Terms of Use

PLEASE READ THIS DISCLAIMER CAREFULLY:

This Terms of Use Agreement (the "Agreement") governs your use of Thefly.com website, Theflyonthewall.com website, m.TheFly.com mobile site and any other digital properties or subdomains owned or managed by TheFly (as defined below) (collectively, the "Online Services") and all "Content" provided through the Online Services including, without limitation, all text, news, data, graphics, images, audio and video transmissions, photographs, artwork, logos, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property including, but not limited to, any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights, and other information in whatever form, unless other terms and conditions expressly govern demonstrable in written form.

The Online Services are provided either directly by Thefly.com, LLC, a New Jersey limited liability company and its parent company Theflyonthewall.com Inc., a New Jersey corporation (together, "TheFly"), or through various third party platforms and devices (e.g., mobile and tablet platforms). The Content is provided by TheFly and its third party suppliers ("Information Providers") and may be accessed by you only under the terms and conditions of this Agreement and in full compliance therewith and by entering into a subscription agreement, which shall consist of the terms and conditions in this Agreement and the subscription rates applicable to you.

BY ACCESSING THE ONLINE SERVICES AND, BY CONTINUING TO USE THE ONLINE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT EXCEPTIONS. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEFLY IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE ONLINE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE ONLINE SERVICES.

TheFly may modify this Agreement from time to time in its sole discretion and your continued use of the Online Services shall constitute acceptance of such modifications. It is your responsibility to check this Agreement periodically and no claim shall be heard in respect thereof.

Limitation of Liability

The Content appearing on the Online Services is obtained from sources considered reliable by TheFly. The accuracy or completeness of such Content cannot be guaranteed. NONE OF THE CONTENT APPEARING ON THE ONLINE SERVICES IS INTENDED BY THEFLY TO BE AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, OR A RECOMMENDATION TO PURCHASE, SELL OR HOLD any securities. TheFly believes the Content provided through its Online Services to be reliable, but accuracy is not warranted or guaranteed in any way expressly or implied. TheFly shall not be responsible for any claim of loss or damage resulting from reliance on such Content or any consequential, special, punitive or similar damages. You agree that any liability resulting from any kind of legal claim against TheFly with respect to the Online Services shall not exceed the lesser of USD 300 in the aggregate or the amount you paid to TheFly for use of the Online Services during the 6 months preceding such claim.

The Content provided on the Online Services is intended for informational purposes only and does not claim to be actionable for investment decisions or otherwise fitting for a particular purpose. TheFly's staff DOES NOT provide any individual investment advice or money management assistance whether expressed or implied. TheFly's employees are not brokers, dealers or registered investment advisors and do not attempt to influence the sale or purchase of securities. Nor does TheFly respond to any email requests for guidance with regard to securities.

Payments

Our no-obligation, free trial is – a FREE - opportunity to explore the Online Services without cost. Free trials are limited to one per customer. Duplicate trials created from the same IP address will be identified as 'bad faith' actors and are not eligible for refunds or account credit following any purchase.

All monthly subscriptions purchases are final. No cash refunds, partial or otherwise, will be given. Monthly accounts will shut off as of the next billing period, which is the first of the month. If your free trial ends in the middle of the month, you will be charged a pro-rated amount for the remainder of the first month and then will be on a first of the month billing cycle going forward. Annual subscribers are entitled to a pro-rated refund less the annual discount if the account is canceled within the first 30 days of the yearly cycle. Cancellations beyond the first 30 days are not entitled to refunds. All paid accounts are set to auto renew.

Property Rights

The Content, along with any other material, data, information etc. that is made available through the Online Services in whatever form are the property of TheFly or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. No right of title, ownership or license is provided pursuant to this agreement to you or anyone on your behalf and you may not make any use of such (commercial or otherwise) other than to view it for your own personal interest and education. Unless you have TheFly's written consent in the form of a legally binding commercial agreement, you may not use, copy, duplicate, aggregate, scan, reverse engineer, decompile, disassemble, recompile, sell, publish, distribute, retransmit or otherwise provide access to or make any use not expressly permitted hereunder of any Content received through the Online Services to anyone.

You acknowledge and agree that any contributions originally created by you for TheFly shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to TheFly from their creation onwards. Thus, TheFLy shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as TheFly determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a "work made for hire" under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to TheFly all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by TheFly.

Single Use Access

Only one individual may access the Online Services at the same time using the same username or password, unless TheFly specifically agrees otherwise in written form. Such individual may only access the Online Services pursuant to the terms of this Agreement and the timely payment of any payments due to TheFly from same.

You are not permitted to use the Online Services for the purpose of regularly providing other users with access to Content from the Online Services or for any form of public display of the Content or any part thereof. While you may occasionally download and store articles from the Online Services for your personal use, you may not otherwise provide others with access to such articles either intentionally or by negligence or disregard. The foregoing does not apply to any sharing functionality TheFly may provide through the Online Services that expressly allows you to share articles or links to articles with others. In addition, you may not use articles you have downloaded for personal use to develop or operate an automated trading system or for data or text mining. ANY COMMERCIAL USE OF THE CONTENT AND ONLINE SERVICES IS STRICTLY FORBIDDEN AND MAY SUBJECT YOU TO LEGAL PROCEEDINGS INCLUDING WITHOUT LIMITATION FOR ANY DAMAGES SUFFERED BY THEFLY INCLUDING CONSEQUENTIAL DAMAGES AND LOSS OF REVENUE IN ADDITION TO ANY OTHER REMEDY SET FORTH HEREIN OR GRANTED BY LAW OR EQUITY.

You agree at all times to defend, indemnify and hold harmless TheFly, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Additional Restriction on Use of the Content

You agree not to rearrange or modify the Content available through the Online Services. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product, or service, either manually or automatically by a machine, algorithm or code except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping either manually or automatically by a machine, algorithm or code of or in-line linking to the Online Services or any Content contained thereon and/or the use of WebCrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Online Services other than as expressly authorized by TheFly is strictly prohibited.

You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Online Services. You may not access parts of the Online Services to which you are not authorized or attempt to circumvent any restrictions imposed on your use or access of the Online Services. You may not use the Content, including without limitation, any Content made available through one of TheFly's RSS Feeds, in any commercial product or service, without our express written consent. You may not create apps, extensions, or other products and services that use Content without TheFly's express written consent. You may not aggregate or otherwise use Content in a manner that could reasonably serve as a substitute for a subscription to any of the Online Services.

Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. TheFly requires users to respect its copyrights, trademarks, and other intellectual property rights and shall enforce same. You may not access or view the Online Services with the use of any scripts, extensions, or programs that alter the way the Online Services are displayed, rendered, or transmitted to you without TheFly's written consent. You agree not to use the Online Services for any unlawful purpose. TheFly reserves the right to terminate or restrict your access to an Online Service if, in TheFly's opinion, your use of the Online Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.

Disclaimer

THE CONTENT, ONLINE SERVICES, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SAME AND BY THEFLY AND ANY THIRD-PARTY SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THEFLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE ONLINE SERVICES, CONTENT WEBSITE OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE ONLINE SERVICES, INCLUDING WITHOUT LIMITATION BREAKING NEWS, OR ANY PART OF THE CONTENT OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THEFLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ONLINE SERVICES, THE WEBSITE OR MATERIALS ON THIS WEBSITE, ONLINE SERVICES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

This Agreement contains the final and entire agreement between TheFly and you regarding your use of the Online Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Online Services. We may discontinue or change the Online Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between TheFly and you, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of Union in the State of New Jersey. TheFly's failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any waiver of any of TheFly’s rights hereunder may only be done in writing signed by an authorized signatory of TheFLy.

This Agreement begins when you first access any of the Online Services. We reserve the right to terminate your Account or restrict access to your Account for any reason, including your breach of this Agreement or our suspicion of the same.

Class Action Waiver

You may only resolve disputes with TheFly on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Dispute Resolution

This Agreement shall be governed by and construed solely in accordance with the laws of the State of New Jersey and any dispute shall be subject to binding arbitration in New Jersey, NY pursuant to the JEMS provisions of arbitration. If any clause herein contained (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Agreement, and the remainder of this Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this Dispute Resolution provision will be unenforceable and the dispute will be decided by a court of competent jurisdiction in accordance herewith.

This Agreement may only be modified by TheFly. Any changes will be posted to the Online Services and will apply prospectively.

Last Updated: January 2023

Privacy statement

Last updated: January 2023

Thefly.com, LLC, a New Jersey limited liability company and its parent company Theflyonthewall.com Inc., a New Jersey corporation (together, “TheFly”) respects your privacy and is committed to protecting it through compliance with this policy. This policy describes the types of information TheFly collects from you or that you may provide when you visit the Thefly.com website, Theflyonthewall.com website, m.TheFly.com mobile site (collectively, “Online Services”) and TheFly's practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information TheFly collects:

• Through access or use of the Online Services;
• In email, text, and other electronic messages between you and the Online Services;
• Through mobile and desktop applications you download from the Online Services;
• When you interact with TheFly's advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• TheFly offline or through any other means, including on any other website operated by TheFly or any third party (including TheFly's affiliates and subsidiaries); or
• Any third party (including TheFly's affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Online Services.

Please read this policy carefully to understand our policies and practices regarding your information and how TheFly will treat it. If you do not agree with TheFly's policies and practices, your choice is not to access the Online Services or make any use of the same. By accessing or using the Online Services, you agree to this privacy policy. This policy may change from time to time (see Changes to our privacy policy). Your continued use of the Online Services after TheFly makes changes is deemed to be acceptance of those changes, so please check the policy periodically for updates as this is your responsibility.

Children under the age of 13

The Online Services are intended for individuals aged 18 or over, and not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Online Services, access the Online Services or make any use thereof. TheFly does not knowingly collect personal information from children under 13. If TheFly learns that it has collected or received personal information from a child under 13 without verification of parental consent, TheFly will delete that information. If you believe TheFly might have any information from or about a child under 13, please contact us by e-mail at info@thefly.com.

Information we collect about you and how we collect it

TheFly collects several types of information from and about users of the Online Services, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
• That is about you but individually does not identify you, such as pages you visited, data you viewed, and functionality you used on the Online Services; and
• About your internet connection, the equipment you use to access the Online Services, and usage details.

TheFly collects this information:

• Directly from you when you provide it to TheFly;
• Automatically as you access and navigate through the Online Services (information collected automatically may include usage details, IP addresses, and information collected through cookies, pixels, web beacons, and other tracking technologies); and
• From third parties, for example, TheFly's business partners.

Information you provide to TheFly

The information TheFly collects on or through the Online Services may include:

• Information that you provide by filling in forms on the Online Services, including information provided at the time of registering to use the Online Services, subscribing, posting material, or requesting further services;
• Records and copies of your correspondence (including email addresses) if you contact TheFly;
• Your responses to surveys that TheFly might ask you to complete for research purposes;
• Details of transactions you carry out through the Online Services and of the fulfillment of your orders; and
• Your search queries on the Online Services.

Information TheFly collects through automatic data collection technologies

As you access and navigate through and interact with the Online Services, TheFly may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to the Online Services, including traffic data, location data, logs, and other communication data and the resources that you access and use; and
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

TheFly also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The technologies TheFly uses for this automatic data collection may include cookies, Flash cookies, and web beacons.

Third-party use of cookies and other tracking technologies

Some content or applications, including advertisements, on the Online Services are served by third parties. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use the Online Services. They may use this information to provide you with interest-based advertising or other targeted content. TheFly does not control these third parties’ tracking technologies or how they may be used.

How TheFly uses your information

TheFly uses information that it collects about you or that you provide to TheFly, including any personal information, to present the Online Services to you, fulfill orders, notify you of updates, carry out contractual obligations, and provide information about TheFly’s and third-party goods or services that may interest you.

Disclosure of your information

TheFly may disclose aggregated information about its users, and information that does not identify any individual, in support of our business. TheFly may also disclose personal information:

• To subsidiaries and affiliates;
• To contractors, service providers, and other third parties TheFly uses to support its business;
• To a buyer or successor in the event of a merger, restructuring, or sale of assets;
• To third parties to market their products or services if you have consented or not opted out; and
• To comply with legal obligations or protect TheFly’s rights and users’ safety.

Choices about how we use and disclose your information

You may opt out of promotional emails or third-party marketing by adjusting your preferences in your account or contacting TheFly at info@thefly.com.

Accessing and correcting your information

You can review and change your personal information by logging into the Online Services and visiting your account profile page. You may also send TheFly an email to request access, correction, or deletion of your personal information. TheFly may not accommodate a request to change information if doing so would violate any law or legal requirement or cause the information to be incorrect.

Your California privacy rights

California Civil Code Section 1798.83 permits users that are California residents to request certain information regarding TheFly's disclosure of personal information to third parties for direct marketing purposes. To make such a request, please email info@thefly.com.

Data security

TheFly has implemented measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, and disclosure. However, the transmission of information via the internet is not completely secure. Any transmission of personal information is at your own risk.

Non-US users; users from the European Economic Area

If you are visiting the Online Services from outside the United States, by providing your information you consent to its transfer and processing in the United States. For EEA users, TheFly relies on standard contractual clauses or equivalent safeguards and recognizes your data rights under European law, including access, correction, deletion, limitation, and portability.

Changes to our privacy policy

TheFly will occasionally update this privacy policy. When this privacy policy is updated, TheFly will revise the “last updated” date at the top. Any changes will become effective when posted. Continued use after such changes constitutes acceptance.

Contact information

TheFly welcomes your comments regarding this privacy statement. If you have questions about this statement or believe that TheFly has not adhered to it, please contact us by email at info@thefly.com.