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TERMS OF USE
GENERAL TERMS
These Terms of Use are entered into by and between you and First Terrace Systems, LLC (“FTS). These Terms of Use, together with any documents or other agreements they expressly incorporate by reference (collectively “Terms of Use”), govern your access to and use of the Website, including any content, functionality and products and services offered on or through the Website, whether as an account holder or a nonaccount holder.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when such an option is made available to you, you affirm that you are of legal age to enter into these Terms of Use and that you accept and agree to be bound and abide by these Terms of Use, as well as our Privacy Policy, and if you choose to license our software, our Software License Agreement for use of the Torrent software and related services (“Software License Agreement”), both of which are incorporated herein by reference.
Under no circumstances shall FTS be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit arising out of the use, or the inability to use, the materials on this site, even if FTS or an authorized representative has been advised of the possibility of such damages. If your use of this Website, alone or in connection with our proprietary Torrent Software, results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.
FTS will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to increase subscription prices and revise the resources available to you in any moment.
Our Privacy Policy describes our policies and procedures regarding the collection, use and disclosure of your personal information when you use the Website and provides information about your privacy rights. Please read Our Privacy Policy carefully before using the Website.
Should you choose to subscribe and/or use the services provided by FTS, FTS’s Software License Agreement governs the use of our proprietary Torrent Software. Please be sure to read our Software License Agreement before downloading and/or using our Software.
BINDING CONTRACT
These Terms of Use are a contract between you and FTS (referred to in these Terms of Use as “FTS,” “us,” “we,” or “our”), the provider of the FTS website (“Website”) and the services accessible from the FTS Website (which are collectively referred to in these Terms of Use as the “FTS Service” or “Service”).
You are agreeing to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the FTS Service. In these Terms of Use, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Use, we reserve the right to cancel your account or block access to your account without notice.
Our Website and the Services are not intended for use by minors. Anyone under the age of 18 must seek and obtain parent or guardian permission to use this Website. By agreeing to the Terms of Use, you agree that you are not under the age of 18.
DEFINITIONS AND KEY TERMS
To help explain things as clearly as possible in this Terms of Use, every time any of these terms are referenced, are strictly defined as:
The following terms are used throughout these Terms of Use and are defined, as follows:
∙ Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
∙ Company: when these terms mention ”Company,” ”we,” ”us,” or ”our,” it refers to First Terrace Systems, LLC (3030 King Ct., Green Brook, NJ 08812), which is responsible for your information under these Terms of Use.
∙ Country: United States of America
∙ Device: any internet connected device such as a phone, tablet, computer, or any other device that can be used to visit FTS and/or use the services.
∙ Service: refers to the service provided by FTS that are accessible via the Website, as described in the relative terms (if available) and on this platform.
∙ Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you. ∙ Website: FTS’s site, which can be accessed via this URL: www.firstterracesystems.com ∙ You or “you”: a person or entity that is registered with FTS to use the Services and/or that accesses the Website. “You” refers both to you as an individual and to the entity you represent.
RESTRICTIONS
You agree not to, and you will not permit others to:
∙ License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Website or make the platform available to any third party. ∙ Modify, make derivative works of, disassemble, decrypt, reverse, compile, or reverse engineer any part of the Website.
∙ Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of FTS or its affiliates, partners, suppliers, or the licensors of the Website.
∙ Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
∙ Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
∙ Use any manual process to monitor or copy any of the material on the Website 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 Website.
∙ Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
∙ Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
∙ Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
∙ Otherwise attempt to interfere with the proper working of the Website.
∙ You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above. You acknowledge that such unauthorized activities may incur criminal or civil liability.
RETURN AND REFUND POLICY
Thank you for visiting our Website and/or purchasing a subscription service from FTS. We appreciate the fact that you like to use and/or purchase our services. We also want to make sure you have a rewarding experience while you are exploring, evaluating, and purchasing our products.
As with any purchasing experience, there are terms and conditions that apply to transactions at FTS. We will be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at FTS, you agree to the terms along with FTS’s Privacy Policy and License Agreement.
If, for any reason, you are not completely satisfied with any good or service that we provide, do not hesitate to contact us and we will discuss any of the issues you are going through with our product.
YOUR SUGGESTIONS
Any feedback, comments, ideas, improvements, or suggestions (collectively “Suggestions”) provided by you to FTS with respect to the Website shall remain the sole and exclusive property of FTS.
FTS shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
YOUR CONSENT AND HOW TO WITHDRAW CONSENT
We have updated our Terms of Use to provide you with complete transparency into what is being set when you visit our site and how it is being used. By using our Website, registering an account, or making a purchase, you hereby consent to our Terms of Use, including the collection, use, disclosure, and retention of personal information as set out in the Privacy Policy. You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. If at any time you wish to withdraw your consent, simply contact us at contact@firstterracesystems.com.
LINKS TO OTHER WEBSITES
These Terms of Use apply only to the Services. The Services may contain links to other websites not operated or controlled by FTS. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms of Use are no longer in effect. Your browsing and interaction on any other websites, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
COOKIES
FTS uses “Cookies” to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use certain Cookies to enhance
the performance and functionality of our Website but are nonessential to their use. However, without these Cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the Website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. Please see our Privacy Policy for more information about Cookies.
MODIFICATIONS TO OUR WEBSITE
FTS reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Website or any service to which it connects, with or without notice and without liability to you.
UPDATES TO OUR WEBSITE
FTS may from time to time provide enhancements or improvements to the features/ functionality of the Website, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Website. You agree that FTS has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Website, and (ii) subject to these Terms of Use.
THIRD-PARTY SERVICES
We may display, include, or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or services (“Third- Party Services”).
You acknowledge and agree that FTS shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. FTS does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
TERM AND TERMINATION
These Terms of Use shall remain in effect until terminated by you or FTS.
FTS may, in its sole discretion, at any time and for any or no reason, suspend or terminate the Terms of Use with or without prior notice.
The Terms of Use will terminate immediately, without prior notice from FTS, in the event that you fail to comply with any provision of these Terms of Use.
Upon termination of these Terms of Use, you shall cease all use of the Website.
Termination of the Terms of Use will not limit any of FTS’s rights or remedies at law or in equity in case of breach by you (during the term of these Terms and Conditions) of any of your obligations under the present Terms of Use.
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
You agree that we may communicate any notices to you under the Terms of Use, through electronic mail, regular mail or posting the notices on the Website. All notices to us will be provided by sending a letter, certified mail, to 2248 Broadway #1295, New York, NY 10024, United States, Attn: Consumer Service.
Infringement of Copyright Rights
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notification of claims of infringement (“Designated Agent”). Our Designated Agent is:
Attn: Intellectual Property Manager
Email: contact@firstterracesystems.com
If you believe in good faith that any content posted on the Website infringes any copyright in any work of yours, you agree to contact our Digital Millennium Copyright Act (“DMCA”) Copyright Agent as identified above—hereby designated under the DMCA (17 U.S.C. § 512(c)(3))—with correspondence containing the following:
∙ A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed.
∙ Identification of the copyrighted work claimed to have been infringed.
∙ Identification, with information reasonably sufficient to allow its location, of the material that is claimed to be infringing.
∙ Information reasonably sufficient to permit us to contact you.
∙ A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
∙ A statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact us at contact@firstterracesystems.com.
Infringement of Other Intellectual Property Rights
If you believe in good faith that any materials provided through our Services infringe any of your rights (including any trademark or privacy rights, but not including rights in copyright as addressed in the
“Infringement of Copyrights Rights” above) or are otherwise unlawful, you agree to send a notice to contact@firstterracesystems.com containing the following information:
∙ Your name, physical address, email address, and phone number.
∙ A description of the materials posted on the Website that you believe violate your rights or are otherwise unlawful and which parts of said materials you believe should be remedied or removed.
∙ Identification of the location of the materials on the Website.
∙ If you believe that the materials violate your rights, a statement as to the basis of the rights that you claim are violated.
∙ If you believe that the materials are unlawful or violate the rights of others, a statement as to the basis of this belief.
∙ A statement under penalty of perjury that you have a good-faith belief that use of the materials in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and is provided in good faith.
∙ Your physical or electronic signature.
If we receive a message from you that complies with all of the above requirements, we will evaluate the submission and, if appropriate, in our sole discretion, we will take action. We may disclose your submission to any entity that posted the claimed violative materials or any other entity as we deem appropriate.
INDEMNIFICATION
You agree to indemnify and hold FTS and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Website; (b) violation of these Terms of Use or any law or regulation; or (c) violation of any right of a third party.
NO WARRANTIES
You acknowledge and agree that your use of the Website in any way, including any downloads from the Website, is solely at your own risk and that you will be solely responsible for any damage or loss that you may incur from use of the Website.
The Website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, FTS, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.
Without limiting the foregoing, FTS provides no warranty or undertaking, and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither FTS nor any of FTS’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted
or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or emails sent from or on behalf of FTS are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
FTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, the entire liability of FTS and any of its agents under any provision of these Terms of Use and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Website.
To the maximum extent permitted by applicable law, in no event shall FTS or its agents be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these Terms of Use), even if FTS or any of its agents has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In exchange for using our Website, you agree not to hold FTS, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Website.
SEVERABILITY
If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
The Terms of Use, together with the Privacy Policy, the Software License Agreement, and any other legal notices published by FTS on the Services, shall constitute the entire agreement between you and FTS and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and FTS’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
YOU AND FTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
AMENDMENTS TO THIS AGREEMENT
FTS reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use FTS.
ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and FTS regarding your use of the Website and supersedes all prior and contemporaneous written or oral agreements between you and FTS.
You may be subject to additional terms and conditions that apply when you use or purchase other FTS’s services, which FTS will provide to you at the time of such use or purchase.
UPDATES TO OUR TERMS
We may change our Service and policies, and we may need to make changes to these Terms of Use so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms of Use and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms of Use. If you do not want to agree to these or any updated Terms of Use, you can delete your account.
INTELLECTUAL PROPERTY
The Website 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 FTS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed
in any way, in whole or in part, without the express prior written permission of FTS, unless and except as is expressly provided in these Terms of Use. Any unauthorized use of the material is prohibited.
GOVERNING LAW;AGREEMENT TO ARBITRATE ; JURY & CLASS ACTION WAIVER
All matters relating to the these Terms and Conditions, the Privacy Policy, Software License Agreement, and/or any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction). You hereby irrevocably consent to the subject matter and personal jurisdiction, proper forum, and proper venue of the courts of the State of New Jersey and the United States District Court for the District of New Jersey in the United States of America.
The term dispute means any dispute, action, or other controversy between you and FTS concerning the Services, the Terms of Use, or the Software License Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
If you and FTS do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) of the United States of America. You agree to bring any dispute in arbitration on an individual basis only. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
YOU WAIVE WITH RESPECT TO ANY DISPUTE:
I. THE RIGHT TO A JURY TRIAL;
II. THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND
III. THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON.
EXCEPT AS PROHIBITED BY LAW, ANY DISPUTE OR CLAIM ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION RULES OF THE AAA IN EFFECT AT THE TIME OF THE DISPUTE OR CLAIM. THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA RULES OR PROCEDURES WOULD. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL HAVE THE POWER TO RULE ON HIS OR HER OWN JURISDICTION, INCLUDING ANY OBJECTIONS WITH RESPECT TO THE EXISTENCE, SCOPE, OR VALIDITY OF THE ARBITRATION AGREEMENT OR TO THE ARBITRABILITY OF ANY CLAIM OR COUNTERCLAIM. THE ARBITRATION WILL BE HELD BEFORE THE AAA TRIBUNAL IN THE NEW JERSEY REGIONAL OFFICE LOCATED IN SOMERSET, NEW JERSEY.
NOTICE OF DISPUTE
In the event of a dispute, you or FTS must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: contact@firstterracesystems.com. FTS will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and FTS will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or FTS may commence arbitration.
SUBMISSIONS
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as nonconfidential and nonproprietary and will become the sole property of FTS without any compensation or credit to you whatsoever. FTS and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
PROMOTIONS
FTS may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
TYPOGRAPHICAL ERRORS
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
MISCELLANEOUS
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by an authorized representative of FTS. FTS will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. FTS operates and controls the FTS Service from its offices in the United States. The Service is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the FTS Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use (which include and incorporate the FTS Privacy Policy) contain the entire understanding, and supersedes all prior understandings, between you and FTS concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
DISCLAIMERS
∙ Not Financial Advice
The Website and Services provided by FTS are solely for purposes of providing you with data market information. You should not construe any such information or other material as financial, investment, legal, or other advice. Our Website and Services do not constitute a solicitation, recommendation, endorsement, or offer by FTS or any third party service provider to buy or sell any securities or other financial instruments in this or in in any other jurisdiction.
The information provided on our Website does not constitute professional and/or financial advice. FTS is not a fiduciary by virtue of any person’s use of or access to the Website or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Website or through use of the Software before making any decisions based on such information or other Content.
We strongly encourage you to seek professional advice.
∙ No Warranties, Guarantees, Liabilities for Damages for Services
FTS is not responsible for any content, code, or any other imprecision. FTS does not provide warranties or guarantees.
In no event shall FTS be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. We reserve the right at any time and from time to time to add, delete, modify, suspend, discontinue, or permanently cancel any or all Services, including the content on the Website, with or without notice to you. You acknowledge and agree that we will not be liable to you or any third party for any loss or damages that result from such modification, suspension, discontinuation, or cancellation of any or all Services.
The Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. is a distributor and not a publisher of the content supplied by third parties; as such, exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through or accessible via the Service. Without limiting the foregoing, specifically disclaims all warranties and representations in any content transmitted on or in connection with the Service or on sites that may appear as links on the Service, or in the products provided as a part of, or otherwise in connection with, the Service, including, without limitation, any warranties of merchantability, fitness for a particular purpose or noninfringement of third-party rights. No oral advice or written information given by FTS or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price
and availability of information is subject to change without notice. Without limiting the foregoing, FTS does not warrant that the Service will be uninterrupted, uncorrupted, timely, or error-free.
CHANGES TO OUR TERMS OF USE
You acknowledge and agree that FTS may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at FTS’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform FTS when you stop using the Service. You acknowledge and agree that if FTS disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials that are contained in your account.
If we decide to change our Terms of Use, we will post those changes on this page, and/or update the Terms of Use modification date below.
This Terms of Use was last updated: December 04 , 2024
HOW TO CONTACT US
If you have any questions or concerns regarding these Terms of Use, the Privacy Policy, or the Software Agreement, please feel free to contact us at:
∙ Via email: contact@firstterracesystems.com
∙ Via this Link: www.firstterracesystems.com/contact/
(Terms of Use - Version 1)
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