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PRIVACY POLICY

First Terrace Systems, LLC (“FTS”) values its users’ privacy. This Privacy Policy (“Privacy Policy” or “Policy”) will help you understand how we collect and use personal information from those who visit our website (“Website”) or make use of our online facilities and services, including those who purchase a subscription for use of our services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with FTS of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.

We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up-to-date with the latest changes, we advise you to frequently visit this page. If at any point in time FTS decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.

This Policy applies to FTS, and it governs any and all data collection and usage by us. Through the use of of www.firstterracesystems.com, you are therefore consenting to the data collection procedures expressed in this Policy.

This Policy does not govern the collection and use of information by companies that FTS does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of, and share the information collected.

This Policy will inform you of the following:

  1. What personally identifiable information is collected from you through our Website;
  2. How we collect your data;
  3. Why we collect personally identifiable information and the legal basis for such collection;
  4. How we use the collected information and with whom it may be shared;
  5. What choices are available to you regarding the use of your data; and
  6. The security procedures in place to protect the misuse of your information.

INFORMATION WE COLLECT

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This Website collects various types of information, which may include, but is not limited to:

  • Voluntarily provided information, which includes your name, address (e.g., state, zip code, city), email address, phone number, billing and/or credit card information, which may be used when you purchase our subscription service, and/or products and/or other services and to deliver the services you have requested.
  • Information automatically collected when visiting our Website, which includes cookies, location, and server logs.

In addition, FTS may collect nonpersonal anonymous demographic information, such as the type of browser you are using, IP address, or type of operating system you are using, which will assist us in providing and maintaining superior quality service.

Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy.

When you subscribe to our services for the first time and/or renew your subscription, you will be prompted to enter payment information to process the subscription order. This information will be processed by a third-party processor and you will need to separately agree to the privacy policy and terms and conditions of that third-party processor.

  • Log Data

Like many website operators, we collect information that your browser sends whenever you visit our Website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, and other statistics. We may use such Log Data to improve our Website.

  • Cookies

Like many sites, we use “Cookies” to store certain information to manage sessions on our Website. We also use “Cookies” to collect information about your activities on our Website in order to improve your experience on our Website. You can instruct your browser to refuse all Cookies or to provide you with an indication when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some portions of our Website.

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive. Cookies can include “Session” or “Persistent” Cookies.

Session Cookies are deleted as soon as you close your web browser, while Persistent Cookies remain on your personal computer when you go offline. We may use both Session and Persistent Cookies. Session Cookies include necessary Cookies. These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.

Persistent Cookies include “Functionality Cookies.” Functionality Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid your having to reenter your preferences every time you use the Website.

HOW WE COLLECT YOUR DATA

You directly provide FTS with most of the data we collect. We collect data and process data when you:

  • Register for a subscription service to use our Website, as well as place an order for any of our products or services.
  • Request market data and/or information about financial markets, including, without limitation, stock ticker, time, date, price, and size.
  • Voluntarily complete a customer survey or provide feedback or via email.
  • Use or view our Website via your browser’s Cookies.

WHY WE COLLECT INFORMATION AND FOR HOW LONG

We are collecting your data for several reasons:

  • To better understand your needs and provide you with the services you have requested.
  • To fulfill our legitimate interest in improving our services and products.
  • To send you promotional emails containing information we think you may like when we have your consent to do so.
  • To manage your requests, including attending to and managing any requests that you may have.
  • To contact you to fill out surveys or participate in other types of market research when we have your consent to do so.
  • To customize our Website according to your online behavior and personal preferences.
  • To authenticate your identity: We may use information you provide to verify and/or authenticate your information or identity.
  • To allow payment service providers to conduct monetary transactions: We may use information you provide to us to a third-party payment partner who will handle any monetary transactions between you and FTS.
  • For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about users of our Website and our business more generally is among the assets transferred.

The data we collect from you will be stored for no longer than necessary, and at least as long as you maintain a subscription to use our services. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies, or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.

USE OF INFORMATION COLLECTED

In the preceding twelve (12) months, FTS has not sold any of its customer lists and/or names and/or personal information of its customers to any third parties. Our policy is that we do not and will not sell your personal information, unless you give us your consent or direct us to do so.

FTS may collect and may make use of personal information to assist in the operation of our Website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.firstterracesystems.com. For example, we may send you newsletters, promotional materials, and customer service for our products.

FTS may also be in contact with you with regard to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

FTS may feel it necessary, from time to time, to contact you on behalf of our other external business partners with regard to a potential new offer that may be of interest to you. If you consent or show interest in presented offers, then, at that time, specific identifiable information, such as name, email address, and/or telephone number, may be shared with the third party.

FTS may find it beneficial to all our customers to share specific data with our trusted partners in an effort to conduct statistical analysis, provide you with email and/or postal mail, deliver support and/or arrange for deliveries to be made. Those third parties shall be strictly prohibited from making use of your personal information, other than to deliver those services that you requested, and as such they are required, in accordance with this Privacy Policy, to maintain the strictest of confidentiality with regard to all your information.

FTS uses various third-party social media features, including, but not limited to, Facebook, Instagram, X, YouTube, LinkedIn and other interactive programs. These may collect your IP address and require Cookies to work properly. These services are governed by the privacy policies of the providers and are not within FTS’s control.

DISCLOSURE OF INFORMATION

FTS does not use or disclose the information provided by you except that we may disclose the information under the following circumstances:

  • as necessary to provide services or products you have ordered;
  • in other ways described in this Policy or to which you have otherwise consented;
  • in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
  • as required by law, or in response to valid requests made by public authorities (including a court or a government agency), including, without limitation, a subpoena or search warrant;
  • to outside auditors who have agreed to keep the information confidential, as necessary to enforce the Terms of Service;
  • protect against legal liability or comply with a legal obligation;
  • protect the personal safety of users of the Website or the public; and
  • as necessary, to maintain, safeguard, and preserve all the rights and property of FTS.

Notwithstanding the foregoing, in the event we consider or proceed with a merger, sale, or other transfer of our Site, assets, or operations, we may disclose or transfer your Personal Information as a part of such a transaction, subject to standard confidentiality agreements.

NONMARKETING PURPOSES

FTS greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in FTS products and services). In certain circumstances, we may use our Website, newspapers, or other public means to post a notice.

MINORS

Our Website is 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.

The Website is not directed to, and does not knowingly collect personal identifiable information from children under the age of 13. If it is determined that such information has been inadvertently collected on anyone under the age of 13, we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database, or, in the alternative, that verifiable parental consent is obtained for the use and storage of such information.

UNSUBSCRIBE OR OPT-OUT

All users and visitors to our Website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our Website, please send an email that you wish to unsubscribe to contact@firstterracesystems.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. FTS will continue to adhere to this Policy with respect to any personal information previously collected. While we will honor all unsubscribe requests as timely as possible, it may take up to fifteen (15) business days, if not more, to become effective. Further, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations.

LINKS TO OTHER WEBSITES

Our Website does contain links to affiliate and other websites. FTS does not claim or accept responsibility for any privacy policies, practices, and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our Website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy applies only and solely to the information collected by our Website.

NOTICE TO EUROPEAN UNION USERS

FTS’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (“EU”) and sent to the United States. By providing personal information to us, you are consenting to its storage and use as described in this Policy.

YOUR RIGHTS AS A DATA SUBJECT

You have certain rights as a Data Subject (i.e., someone who can be identified through direct or indirect means, including, without limitation, a name, an ID number, location data, or other attributes that may be linked to your identity). These rights are as follows:

  • The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.
  • The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one (1) month. You can do this by sending an email to contact@firstterracesystems.com.
  • The right to rectification: this means that if you believe some of the data, we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us or by sending us an email with your request.
  • The right to deletion: this means you can request that the information we hold be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of same. You can do this by sending an email to contact@firstterracesystems.com.
  • The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to contact@firstterracesystems.com.
  • The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at contact@firstterracesystems.com.
  • The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to contact@firstterracesystems.com.

In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below.

SECURITY

FTS takes precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline. We use Secure Sockets Layer (“SSL”) technology to keep your personal information secure. This technology is used to protect your Personal Information from unauthorized access, destruction, use, modification, and/or disclosure. Wherever we collect sensitive information (e.g., credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure, or modification of the user’s personal information under our control.

We recommend that you take appropriate measures to ensure the security of your account, including the creation of a strong password and keeping your account information private and inaccessible to others. You are responsible for maintaining the confidentiality of your account password and for any access to, or use of, the Website by you or another person or entity through your account, whether or not such access or use has been authorized by, or on behalf of, you.

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

ACCORDINGLY, WE DISCLAIM ANY LIABILITY FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.

ACCEPTANCE OF TERMS

This Privacy Policy will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

By using this Website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy. If you are not in agreement with our terms and conditions, then you should refrain from further use of our Website.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of our Website after we post any modifications to the Privacy Policy on this page or changes to our terms and conditions constitutes your acknowledgment of the modifications and your acceptance of such modifications, including your consent to abide and be bound by the modified Privacy Policy.

This Privacy Policy was last updated: December 04, 2024

HOW TO CONTACT US

If you have any questions or concerns regarding the Privacy Policy, please feel free to contact us at:

First Terrace Systems LLC
Attn: Privacy Officer
Email: contact@firstterracesystems.com
Via this Link: www.firstterracesystems.com/contact/

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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)