Terms of Use

Terms of Use Last Updated: 08/5/2020

The Terms and Conditions set forth herein (the “Terms”) is a legal contract between you (the words “you,” “your,” “user” or “member,” as used herein, refer to all individuals and/or entities accessing or using the Site or any Services, for any reason) and Frontier Financial Group, Inc. (“FFG”, “we” or “us”). The Terms explain how you are permitted to use the websites (frontierfinancials.com, newfrontierdata.com, equio.newfrontierdata.com),  the Equio® Platform, as well as all linked websites by FFG, its subsidiaries and affiliated companies (collectively, the “Site”), and all software, Services, or content and data associated with the Site (collectively, the “Services”) and any products offered via the Site (collectively, the “Products”). Unless otherwise specified, all references to the Site include products and/or Services available and offered through the Site. These Terms apply to any mobile application. Your access, link to, or use of the Site or any Service, including but not limited to registering for an account, downloading, purchasing, subscribing to the Products and/or Services, or use on mobile application after the posting of modifications to these TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept these TOS, you may not access, link to, or use the Site or the Products and/or Services. Any terms and conditions proposed by you which are in addition to or which conflict with these TOS are expressly rejected by FFG and shall be of no force or effect.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH FFG. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

General Use

FFG provides content specific Products and Services through the Site that are the copyrighted and/or trademarked or otherwise considered proprietary or owned property of FFG or FFG’ third-party licensors, suppliers, or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, podcasts, images, software, raw data, reports, blogs, charts, newsletters, and other content. Specific terms of the license may vary depending on the Materials.

License.

FFG hereby grants you and your authorized users a fully revocable, nontransferable, nonexclusive right to use the Site and certain Products and/or Services. The foregoing right has been granted to you subject to your agreement to abide by the Agreement as well as any other rules, procedures, policies, terms or conditions governing or varying based on the Site and the Products and/or Services that may be displayed from time to time on the Site, in the Products and/or Services, or otherwise provided to you by FFG and to which Users will be bound. You must be authorized by FFG (whether directly or through its licensees or distributors) to access and use the Site and the Products and/or Services.  The Site and the Service are licensed, not sold, and you and your Users receive no title to or ownership of the Site or the Services itself, unless otherwise expressly permitted in written form. Furthermore, you receive no rights to the Site or the Products and/or Services other than those specifically granted herein, all such rights being reserved to FFG. If you are using the Site, Products and/or Services on behalf of any other person or entity (each, a “Person”), (i) you must be duly authorized by such Person to act on their behalf and have the requisite power and authority to act on behalf of and legally bind such other Person; (ii) if such Person subsequently disputes such power or authority, you hereby agree to provide or execute and deliver such other documents and/or take such other actions required on your part to prove that you have (or had, at all relevant times) such requisite power and authority; and (iii) if such Person disputes such power or authority, you shall be liable and shall indemnify FFG and the other Covered Persons (hereinafter defined) for such dispute and/or for any failure of such Person to comply with the Agreement.  In the event any of your affiliates, contractors, or consultants use the Site or the Products and/or Services, you shall ensure that each such affiliate, contractor, and consultant complies with each and every of your obligations hereunder and you shall be responsible for such compliance.

Permitted Use of Data

You may not resell data purchased from NFD in its raw or current form, nor make public or distribute or share with others by any method or form.

You may (a) subject to limits specified by FFG from time to time, download, extract, or transfer permitted content to servers, hard drives, or other storage devices located on your network or hard drives (the “Storage Location”), provided that the Storage Location only accessible to you and your  authorized users; (b) access the Products and/or Services on the Site for internal business use and analysis; and (c) use the Products and/or Services to create Resultant Data (hereinafter defined) (d) for users with permitted access, use the downloadable charts and graphs in Equio®, with appropriate crediting source as included on the image.

As used herein, “Resultant Data” means data created by users in compliance with the Agreement, in whole or in part using the Products and/or Services or any content, which cannot be: (i) reverse-engineered to recreate the original Products and/or Services or any content, and (ii) used to create other data that is a reasonable facsimile for the Products and/or Services or any Content. You shall ensure that all documents, materials, reports, presentations, charts, graphs, infographics, blogs, articles and any other materials (published or internal) that contain, incorporate, or are based upon Products and/or Services or Content clearly cite FFG as a source (described as “New Frontier Data”).

Notwithstanding the foregoing or anything to the contrary contained herein, you may not use, transfer, distribute, or dispose of Products and/or Services, Content, or Resultant Data that in any manner does or could compete with or harm FFG.

Charts and Graphs

Reproduction of Charts, Graphs, Maps or other Permitted Uses of data, as described in this Agreement, must be visibly attributed to “New Frontier Data”.

Privacy Policy

For information on FFG’ Privacy Policy, see the Privacy Policy page as well as the Privacy section below (the “Privacy Policy”) which explains how we treat the information that we collect about you through the Site. You may make changes to the way we treat your Personal Information by emailing Privacy@NewFrontierData.com.

Modifying Content And Terms Of Use

FFG reserves the right to make changes to the content and features of the Site and any Products or Services at any time without notice to its users. FFG can change, update, add, or remove provisions of these Terms, at any time by posting updated Terms. If we make a material modification to these Terms or the Privacy Policy, we will notify you by (1) sending an email to the email address you have provided in your FFG registered account (if applicable) or, (2) displaying an announcement on the Site above the text of the Terms or the Privacy Policy, as appropriate for thirty (30) days after which the notice will be removed. Except as otherwise provided in this paragraph, these Terms may not be amended.

Eligibility

Age. Users must be at least eighteen (18) years old or the age of majority in the jurisdiction in which you reside in order to use the Site and the Products and Services. By using the Site or the Products or Services, you represent, acknowledge, and agree that you are at least 18 years of age and have the right, authority, and capacity to agree to and abide by these Terms. FFG may terminate these Terms and your use of the Site, Products, and/or Services without notice if we, in our sole discretion, believe that you are less than 18 years old, or have otherwise violated the Terms.

Compliance with Law. You also represent that you will use the Site, Products, and/or Services in a manner consistent with any and all applicable laws and regulations.

Compliance with Data Privacy Laws. Certain Services may transfer Personal Information to the User that is regulated by the governing authorities of California, EU and other jurisdictions. Where applicable, Users shall, at their own expense, ensure that they complies with any and all relevant laws, regulations, and best industry standards where applicable, and assists the other party to comply, with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including but not limited to (i) General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and any other applicable privacy laws of the jurisdiction in which the data is shared, stored, collected, transmitted or processed.

Availability. Not all Products and Services are available in all geographic areas. Your eligibility for certain Products or Services is subject to final determination by FFG and/or its affiliates.

Geo-Location Terms

The Products and Services may include and make use of certain functionality and services provided by third parties that allow Frontier Financials to include maps, geocoding, places, and other content from those third parties as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services may be subject to such third parties’ Terms of Use.

 

Using the Site, Products or Services

There are two ways you can register for the Site, Products or Services : (a) You can become a registered user by providing some basic information and email address which will entitle you to certain free information and data transmitted to our registered users; or (b) You can register for a paid account which will entitle you to purchase Products and Services and have access to any limited-time free-trial period Products and Services. You can also update your preferences, and complete other tasks if you have a registered account with us.

In order to access certain password-restricted areas of the Site and to use certain Products and Services offered on and through the Site, you will be required to register for a user account and receive a password. If any Product or Service is based on a subscription offering, you must also choose a subscription level. Please note that the Products and Services available to you may also vary depending upon your subscription level.

Password-Restricted Areas

In order to register for an account with the Site, you must submit certain information through an account registration page on the Site or with a Customer Service Representative, including your name and email address, location, contact information, and other information as needed. You can also provide additional optional information to customize your experience (user, company, expertise, and other information). Once you have submitted your registration information, FFG reserves the right to approve or reject the requested registration, at our sole discretion. You are under no obligation to purchase any Products or Services by simply registering with the Site, however some Products or Services may require purchase to download those Products or Services. If you register for an account, you may be entitled to a limited-time free trial period access to certain Products or Services for the stated free trial period. If you fail to terminate the trial service by the end of the free trial period, you will be responsible for the fees associated with continuing the Product or Service thereafter. You are responsible for maintaining the confidentiality of your FFG registered account password (“Password”), and for all activities that occur using your Password including any purchases of Products or Services. Any failure to terminate by the end of a free trial period will result in automatic renewal of the subscription to access the Products and Services. You agree not to share your Password, let others access or use your Password, or do anything else that might jeopardize the security of your Password. You agree to notify FFG if your Password is lost or stolen, if you are aware of any unauthorized use of your Password on the Site, or if you know of any other breach of security in relation to the Site. All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete, and up to date. You may change, correct, or remove certain information from your account by logging into the Site and making the desired changes to your information.

Term and Termination

The term of the Agreement will commence on the date of first use of this Site, registration for an account, download, purchase, or subscription to the Products or Services. Renewal terms can be found at http://newfrontierdata.com/equio-faq.  Certain terms of this Agreement shall extend beyond the expiration or termination of the user’s subscription, use, contractual or other relationship to the Products and/or Services, as described in Effect of Termination below.

FFG may terminate the Agreement immediately upon notice of breach of any material terms of this Agreement.  FFG may immediately terminate your use of the Site, Products, and/or Services without notice if FFG, in our sole discretion, believes that you are less than 18 years old, or have otherwise violated the Terms.

Effect of Termination

FFG reserves the right to suspend or terminate your access to and use of all or any portion of the Site or Products and/or Services at any time in its sole discretion as necessary to preserve and protect the security of the Site or the Products and/or Services or the rights of FFG or any Supplier (as hereinafter defined). In the event the use of the Site or the Products and/or Services is suspended or terminated, the Agreement will continue to apply to your past use of the Site and Products or Services in the form in which it then existed at the time of the subject use. Termination or expiration of your access to and use of the Site and Products and/or Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to FFG.  Without limiting the foregoing, the provisions of these TOS including not limited to those relating to intellectual property, restrictions, confidentiality, indemnification, warranties, compliance with law, payment, Resultant Data, and limitations on liability and obligation to cite New Frontier Data as a source for all Data, shall survive any termination of the Agreement. Upon the termination or expiration of the Agreement: (a) all licenses shall terminate, and you and all authorized users shall immediately cease and desist all use of the Site, Content, Products and/or Services; (b) unpaid fees and other amounts payable to FFG shall accelerate and be immediately due.

Subscription Fees and Automatic Renewal

By registering for an account with FFG, you become a registered user of all Sites and platforms owned by Frontier Financial Group, Inc. with limited access to certain password-restricted areas of the Site and certain Products and Services offered on and through the Site. Each registered account and the rights and privileges provided to a registered user is personal and non- transferable. All sales and payments for Products and/or Services will be in US Dollars. All payments for Products and/or Services are non-refundable under any circumstances and for subscription-based Products and/or Services, the payment obligation continues for the remainder of the contracted subscription term once the term commences. Our current Product, Services, and subscription options and fees are posted at newfrontierdata.com/subscription-pricing. Your fee will be the price posted on the Site effective on the date that you place the order for such subscription. FFG reserves the right to change prices for Products and Services at any time, upon notice, and does not provide price protection or refunds in the event of promotions or price decreases. You may pay for your ordered Products or Services with credit and debit card payments (Visa, MasterCard, American Express, and Discover) through our third-party servicer. We will charge your credit or debit card for any one-off Product purchase on the date we process your order and in the case of any subscription service; the first subscription fee will be charged on the date that we process your order for your subscription (or if you sign- up for a subscription Product or Service that includes a free trial period, we will charge your credit or debit card for your first subscription fee upon the expiration date of the applicable free trial period). Once your credit or debit card is charged the first subscription fee (or if you sign up for a subscription that includes a free trial period, once we have processed your order for your subscription), you will receive a confirmation e-mail notifying you of your ability to access those subscription-only portions of the Products or Services on the Site.

IMPORTANT NOTICE: FFG WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON THE DAY YOUR CURRENT SUBSCRIPTION PERIOD EXPIRES (THE “RENEWAL DATE”) INCLUDING ANY FREE TRIAL PERIOD WHICH WILL AUTOMATICALLY RENEW TO A PAYING SUBSCRIPTION, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE RENEWAL DATE. FFG WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT ON THE RENEWAL DATE. DISCOUNTED SUBSCRIPTIONS AND FREE TRIAL SUBSCRIPTIONS WILL BE CHARGED AT THE REGULAR PRICE IN EFFECT ON THE DATE YOU SUBSCRIBED TO THE FREE TRIAL OR DISCOUNTED SUBSCRIPTION.

You will be liable for paying any and all applicable sales and use taxes for the purchase of your Products and Services based on the mailing address that you provide when you register as an account holder, and you authorize FFG to charge your credit or debit card for any such applicable taxes. FFG reserves the right to modify pricing at any time, upon advance notice to you. If you have not canceled your subscription-based Product or Service or turned off the auto-renew function within the specified time after receiving notice of a price change, your subscription will automatically renew at the price indicated in your notice. You may choose to turn off the auto-renew function by emailing CustomerCare@NewFrontierData.com for assistance.

Purchases & Refunds

Upon purchase, you agree to pay all fees or charges to your account based on FFG’ fees, charges, and billing terms in effect on that day. If you do not pay on time or if FFG cannot charge your credit, debit card, or other available payment method for any reason, FFG reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that FFG is permitted to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with your use of this Site. The fees will be billed to your credit card or other available payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms.

Refund Policy. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that FFG may charge such unpaid fees to your credit card or debit card or otherwise bill you for such unpaid fees. All fees paid to FFG are non-refundable. Please contact CustomerCare@NewFrontierData.com for any questions or issues.

Electronic Communications

By using the Site, Products, and/or Services, you consent to receiving electronic communications from us and from third parties we do business with. These electronic communications may include information about FFG’ Products, Services, features of the Site, notices about applicable fees and charges, transactional information, and other information concerning or related to the Site, Products and/or Services. These electronic communications are part of your relationship with FFG.

Intellectual Property

The Site and the Products and/or Services, including, all of the content, information, and data they contain, or may in the future contain (the “Content”), including but not limited to data, text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to the Site or the Products and/or Services, are owned by or licensed by FFG or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Products and/or Services are also, to the fullest extent permitted by applicable law, protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Products and/or Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Products and/or Services. You acknowledge that the Site and the Products and/or Services have been developed, compiled, prepared, revised, selected, and arranged by FFG through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of FFG. You agree to protect the proprietary rights of FFG having rights in the Service during and after the term of the Agreement and to comply with all reasonable written requests made by FFG or its suppliers and licensors of data, information, software, content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Products and/or Services and the Site. You agree to notify FFG in writing promptly upon becoming aware of any unauthorized access or use of the Products and/or Services or the Site by any individual or entity or of any claim that the Products and/or Services or the Site infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Except as otherwise expressly provided in the Agreement, all present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Products and/or Services and the Site, including derivative works thereof (the “Intellectual Property Rights”) shall, as between you and FFG, at all times be and remain the sole and exclusive property of FFG. All present and future rights in and title to the Products, Services and the Site (including the right to exploit the Products and/or Services and the Site and any portions of the Products and/or Services and the Site over any present or future technology) are reserved to FFG for its exclusive use. Except as specifically permitted by the Agreement, you shall not use the Intellectual Property Rights, the Site, or the Service, or the names of any individual participant in, or contributor to, the Products and/or Services, or any variations or derivatives thereof, for any purpose, without FFG’s prior written approval.

Links To Third Party Sites

The Site may link to third-party websites and applications that are not operated by FFG (collectively, “Third Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third Party Sites and configure your privacy settings in your Third Party Site account to permit your activities on the Site to be shared with your contacts in your Third-Party App account.  You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions, and/or user guides and business practices than FFG, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy policy, terms and conditions, and/or user guides. You hereby agree to comply with any and all terms and conditions, user guides, and privacy policies of the Third-Party Sites. FFG does not verify, make any representations or take responsibility for such Third Party Sites, including, but not limited to, the truthfulness, accuracy, quality or completeness of their content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT FFG WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Any reference on the Site to any product, service, publication, institution, organization of any Third Party entity or individual does not constitute or imply FFG’ endorsement or recommendation.

Third-Party Content

Third-Party Content is non-User Content which is provided by third-party licensors, suppliers, sponsors, advertisers, and other affiliates to FFG (“Suppliers”). The Third Party Content is the copyrighted and/or trademarked work of the creator/licensor. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display, edit, alter, republish, resell, redistribute or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. You agree to only display the Third Party Content on your personal computer solely for your personal or business use.

FFG DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

In the event of a discontinuance or termination of FFG’s access to any Third Party Data, FFG may in its sole discretion remove the applicable Third-Party Data from the Site or the Products and/or Services or replace any such Third-Party Data with other Third-Party Data. The Third-Party Data is the property of the applicable Supplier(s) or others and is protected by copyright. You acknowledge and agree that such Third Party Data is subject to the additional terms available set forth herein and such other terms as may be required by any Supplier from time to time (the “Third Party Terms”). You agree not to use the Third-Party Data for any purpose other than as expressly permitted by the Agreement and, in particular, not to (i) use the Third-Party Data for any unlawful purpose (including, without limitation, in violation of any rules or regulations of any exchange or self-regulatory organization); (ii) download, modify, reproduce, retransmit, disseminate, sell, lease, distribute, publish, broadcast, circulate, or commercially exploit the Third-Party Data in any manner, without legal authorization from the applicable Supplier(s) per the terms of the Supplier’s own terms of use agreement; or (iii) furnish or otherwise permit or provide access to the Third-Party Data to any person other than permitted and authorized users of the Site and the Products and/or Services in full compliance with the Agreement.  You agree to: (a) clearly identify the Supplier as the source of Third-Party Data, as reasonably identified on the Site; (b) comply with all requests by FFG or any Supplier to protect the Supplier’s and FFG’s respective rights in the Third-Party Data; and (c) take reasonable security precautions to prevent unauthorized access to any Third Party Data, the Products and/or Services, and the Site.  The Suppliers are third party beneficiaries under the Agreement and shall be entitled (along with FFG or alone) to enforce the Agreement by legal proceeding or otherwise for any violation hereof.  Your obligations under this Section shall remain in effect after termination of the Agreement.

Transmissions to FFG

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, and other content or material (“User Content”) that you submit, upload, post, or otherwise make available on or through the Site, Products and/or the Services (each a “Submission”). You may not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights, or any other harm resulting from any Submission that you make. You have full responsibility for User Content and each Submission you make, including its legality, reliability, and appropriateness. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any User Content submitted, uploaded, posted, or otherwise made available by you in connection with your use of the Site, Product and/or Services is provided on a non-proprietary and non-confidential basis unless expressly made in an exclusive written or electronic agreement and mutually executed by both parties.

FFG shall have no obligation of any kind with respect to such ideas, messages, documents, information and/or data and shall be free to use, disclose and/or distribute any such idea, message, documents, information and/or data to others without limitation and to reproduce and use any ideas, concepts, know-how or techniques contained or embodied therein, including without limitation to use such ideas, data, concepts, know-how, techniques, data, and other information in FFG’s business and to develop, manufacture, market and produce products and services incorporating such data, information, ideas, concepts, know-how or techniques.

Unauthorized Activities

When using the Site, Products and/or Services, you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Use racially, ethnically, or otherwise offensive language.

Discuss or incite illegal activity.

Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

Post/disseminate any materials that exploits children or minors or that depicts cruelty to animals.

Post any copyrighted or trademarked materials without the express permission from the owner.

Use any false or inaccurate information for purposes of registering as a user of the Site.

Delete or revise any material or other information of any other user or the Site, or otherwise alter the opinions or comments posted by others on the Site.

Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.

Use any robot, spider, scraper, or other automated means to access the Site.

Use the Site, Products and/or Services for any commercial or pecuniary purpose.

Use the Site in any manner that is harmful to others.

Attempt to modify, adapt, translate, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, Products and/or Services.

Reproduce, duplicate, copy, sell, resell, redistribute, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site, Products and/or Services.

Remove any copyright, trademark, or other proprietary rights notice from the Site, Products and/or Services, or materials originating from the Site.

Frame or mirror any part of the Site, Products and/or Services without FFG’ prior written consent.

Use the Site, Products, and/or Services in a manner that intentionally or unintentionally violates any applicable local, state, national or international law, or in a manner that is inappropriate, harmful, or offensive.

Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or may otherwise harm, disrupt, or overburden the Site, Products, and/or Services.

This list of prohibitions provides examples and is not complete, exclusive, or exhaustive.

FFG reserves the right at its sole discretion to (a) terminate access to your account, your ability to post to the Site (or use the Products or Services) and (b) refuse, delete, or remove any User Content with or without cause and with or without notice, for any reason or no reason, or for any action that FFG determines, in its sole discretion, is inappropriate or disruptive to the Site or to any other user of the Site, Products, and/or Services. FFG may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at FFG discretion, FFG will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet. Unauthorized use of any Materials, Third Party Content, Products, and/or Services contained on the Site may violate certain laws and regulations. You agree to indemnify and hold harmless FFG and its affiliates from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) FFG or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including, but not limited to, your participation in the posting areas or, your User Content) violates any applicable law or regulation, or the copyrights, trademark rights, or other rights of any third party.

Intellectual Property Infringement

FFG respects the intellectual property rights of others, and we ask you to do the same. FFG may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site, Products, and/or Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, Products, and/or Services, please provide email Legal@NewFrontierData.com the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online Site are covered by a single notification, a representative list of such works at that Site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit FFG to locate the material.

Information reasonably sufficient to permit FFG to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

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 and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification. Pursuant to the Digital Millennium Copyright Act (“DMCA”), we will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received.

If you receive such notice from us, you may provide us with a counter- notification in writing to FFG designated agent that includes all of the following information:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which FFG may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Restrictions

You agree that, except as expressly permitted by the Agreement, you will not publish, broadcast, retransmit, reproduce, commercially exploit, create any derivative of or otherwise disseminate or disclose to any Person, the Site or the Products and/or Services. You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Products and/or Services or the Site, any activities conducted on or through the Products and/or Services or the Site or any servers or networks connected to the Products and/or Services or the Site. You may neither obtain nor attempt to obtain through any means any materials or information on the Site or the Products and/or Services that have not been intentionally made available either by public display on the Site or Products and/or Services or through accessibility by a visible link on the Site or Products and/or Services. You shall not violate the security of the Site or the Products and/or Services or attempt to gain unauthorized access to the Site or the Products and/or Services, data, source data and dictionaries, materials, information, computer systems or networks connected to any server associated with the Site or the Products and/or Services, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of FFG, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the Products and/or Services or the infrastructure underlying or supporting the Site, Products and/or Services. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Site, Products and/or Services or any data or content found on or accessed through the Site, Products and/or Services without the prior express written consent of FFG. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.  You shall not, directly or indirectly, during the term of the Agreement or thereafter, engage in or permit any other person or entity to engage in any of the following actions: (i) decompile, disassemble, modify, translate, or reverse engineer the Site, Products and/or Services, or any Content or otherwise attempt to obtain the source code for the Site, Products and/or Services or the constituent or underlying data contained in or comprising the Products and/or Services or any Content; (ii) sell, license, sublicense, rent, lease, timeshare, assign, pledge, or otherwise encumber the Site, Products and/or Services, or any Content or, except such use on your behalf which is expressly permitted by and subject to the Agreement, permit any other Person to use the Site, the Products and/or Services, or the Content; (iii) use any name, trade mark, service mark, logo(s), or other intellectual property of FFG without FFG’s prior written consent in each instance; (iv) use the Site, the Products and/or Services, or any Content for any purpose other than as expressly permitted hereby; (v) develop or assist in the development of any website, platform, software, technology, data or information product, or service competitive with or similar to the Site, the Products and/or Services, or any Content (including, without limitation, including any similar ideas, functionality, content, data, features, functions or graphics); or (vi) modify, alter, tamper with, translate, repair or (except with respect to Resultant Data) create derivative works based on or using the Site, Products and/or any Services or Content.

Geo-Location Terms

The Products and Services may include and make use of certain functionality and TERMINATION OF REPEAT INFRINGERS

FFG reserves the right, at its sole discretion, to terminate the account or access of any user of our web Site and/or Products or Services who is the subject of repeated DMCA or other infringement notifications cited in the Terms.

Privacy

For the purposes of providing and maintaining the Site and the Products and/or Services and for general administrative purposes with regard to the Agreement, the Products and/or Services, and the Site, FFG, its designees, licensees, and the Suppliers shall have access to certain information, including without limitation names, functions, business units and contact details which constitute “personal data”, “personal information” or any other similar term as defined in applicable law, or information or materials, in any form, that alone or in combination with other information or materials: (i) uniquely identifies any individual (e.g., names, addresses, telephone numbers, account information, financial information, etc.); or (ii) is considered “sensitive personal data” such as political opinions, ethnicity, religious beliefs, or health information (all such information, “Personal Data”) of your employees, temporary and casual workers, officers, directors, representatives, consultants, agents, independent contractors, and other personnel including, but not limited to, Users (“Personnel”).  FFG and each Supplier has the right to use, disclose, and transfer the Personal Data in accordance with the provisions of the Agreement.  Without limitation, the Personal Data will be stored and processed globally in by and on behalf of FFG and the Suppliers, including in contact databases and to third party affiliates, service providers, and agents of FFG and such Suppliers, and including transfers to countries outside of the applicable Personnel’s home country whose data protection standards are different than those of the origin country.  It is your sole responsibility to ensure at its own cost that the collection of Personal Data and the making available of Personal Data to FFG and Suppliers for the above purposes (including, without limitation any transfer thereof) complies with any applicable laws including without limitation any employment, labor, data protection and privacy laws. Without limiting the generality of the foregoing, you shall where and as legally required by applicable law inform the Personnel on, and obtain their explicit consent to, the processing (including transfer) of such Personal Data by FFG for purposes of the Agreement, and your (and each User’s) acceptance of the Agreement shall constitute your (and each User’s) representation and warranty that all such consents have been granted.  Without limiting the foregoing, information that FFG gathers from Users via their use of the Site or the Products and/or Services is governed by FFG’s privacy policy:  https://newfrontierdata.com/privacy-policy/.

Confidentiality

Depending on your subscription to the Products and/or Services, you may be exposed to certain confidential and proprietary information of FFG (“Confidential Information”). Confidential Information includes the Site, the Products and/or Services and the Content, including without limitation, all methodologies, source data, data and databases, and software and analytical tools contained therein, together with all non-public information disclosed to you by or on behalf of FFG, whether or not labeled or identified as proprietary or confidential. All Confidential Information shall remain the property of FFG, and you shall acquire no interest therein.

You shall not in any way disclose or disseminate Confidential Information to any third party, and shall only use Confidential Information to the extent necessary to use the Products and/or Services and the Site in accordance with the terms and conditions of the Agreement.

Reservation of Rights

FFG may modify the fees you or your organization pays to FFG.  In addition, in its sole discretion at any time that FFG deems necessary or otherwise desirable, in each case to the fullest extent permitted by applicable law and without notice or liability to you, FFG may: (1) modify, add, or delete certain portions of the Products and/or Services or the Site; (2) change or modify the format, medium, or means of access to or delivery of the Products and/or Services or the Site; and, (3) make unscheduled deployments of updates, enhancements or such other changes to any Content, the Site or the Products and/or Services.  You acknowledge and agree that the licenses granted herein are non-exclusive, and that FFG has all right and authority, in its sole and absolute discretion, to license the Content, Products and/or Services, and Site to, and for use by, any other Person.

Warranty Disclaimers

THE SITE, THE PRODUCT AND/OR SERVICES, AND THE CONTENT (INCLUDING, WITHOUT LIMITATION ALL THIRD PARTY DATA) ARE PROVIDED “AS-IS”, “AS-AVAILABLE”, WITHOUT WARANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FFG MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, (A) WARRANTIES OF TITLE AND EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR SEQUENCING OF THE SITE, THE PRODUCT AND/OR SERVICES, THE CONTENT, OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR VIA THE SITE OR THE PRODUCT AND/OR SERVICES.  WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OPERATES ERROR-FREE AND THAT FFG DOES NOT WARRANT THAT THE SITE OR THE PRODUCT AND/OR SERVICES AND THE COMPONENTS COMPRISING THE SITE OR THE PRODUCT AND/OR SERVICES WILL OPERATE WITHOUT ERROR OR INTERRUPTION.

Content has not been verified or authenticated in whole or in part by FFG, and they may include inaccuracies or typographical or other errors. FFG does not warrant the accuracy of timeliness of the Materials contained on the Site, Products, and/or Services. FFG has no liability for any errors or omissions in the Materials, whether provided by FFG, our licensors or suppliers or other users.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FFG, THE SUPPLIERS OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, MEMBERS, CONSULTANTS, ADVISORS, LICENSORS, OR EMPLOYEES (COLLECTIVELY, “COVERED PERSONS”) BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR  ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING FROM OR RELATED TO THE AGREEMENT, THE SITE, THE PRODUCT AND/OR SERVICES, THE CONTENT (INCLUDING, WITHOUT LIMITATION ANY USE OF, OR INABILITY TO USE THE SITE, PRODUCT AND/OR SERVICES, OR ANY CONTENT) OR OMMISSIONS, ERRORS, OR MISINTERPRETATION OF THE CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, OR WHETHER A COVERED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.  IN NO EVENT SHALL THE LIABILITY OF ANY COVERED PERSON IN ANY CIRCUMSTANCE EXCEED $100.  WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS PARAGRAPH, THESE LIMITATIONS ALSO APPLY TO ANY THIRD PARTY CLAIMS AGAINST USERS. HOWEVER ARISING, EVEN IF FFG KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE, FFG’S MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND ANY MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO FFG WITHIN THE 12-MONTH PERIOD PRECEDING THE DATE THE CLAIM FIRST AROSE.

FFG provides a software-as-a-service (SaaS) application for the visualization of data, a customer relationship management (CRM) –based tool and various industry reports and Products and/or Services for individuals or companies interested in the cannabis industry. FFG is not involved in the actual transaction between and/or entities involved in the production or sales of cannabis or cannabis related products, Services or advice thereon. As a result, FFG has no control over User Content, or the quality, safety, or legality of transactional data and makes no representations about User Content. FFG will not be responsible for any investment decisions, for whatever reason, made by any entity in connection with data posted on or through the Site. You acknowledge and agree that you are solely responsible for the accuracy, form, and substance of any of your User Content. You further acknowledge and agree that you are responsible for evaluating any Materials (including but not limited to financial data) and that FFG will not be responsible for your decisions.

Indemnity

You will indemnify, defend, and hold harmless FFG and all other Covered Persons against and from any and all actions, causes of action, claims, demands, costs, liabilities, expenses (including reasonable attorneys’ fees and court costs), and damages based on, arising out of or relating to: (i) use of the Site or the Products and/or Services by you or with your Access Methods; (ii) your breach of the Agreement (including, without limitation, any Third Party Terms or any representation, warranty or covenant made by you herein); (iii) your violation of any applicable law or any third party’s rights; or (iv) your infringement of any intellectual property or other proprietary right of FFG, any Supplier or any other third party.

Discontinuation

FFG reserves the right to suspend or discontinue your individual access to or use of any FFG Site or Products and/or Services at any time, without notice, if FFG determines you have breached these TOS, violated any law or engaged in any inappropriate conduct, or if your subscription to the Products and/or Services is cancelled or suspended. FFG will not be liable to you for any such suspension or discontinuation.

Governing Law

The validity, construction, interpretation, and performance of the TOS shall be governed by and construed in accordance with the domestic laws of the District of Colombia.

Dispute Resolution and Arbitration; Class Action Waiver (“Dispute Provision”)

Please read this Dispute Provision carefully. It affects your rights. Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at CustomerCare@NewFrontierData.com. This Dispute Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and FFG. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Dispute Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. It provides that all Disputes between you and FFG will be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). For the purpose of this Dispute Provision, “FFG” means FFG and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and FFG regarding any aspect of your relationship with FFG, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and will include any claims against other parties relating to Services or products provided or billed to you (such as FFG’ licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS DISPUTE PROVISION.

Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give FFG an opportunity to resolve the Dispute. You must commence this process by mailing written notification to the address in the Notices section of this Agreement. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If FFG does not resolve the Dispute within 60 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration; Right to Opt-Out. Notwithstanding the above, you or FFG may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Dispute Provision by written notification to FFG via email to Legal@newfrontierdata.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with FFG through arbitration. Your decision to opt-out of this Dispute Provision will have no adverse effect on your relationship with FFG. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures. If this Dispute Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or FFG may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration and will in no event be commenced as a class arbitration. All issues will be for the arbitrator to decide, including the scope of this Dispute Provision. For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection will apply. The AAA rules are available at www.adr.org or by calling 1-800-778- 7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Dispute Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitration of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award. The arbitrator will award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing, but does not need to provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration You or FFG may only initiate arbitration in Washington, District of Columbia.

Payment of Arbitration Fees and Costs. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs will be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with FFG as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator.

Class Action Waiver. Except as otherwise provided in this Dispute Provision, 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 both you and FFG specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site, Products, Services, and/or Materials can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver. You understand and agree that by entering into this Agreement you and FFG are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Dispute Provision, you and FFG might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Violation of Terms

FFG prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by FFG, may result in immediate termination of your access to the Site, Products, Services, and/or Materials without prior notice to you. The FAA, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) will not apply to this Agreement. Except for Disputes subject to mandatory arbitration as described above, any disputes relating to these Terms or the Site will be heard in the courts located in Washington, District of Columbia. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. FFG’ failure to enforce any term of these Terms will not be deemed as a waiver of such term or otherwise affect FFG’ ability to enforce such term at any point in the future. These Terms are the entire agreement between you and FFG and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and FFG about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions will survive any termination of these Terms.

Entire Agreement

The Agreement (including the Privacy Policy and any product-specific provisions), as modified from time to time, constitutes the entire agreement between you and FFG with respect to the subject matter hereof. The Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.

Relationship

Nothing in the Agreement shall constitute or create a joint venture, partnership, or any other similar arrangement between you and FFG. Neither party is authorized to act as agent or bind the other party except as expressly stated in the Agreement.

Assignment

The Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. FFG may assign the Agreement in whole or in part at any time without your consent. User may not assign the Agreement or delegate any of your obligations hereunder without FFG’s prior written consent. Any purported assignment of the Agreement in violation of its terms shall be void.

Severability. If any clause within this Dispute Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Dispute Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Dispute Provision will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.

Continuation. This Dispute Provision will survive the termination of your service with FFG or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if FFG makes any change to this Dispute Provision (other than a change to the Notice Address), you may reject any such change and require FFG to adhere to the language in the applicable Dispute Provision in effect at the time a Dispute between us arises.

Notices

Any notice to FFG that is required or permitted by the Agreement, or by law, shall be in writing, sent by certified mail, and shall be deemed effective upon receipt to address below, or when sent by confirmed e-mail to Legal@NewFrontierData.com or when delivered by registered or certified mail or in person, to:

Giadha DeCarcer
Chief Executive Officer
1400 I Street NW, Suite 350
Washington, D.C. 20005
Attn: Legal Department

 

Local Laws; Export Control

FFG controls and operates the Site from its headquarters in the United States of America, and the Products, Services, and/or Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.

No Waiver

Failure of either party to enforce any of its rights under the Agreement will not act as a waiver of such rights.

You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Product Terms: CannaConnect Data License

(When the Terms of this Product differ from the General Terms, the Product Terms shall apply.)

 

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to FFG, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, Products, Services, and/or Materials, including, but not limited to, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and FFG is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, Products and Services using such Feedback. You understand and agree that FFG is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Contact Us

If you have any questions about these Terms or otherwise need to contact FFG for any reason, you can reach us at Info@NewFrontierData.com or log into your account and submit a request.