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 moths 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.
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 NAD 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 FOR 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
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, 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.
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 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 without limitation, your name, address, telephone number, email address, or any screen name or user name or means of payment 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 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 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 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 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 on the Online Services; and
- information about your equipment, 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:
- measure and monitor 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 better your use of the Online Services; and
- recognize you when you return to the Online Services.
The technologies TheFly uses for this automatic data collection may include, without limitation, the following.
- 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).
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 the same 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 without limitation 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 up to and including the Online Services themselves.
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, for example, your IP address, and may assume that you meet its target criteria.
How To Manage Cookies From The Online Services
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.
- 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 the same to TheFly;
- for any other purpose disclosed by TheFly when you provide the information; and
- for any other purpose, 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;
- 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, preferably, 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, preferably, 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
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].
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 and to keep all of your user information updated and secured. 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, TheFly 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 or applied thereto.
NON-US USERS; USERS FROM THE EUROPEAN ECONOMIC AREA
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.
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].