Welcome to FRST.com.
FRST.com (the “Site”) is an Internet service owned and operated by FRST Corporation (“FRST”). These terms of service (“Terms of Service”) set forth the legal terms and conditions governing your use of the Site and any other online and mobile websites and applications operated by FRST or its affiliates (unless a different policy is provided on a particular site or application, in which case such different policy shall govern and control).
FRST, along with our affiliates, partners and advertisers, provide content and services to you via the Site subject to these Terms of Service. Your use of the Site tells us that you have read, understood and agree to these Terms of Service. These Terms of Service are a binding contract between you and FRST regarding your use of the Site. FRST reserves the right to update or modify these Terms of Service at any time. Such modifications shall be effective immediately. Therefore, we encourage you to review these Terms of Service whenever you use the Site. If you do not agree with all of the Terms of Service, please do not use the Site.
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SITE. YOUR ACCESS OR USE OF THIS SITE, NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL SIGNIFY ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES OR MODIFICATIONS.
Please note the arbitration provision set forth in Section 17 requiring you to arbitrate any claims you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
The following terms and conditions apply to your use of the Site:
- User Consent to these Terms of Service. You represent: (a) that you have read, understood and agree to be bound by these Terms of Service; (b) that you are of legal age to form a binding contract with FRST; and (c) you are not a person barred from using the Site either (i) under the laws of the country in which you reside or from which you are attempting to access the Site, or (ii) due to prior violations of these Terms of Service.
- Intellectual Property.
- Content. The Site, and all of the content, services and software it contains, or may contain in the future, including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, graphics, designs, applications, articles, opinions, reviews, metadata, data, examples, compilations, the look and feel of the Site, and all other related matters (collectively, the “Content”) are either owned or licensed to FRST and are protected by copyrights, trademarks, database rights, and other intellectual or proprietary rights therein pursuant to U.S. and international laws. FRST actively protects its rights to the Content to the fullest extent of the law. You may not use the Content except as expressly provided in Section 3 of these Terms of Service.
- Marks. The Content includes names, graphics, designs, logos, page headers, button icons, scripts, commercial marking, trademarks, service marks (collectively “Marks”) which belong exclusively to FRST or to its licensors, sponsors or other third parties, as indicated. Except as expressly provided in Section 3 of these Terms of Service, you may not use, copy, reproduce, republish, distribute or modify any Mark in any way, including distributing Content for advertising or publicity or otherwise, without FRST’s prior written consent or the consent of such third party Mark holder, as applicable.
- Use of the Content. You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use only, provided that (a) you do not remove any copyright, trademark or other proprietary notice contained in such Content and (b) you use such Content solely as permitted by these Terms of Service and not in any matter that competes with FRST or that potentially could compete with FRST.
- Use Restrictions. You shall not do any of the following, and shall not, directly or indirectly, allow or enable any third party to do any of the following:
- No commercial purpose. Except as expressly provided in Section 3 of these Terms of Service, you may not sell, lease, reproduce, copy, republish, upload, display, post, transmit, distribute, modify, publicly perform, reverse engineer, adapt, alter, decompile, disassemble or use in any derivative works based thereon or encourage, assist or authorize any other person to do so, or otherwise use for any public or commercial purpose without the prior written consent of FRST or, where applicable, FRST’s licensors.
- No unlawful use. You will not use the Site for any purpose that is harmful, unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, racist, infringing, pornographic, violent, threatening, or hateful, or otherwise objectionable or inappropriate as determined by FRST in its sole and absolute discretion.
- No impersonation. You will not impersonate any person, entity or organization, or misrepresent an affiliation with another person, entity or organization. Further, you will not utilize the Site to plan, conspire or coordinate to attack any person, entity or organization, or any network infrastructure, including planning a “51% attack” or other network attacks.
- No data mining. You will not use or introduce to the Site any data mining, crawling, “scraping”, robot or similar automated or data gathering or extraction method (whether or not the initial or primary purpose of such tool or method is benign, exploratory or malicious), or manually access, acquire, monitor or copy any portion of the Site or download or store Content, except as expressly allowed in these Terms of Service.
- No viruses. You will not upload, post, email, introduce or otherwise transmit any material that contains viruses, corrupted files, or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site. It is your responsibility as part of the user community to inspect and quarantine any suspect file and not to introduce any suspect files to the Site, whether or not they are standalone executable processes.
- No prohibited country. You agrees that you will not use or access the Site from a prohibited country named in the Commerce Control List, found in Supplement No 1 to Part 774 of the EAR, as the same may be updated from time to time. You explicitly and specifically hereby agree not to use or access the Site while physically located in the Islamic Republic of Iran or the Democratic People’s Republic of Korea and not to access the Site or make the Site available to people located in, residing in, or nationals of these places.
- No Fiduciary Relationship. You acknowledge that the Site is provided for informational purposes only and does not constitute investment, accounting, tax or legal advice or an offer to sell or a solicitation of an offer to buy any cryptocurrency, cryptographic tokens or other digital or virtual currency or assets.
- Site Registration. To learn more about our products and services, we may require registration or ask you to provide information so that we can contact you in the future. The decision to provide this information is purely optional, however, if you elect to provide the information, you represent that the information you provide is your own information and such information is accurate, truthful, complete and current. Using a name other than your own legal name is prohibited.
- Right to Perform Maintenance. FRST may, from time to time, perform maintenance upon the Site, which may cause interrupted service or delays or errors in the Site without any notice to you. If FRST provides advance notice of service delays or service interruption, it shall be as a courtesy only and shall not create any duty to provide such notice under these Terms of Service, shall not create any course of dealing or obligation, and/or shall not serve as a waiver of any right under these Terms of Service. The duration of maintenance upon the Site may be unpredictable or inconvenient to you.
- Third Party Data and Disclaimers. Certain components of the Site, including any Content, may contain reference data or other information which may be provided by licensors, sponsors or other third parties or be aggregated from FRST’s internal database. While FRST performs “reasonableness” checks on such reference data, it cannot and does not guarantee the accuracy, completeness or timeliness of any such data.
You acknowledge and agree that the Site (including all Content and other data and information made available via the Site):
- is provided for information purposes only and is not intended for trading purposes;
- may include certain information taken from stock exchanges and other sources from around the world;
- is subject to the terms and conditions of other agreements to which FRST is a party;
- does not constitute a solicitation, offer, opinion, endorsement or recommendation by FRST to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment, and should not be considered sufficient upon which to base an investment decision, as such information is not tailored to the needs of any person, entity or group of persons; and
- is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.
FRST does not express an opinion on the future or expected value of any currency, security or other interest and does not explicitly or implicitly recommend or suggest an investment strategy of any kind. The Content may not be used as the basis of any product (financial or otherwise) without the express prior written consent of FRST.
- Disclaimer of Express and Implied Warranties by FRST. THE SITE, THE CONTENT AND ALL OTHER INFORMATION, CONTENT, MATERIALS, DATA, TOOLS, PRODUCTS AND SERVICES MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND FRST, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, PRESENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, DATA OR ANY OTHER INFORMATION OBTAINED THROUGH OUR SITE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT, DATA OR OTHER INFORMATION ARISING OUT OF YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK WITH RESPECT TO YOUR USE OF THE SITE AND THE CONTENT (INCLUDING, BUT NOT LIMITED TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
- No Personal Right of Action. YOU AND NO OTHER INDIVIDUAL USER OF THE SITE SHALL HAVE ANY PERSONAL RIGHT OF ACTION OF ANY KIND AGAINST FRST OR ITS AFFILIATES WHATSOEVER. THE USE OF THE SITE SHALL NOT CREATE ANY RIGHT OR ACTION IN FAVOR OF YOU OR ANY INDIVIDUAL USER AGAINST FRST, ITS AFFILIATES, OR ANY OTHER PERSON OR ENTITY.
- Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FRST, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, PRESENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY DATA SOURCES, PARTNERS, SERVICE PROVIDERS, INDEPENDENT CONTRACTORS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, WHETHER IN CONTRACT OR TORT, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE, THE CONTENT, OR FROM THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOSS PROFITS, DAMAGES FOR LOSS DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. TO THE EXTENT FRST MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT ITS LIABILITIES, THE EXTENT OF FRST’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
- Retention and Availability. Information created, acquired or collected about you, or otherwise provided by or on your behalf, through the Site may be retained by us for periods of time and in a form as determined by us or required or permitted by applicable law, rule or regulation. Such information may be made available under applicable law to government and self-regulatory agencies and may be disclosed to third parties, legal, regulatory or self-regulatory authorities when we reasonably believe that such action is necessary to conform with legal requirements, comply with legal processes, or protect or defend the rights, property, legal, personal or financial interests of FRST, our affiliates, licensors or others.
- Indemnification. You agree to indemnify and hold FRST, its affiliates, subsidiaries, and their respective successors and assigns, present and former directors, officers, employees, representatives, agents, independent contractors, licensors, advertisers, partners, suppliers and service providers harmless from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with: (a) your violation of these Terms of Service; (b) your use of the Site or Content; (c) any violations made by a third party who accessed the Site on your behalf; or (d) which arises from the use of any Content you submitted, posted, or otherwise provided to FRST or on the Site.
- Jurisdiction. The Site is controlled and operated by FRST from within the United States, and is not intended to subject FRST to the laws or jurisdiction of any country other than that of the United States. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois without regard to conflicts of laws principles. By using the Site, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms of Service will be brought through binding arbitration as set forth below. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED TO THE SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION.
- No Reliance or Representations. You represent that you have read and voluntarily agreed to these Terms of Service, and further acknowledges that no other party or any other person(s) has made any promise, representation or warranty, express or implied, not expressly set forth set forth herein to induce you to accept these Terms of Service, that you have not relied upon any promise, statement, custom or course of dealing, representation, or warranty not expressly set forth in these Terms of Service, that you agree to these Terms of Service based solely upon your own opinion, knowledge, investigation and conclusions, without any fraud, duress, undue influence or reliance upon the statement or representation of anyone, or upon any manner or type of silence or inaction of any other party or person.
- Entire Agreement. These Terms of Service constitute a binding agreement between you and FRST, and are accepted by you upon your use of the Site. These Terms of Service constitute the entire agreement between you and FRST regarding the use of the Site and the Content. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Service.
- Contact Us. If you have any questions or concerns regarding the Site, you can contact us by e-mail at: info@FRST.com, by writing to us at FRST Corporation at 53 W. Jackson Boulevard, Suite 215, Chicago, IL 60604, or by calling us at (312) 422-5559.