or use of such Platform. 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. If you decide to access any of the third-party Websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM , ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

You understand that the Platform contains information about sports, fantasy sports, and sports betting, but that this information does not constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in daily fantasy or sports betting activities. THE COMPANY ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE MATERIAL ON THE PLATFORM, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS. ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY AND UNDERTAKEN AT YOUR OWN RISK.

THE FOREGOING DISCLAIMER DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company its officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform , including, but not limited to, your User Contributions, any use of the Platform ’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the County of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

Any waiver of any provisions of these Terms of Use will be effective only if in writing and signed by the Company. No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and the Company with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Your Comments and Concerns

If you believe that any material contained on the Platform infringes your copyright or other intellectual property rights, you should notify the Company of your copyright infringement claim in writing in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement be sent to the Platform ’s Designated Agent:

The Company will remove any information that infringes the copyright or other intellectual property right of any person under US law. It is the policy of the Company to terminate the user accounts of repeat infringers.

All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: support@ftnnetwork.com.