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Disclaimer

DISCLAIMER / 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 (collectively, “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, unless other terms and conditions expressly govern. 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). 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 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 CONTINUING TO USE THE ONLINE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE 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.

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. TheFly shall not be responsible for any claim of loss or damage resulting from reliance on such Content or any consequential, special, 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 amount you paid to TheFly for use of the Online Services.

The Content provided on the Online Services is intended for informational purposes only and does not claim to be actionable for investment decisions. TheFly's staff does NOT provide any individual investment advice or money management assistance. 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.

Property Rights: The Content available through the Online Services are the property of TheFly or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have TheFly's written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to any Content received through the Online Services to anyone.

SINGLE USE ACCESS: Only one individual may access the Online Services at the same time using the same username or password, unless TheFly agrees otherwise.

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. 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. 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.

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, 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 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 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.

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.

This Agreement begins when you first use 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.

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

PRIVACY STATEMENT:

Last updated: July 10, 2020

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 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, which provide dedicated non-browser- based interaction between you and 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; and

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 use the Online Services. 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.

CHILDREN UNDER THE AGE OF 13

The Online Services are intended for individuals 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. TheFly does not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Online Services or on or through any of its features/register on the Online Services, make any purchases through the Online Services, use any of the interactive or public comment features of the Online Services or provide any information about yourself to TheFly, including your name, address, telephone number, email address, or any screen name or user name you may use. 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 mail at Thefly.com LLC, 428 Springfield Avenue, Summit, New Jersey 07901, or by e-mail at [email protected].

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; the search queries you submit to the Online Services; the date and the time of a visit; the websites you visited immediately before and after visiting the Online Services; and ads you click on, view, or tap; 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 navigate through the Online Services; information collected automatically may include usage details, IP addresses, and information collected through cookies, 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 to TheFly's Online Services, posting material, or requesting further services; TheFly may also ask you for information when you enter a contest or promotion sponsored by TheFly, and when you report a problem with the Online 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; you may be required to provide financial information before placing an order through the Online Services; and your search queries on the Online Services.

INFORMATION THEFLY COLLECTS THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you 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 on the Online Services; 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 information TheFly collects automatically can be statistical data and may include personal information, or TheFly may maintain it or associate it with personal information TheFly collects in other ways or receives from third parties. It helps TheFly improve the Online Services and deliver a better and more personalized service, including by enabling TheFly to:

  • TheFly's audience size and usage patterns;
  • store information about your preferences, allowing TheFly to customize the Online Services according to your individual interests;
  • speed up your searches; and
  • recognize you when you return to the Online Services.

The technologies TheFly uses for this automatic data collection may include the following.

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Online Services. Unless you have adjusted your browser setting so that it will refuse cookies, TheFly's system will issue cookies when you direct your browser to the Online Services.
  • Flash Cookies. Certain features of the Online Services may use local stored objects (or Flash Cookies) to collect and store information about your preferences and navigation to, from, and on the Online Services. Flash cookies are not managed by the same browser settings used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use And Disclose Your Information below.
  • Web Beacons. Pages of the Online Services or TheFly's e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit TheFly, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements, on the Online Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Online Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. TheFly does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use And Disclose Your Information below.

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 and its contents to you;
  • to provide you with information, products, or services that you request from TheFly;
  • to fulfill any other purpose for which you provide to TheFly;
  • to provide you with notices about your account/subscription, including expiration and renewal notices;
  • to carry out TheFly's obligations and enforce TheFly's rights arising from any contracts entered into between you and TheFly, including for billing and collection;
  • to notify you about changes to the Online Services or any products or services TheFly offers or provides though it;
  • to allow you to participate in interactive features on the Online Services;
  • in any other way TheFly may describe when you provide the information; and for any other purpose with your consent.

Some of the personalization features of the Online Services may be performed through automated decision-making processes.

If you choose not to provide TheFly with your personal information, TheFly will not be able to provide you with the associated benefits such as a personalized experience on the Online Services, presentation of relevant content, advertisements, offers, promotions, or other purposes that you specify when TheFly requests this information.

In addition, TheFly uses your information to contact you about TheFly's and third parties’ goods and services that may interest you. If you do not want TheFly to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use And Disclose Your Information below.

TheFly uses the information we have collected from you to enable TheFly to display advertisements to its advertisers’ target audiences. Even though TheFly does not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may automatically receive traffic information such as your IP address, and may assume that you meet its target criteria.

How To Manage Cookies From The Online Services

You can withdraw or modify your consent to TheFly's use of cookies at any time, except for those that are strictly necessary or are required to provide the information or functionality you request. If you want to withdraw or modify your consent, you can usually use the browser that you are viewing the Online Services through to define the conditions of storing or gaining access to cookies and in particular to enable, disable, or delete cookies. To do this, follow the instructions provided by your browser. Please note that if you set your browser to disable cookies, you may not be able to access secure areas of the Online Services, and other parts of the site may also not work properly.

You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org.

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 disclose personal information that TheFly collects or you provide as described in this privacy policy:

  • to TheFly's subsidiaries and affiliates (meaning companies that control, are controlled by or under common control with TheFly);
  • to contractors, service providers, and other third parties TheFly uses to support our business;
  • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of TheFly's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by TheFly about the Online Services users is among the assets transferred;
  • to third parties to market their products or services to you if you have consented to or not opted out of these disclosures; for more information, see Choices About How We Use And Disclose Your Information below.
  • to fulfill the purpose for which you provide TheFly;
  • for any other purpose disclosed by TheFly when you provide the information; and
  • with your consent
  • .

TheFly may also disclose your personal information:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce or apply TheFly's Terms of Use and other agreements, including for billing and collection purposes; or
  • if TheFly believes disclosure is necessary or appropriate to protect the rights, property, or safety of TheFly, our customers, or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  • CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

    TheFly strives to provide you with choices regarding the personal information you provide to TheFly. TheFly has created mechanisms to provide you with the following control over your information.

    • Disclosure of Your Information for Third-Party Advertising. If you do not want TheFly to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by checking the relevant box located on the form on which TheFly collects your data (the registration form). You can also always opt-out by logging into the Online Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending TheFly an email stating your request to [email protected].
    • Promotional Offers from TheFly. If you do not wish to have your contact information used by TheFly to promote TheFly's or third parties’ products or services, you can opt out by checking the relevant box located on the registration form or at any other time by logging into the Online Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending TheFly an email stating your request to [email protected]. If TheFly has sent you a promotional email, you may send TheFly a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to TheFly as a result of a product purchase, warranty registration, product service experience, or other transactions.
    • TheFly does not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. For example, you can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website and you can opt out of targeted ads from members of the Digital Advertising Alliance (“DAA”) by clicking on the YourAdChoices icon.

    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 at [email protected] to request access to, correct, or delete any personal information that you have provided to TheFly. TheFly cannot delete your personal information except by also deleting your user account. TheFly may not accommodate a request to change information if TheFly believes the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the Online Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Online Services users. Proper access and use of information provided on the Online Services, including User Contributions, is governed by our DISCLAIMER AND TERMS OF USE.

    YOUR CALIFORNIA PRIVACY RIGHTS

    California Civil Code Section 1798.83 permits users of the Online Services that are California residents to request certain information regarding TheFly's disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write to TheFly at: Thefly.com LLC, 428 Springfield Ave, Summit, NJ 07901.

    DATA SECURITY

    TheFly has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

    The safety and security of your information also depends on you. Where TheFly has given you (or where you have chosen) a password for access to certain parts of the Online Services, you are responsible for keeping this password confidential. TheFly asks you not to share your password with anyone. TheFly urges you to be careful about giving out information in public areas of the Online Services like message boards. The information you share in public areas may be viewed by any user of the Online Services.

    The transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Online Services. Any transmission of personal information is at your own risk. TheFly is not responsible for circumvention of any privacy settings or security measures contained on the Online Services.

    NON-US USERS; USERS FROM THE EUROPEAN ECONOMIC AREA

    Privacy laws and expectations vary from country to country. If you are visiting the Online Services from locations outside the United States, please note that by providing your information to TheFly, you are agreeing to the transfer of your information to, and the collection and processing of such information in, the United States. U.S. laws regarding the collection, use, disclosure, and processing of information may vary from those in other countries and may be less stringent than the applicable laws in your jurisdiction. By providing TheFly with your personal information, you consent to any transfer and processing in accordance with this Privacy Policy.

    If you are located in the European Economic Area (“EEA”), please note the following:

    Data transfer: In order to ensure that your information is protected when transferred out of the EEA, TheFly relies on standard contractual clauses approved by the European Commission or by adopting other means to ensure that adequate safeguards are applied.

    Individual data rights: Individuals from the EEA have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, object to or limit the use of your personal data, or to request data portability. If you wish to exercise these rights, please reach out to us at [email protected].

    Legal basis: We note, for individuals from the EEA, that when TheFly obtains your personal data TheFly serves as a data controller, and TheFly processes your personal data pursuant to consent (such as, when you provide us with registration information), or to pursue legitimate business interests described above (such as to support direct marketing efforts, or to prevent fraud). If you believe that your personal information has been used in a manner that is not consistent with the relevant privacy policies listed above, please contact TheFly using the information below. You have a right to make a complaint regarding our data practices with the applicable supervisory authority in the members state of your residence.

    Data Retention: For individuals in the EEA, TheFly's policy is to retain your personal data until you terminate your account, or otherwise if needed to meet outstanding contractual requirements, retention requirements imposed by a legal process, or for operational or similar audit requirements.

    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 of the privacy policy. Any changes will become effective when TheFly posts the revised privacy policy. Your use of the Online Services following these changes means that you accept the revised privacy policy.

    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 [email protected].

    Our address is: Thefly.com LLC, 428 Springfield Ave, Summit, NJ 07901