Terms of Service and Customer Agreement – Fanatics Markets IB

Effective Date: December 3, 2025

MANDATORY INDIVIDUAL ARBITRATION: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. AMONG OTHER IMPORTANT PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, THESE TERMS OF SERVICE INCLUDE A MANDATORY ARBITRATION PROVISION WHICH SETS FORTH HOW DISPUTES BETWEEN YOU AND FANATICS MARKETS IB SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS AND HOW YOU MAY OPT OUT OF THIS PROVISION. SEE SECTION 19 OF THESE TERMS OF SERVICE, BELOW.

ELIGIBILITY & USE RESTRICTIONS: THE FANATICS MARKETS IB SERVICES CAN ONLY BE USED TO PLACE ORDERS FOR EVENT CONTRACT TRADING IF YOU ARE PHYSICALLY LOCATED IN ONE OF THE STATES IN WHICH FANATICS MARKETS IB OFFERS ITS SERVICES. FOR A LIST OF STATES, PLEASE CLICK HERE. FURTHER, YOUR USE OF THE FANATICS MARKETS IB SERVICES MAY BE LIMITED OR PROHIBITED IF YOUR USE OF THE BETTING AND GAMING SERVICES OF OUR AFFILIATE, FBG ENTERPRISES OPCO, LLC (“FBG”) (DBA FANATICS SPORTSBOOK & CASINO) IS SUBJECT TO RESTRICTIONS, WHETHER DUE TO SELF-EXCLUSION REQUESTS OR OTHERWISE. FOR MORE INFORMATION ON THESE AND OTHER ELIGIBILITY AND USE RESTRICTIONS, SEE SECTION 2 OF THESE TERMS OF SERVICE, BELOW.

Welcome to Fanatics Markets IB! These Terms of Service and Customer Agreement (the “Terms”) form a binding contract between you (“You,” “Your,” or “user”) and Paragon Global Markets, LLC d/b/a Fanatics Markets IB, a Delaware limited liability company (“Fanatics Markets IB,” “we,” “us,” or “our”). These Terms govern Your access to and use of the Fanatics Markets IB services, including the Fanatics Markets IB website (“Website”) and mobile application (the “App” and, together with the Website, the “Platform”), all features and services available thereon, and any transactions or dealings with Fanatics Markets IB in any way (collectively, including the Platform, the “Services”).

You agree that Your use of and access to the Services shall be governed by these Terms, the Fanatics Markets IB Privacy Policy, the Fanatics Wallet Terms of Service, and any other terms, conditions rules or policies that relate to the Services, such as promotions, contests, special offers or any other condition on Your use of the Services that we may provide to You (all collectively, the “Agreements”), which are incorporated herein. Your use of the Services is at all times subject to the Agreements, as may be modified by us, and all applicable laws, rules, and regulations. Please read the Agreements carefully. If You are dissatisfied with the Agreements or any content or information accessed through the Services, please discontinue using the Services.

Acceptance of Terms of Service. By accessing and using the Services, You agree that You have read, understand and agree to be legally bound by these Terms. Subject to Section 19, these Terms may be amended by us in our sole discretion at any time with or without prior notice. If we materially change the Terms, we may notify You through a notice, updated Terms, postings on the Platform or by email (sent to the email address specified in Your Account, if any), prior to or upon the change becoming effective. Accordingly, when You access or use the Services, You should check the date of the Terms and be aware of any changes since the last version. The most current version of these Terms will be posted on the Platform. Your continued use of the Services following the posting of any changes to these Terms means that You accept such changes. Your access to and use of the Services will be governed by the Terms in effect at the time of such access or use.
The Services
1. Description of the Services Fanatics Markets IB is registered as an Introducing Broker (“IB”) with the U.S. Commodity Futures Trading Commission (“CFTC”) and is a member of the National Futures Association. Through the Services, we provide IB services for event contracts. Specifically, we facilitate access to the North American Derivatives Exchange, Inc. d/b/a Crypto.com | Derivatives North America (hereinafter “Crypto.com”) financial exchange and prediction market (the “Crypto.com Platform”), which allows users to enter into event contracts (the Crypto.com Platform and the features and services available thereon, being, collectively, the “Crypto.com Services”). The Crypto.com Services are owned and operated by Crypto.com and its affiliates (collectively, “Crypto.com”). Crypto.com is registered with the CFTC as a designated contract market (“DCM”). As an IB, Fanatics Markets IB solely facilitates access to the Crypto.com Services. We do not participate in the operation, management, or control of Crypto.com Services. While eligible users can utilize the Services to place orders to trade event contracts listed on the Crypto.com Platform (“Orders”), we merely communicate Order requests and related information to Crypto.com. Fanatics Markets IB does not create, execute, settle, or administer event contracts offered on the Crypto.com Platform. Further, we do not accept, hold, or transfer any funds in connection with the purchase or sale of event contracts on the Crypto.com Platform. For more information on how customer funds are held and transferred in connection with the Service, please review Section 2.E. Fanatics Markets IB is not responsible for the terms, conditions, or performance of any event contracts listed on the Crypto.com Platform, and we make no representation or warranty regarding any aspect of the Crypto.com Services, including the reliability, security, or legality thereof or the accuracy or completeness of any information provided by Crypto.com. Without limiting the preceding sentence, Fanatics Markets IB does not guarantee uninterrupted access to the Crypto.com Services and expressly disclaims any responsibility for the availability, performance, or security of the Crypto.com Platform. You acknowledge that your use of the Crypto.com Services is subject to Crypto.com’s own terms, conditions, rules, and operational policies, as they may be modified by Crypto.com from time to time (collectively, the “Crypto.com Terms”), all available at https://Crypto.com. Fanatics Markets IB is not responsible for any changes, interruptions, or discontinuation of the Crypto.com Services or the Crypto.com Terms. Your use of the Crypto.com Services, via our Services or otherwise, is done entirely at your own risk. Fanatics Markets IB disclaims all risks and liability arising therefrom.
2. Event Contracts, Legal Disclosures & Disclaimers
  1. Event Contracts The event contracts listed on the Crypto.com Platform are a type of derivative that the CFTC classifies as “binary options” and “swaps,” and which are sometimes referred to as forecast or prediction contracts. An event contract is a contract whose value is based on whether a specific condition, occurrence or extent of an occurrence will occur or not occur at or before a specific time. Event contracts are a type of derivative, in that they derive their value from an underlying asset. However, event contracts have a number of differences from other derivative products. Unlike futures and options, event contracts are fully collateralized and cannot be purchased for less than full collateralization. As a result, event contracts do not currently require the deposit of additional funds to maintain an existing position. Event contracts are further differentiated from some other derivatives in that they are not restricted to using a physical commodity or tradable financial instrument as their underlying asset and are always settled by cash settlement. The value of a futures or in-the-money options contract at expiration will vary depending on the price of the underlying asset, whereas event contracts will typically have a binary settlement value, for example, of either $1.00 or $0.
  2. Event Contract Trading Risk Disclosure There are numerous risks associated with trading events contracts. You should only trade event contracts if you fully understand the risks involved and have the financial ability to bear such risks. By using the Services, You acknowledge and assume all risks associated with trading event contracts, included but not limited to those that we set forth in our Event Contracts Risk Disclosure and that of Crypto.com, available at https://assets.ctfassets.net/8c2uto3zas3h/12bVws4yH6Ln68lOWRyfXB/c7cdf1f018f6869352cad2dd08855827/20221919_Nadex_RiskDisclosure.pdf.
  3. Electronic Trading Disclosure Trading event contracts through the Internet or other dedicated lines of communication involves many interrelated systems, including hardware, software, telephonic, cable, and power generation components and systems, all of which are subject to delays, failure, malfunction, and other complications and issues (collectively “Technical Failures”) that may adversely affect Your ability to use the Services or the Crypto.com Services. If the Services or the Crypto.com Services are impacted by a Technical Failure, it may not be possible to place or execute Orders or to access market data and other information, and, in some cases, this may result in the loss of Orders or their priority. You understand and agree that Fanatics Markets IB shall have no responsibility or liability to you for any Technical Failures, including their impact on Your ability to use the Services or the Crypto.com Services. Further, you are solely responsible for ensuring that your systems, devices, and internet connections are secure and functioning properly.
  4. No Advisory or Fiduciary Relationship In providing the Services to you, Fanatics Markets IB is acting solely as an IB and is not acting as Your agent, fiduciary, or representative in connection with Your use of the Services, including Your Orders, or your use of the Crypto.com Services or any transactions you may enter into on the Crypto.com Platform. Further, our provision of the Services does not involve any financial, investment, tax, legal, or any other type of professional advice. It is Your responsibility to seek the advice of professionals, as appropriate, regarding Your use of the Services and the Crypto.com Services. You acknowledge that all decisions to place Orders are made independently by you, and you have not relied on any statement, representation, or information provided by Fanatics Markets IB as the basis for any Order or related decision.
3. Eligibility
  1. General Requirements To use the Services, you must (a) be a citizen or legal resident of the United States of America (“U.S.”); (b) have an address in the U.S.; (c) be at least twenty-one (21) years old and have reached the age of majority in Your U.S. state of residence; (d) not be prohibited from using the Services by any applicable law, rule, or regulation, or any judgment, order, or ruling of any governmental authority (collectively, “Applicable Law”); (e) not be identified on any U.S. Government list of prohibited or restricted parties; and (f) not be subject to backup withholding tax.
  2. Geographic Restrictions on Placing Orders THE FANATICS MARKETS IB SERVICES CAN ONLY BE USED TO PLACE ORDERS FOR EVENT CONTRACT TRADING IF YOU ARE PHYSICALLY LOCATED IN A JURISDICTION WHERE WE MAKE THE PRODUCT AVAILABLE (the “Service Area”). Unless You are physically located in the Service Area, You are prohibited from placing an Order, including closing an open position prior to its expiration, through the Services. However, when you are located outside the Service Area, You will still be permitted to access and use the Services for other purposes, including to view your positions on previously executed event contracts and to instruct Deposits (defined below) and Withdrawal (defined below).
  3. Impact of FBG Limitations FBG Enterprises Opco, LLC (“FBG”) offers online betting and games services (the “FBG Services”). FBG offers tools to encourage responsible player behavior in connection with the FBG Services, including options for self-imposed gaming limitations (“Self-Exclusion Orders”). Additionally, FBG may decide to limit, modify, suspend, or prohibit user access to the FBG Services based on responsible gaming concerns or for other reasons (all such actions by FBG, together with Self-Exclusion Orders, being “FBG Limitations”). As an affiliate of FBG, if you are subject to any FBG Limitations, identical or comparable limitations will be automatically imposed in connection with your use of the Services. As an example, if you enter a Self-Exclusion Order on the FBG Services setting a maximum amount that you are allowed to wager each month, the cumulative value of your Orders placed on the Services in a given month will be capped at that same amount, unless and until the applicable Self-Exclusion Order is lifted. Similarly, if your access to the FBG Services is suspended, your access to the Services will likewise be suspended unless and until your suspension from the FBG Services is lifted. For clarification, Fanatics Markets IB shall remain free to terminate, suspend, or modify your access to the Services based on your violation of the Agreements or any other grounds available to us under Applicable Law, irrespective of the imposition or revocation of any FBG Limitations.
  4. Your Representation Concerning Eligibility When you create an Account and every time you use the Services, you represent and warrant that you meet the eligibility and use requirements set forth in this Section 2(C) (the “Eligibility Requirements”). Fanatics Markets IB may require You to provide proof that You meet the Eligibility Requirements, which may include requesting that You complete an affidavit of eligibility or other verification information. If you fail to comply with any such request, or we otherwise determine that You do not meet the Eligibility Requirements, we reserve the right to immediately and permanently terminate Your access to the Services and to delete Your Account, in addition to any rights we may have under Applicable Law or otherwise. You agree to notify Fanatics Markets IB immediately if you no longer meet the Eligibility Requirements or otherwise become ineligible to use the Services for any reason, including changes in residency, legal status, or regulatory restrictions.
4. Fanatics Markets IB Accounts
  1. Account Creation To use the Services, you must first create a Fanatics Markets IB account (an “Account”). The first step in the Account creation process is to create Your Fanatics Markets IB ID (“ID”) by providing Your email and selecting or entering a password, after which You will be prompted to further verify Your identity and create an Account. If we enable features that allow You to create a username, You may not use an email address or username that promotes a commercial venture or which Fanatics Markets IB in its sole discretion deems offensive or otherwise inappropriate. You agree to provide true, accurate, current, and complete information (“Verification Data”) during the Account creation process and to maintain and promptly update Your Verification Data to keep it accurate, current, and complete. Verification Data may include a valid mailing address, date of birth, and Social Security number, as well as any other information Fanatics Markets IB may require to run appropriate identity checks and comply with Applicable Law. If necessary, You may be required to provide appropriate documentation that allows us to verify information about You at any time, including after Your Account has been registered. If You provide any information that is inaccurate, not current, or incomplete, or Fanatics Markets IB has reasonable grounds to suspect that such information is inaccurate, not current, or incomplete, Fanatics Markets IB may deny You access to the Services or terminate Your Account, in its sole discretion. You may only establish, maintain, use, and control one Account, and an Account can only be owned, maintained, used, and controlled by one individual. Users may not “co-own” Accounts or provide control of their Account to or take instruction for their Account from a third party. Accounts are non-transferable and are solely for personal use. If Fanatics Markets IB believes You have opened, maintained, used, or controlled more than one Account or are making illegal or improper use of such Account, in addition to any other rights that we may have, we reserve the right to suspend, limit, or terminate any or all of Your Accounts and terminate and prohibit Your use of the Services. In such circumstances, Fanatics Markets IB may also report such activity to relevant authorities.
  2. Account Password & Security You are responsible for maintaining the confidentiality of Your password and are fully responsible for all uses of Your Account, including Your ID, username (if any), and password, whether by You or others. You agree to (a) keep Your Account, including Your ID, username, and password confidential and not to share them with anyone else; (b) immediately notify Fanatics Markets IB of any unauthorized use of Your Account or any other breach of security; and (c) use only Your own Account to access the Services. Fanatics Markets IB is not liable for any loss or damage arising from Your failure to comply with this Section 2(D)(ii). Fanatics Markets IB may, but is not obligated to, deny access or block any Order or other transaction made through use of Your Account without prior notice if it believes that Your Account is being used by someone other than You, or for any other reason. Fanatics Markets IB may require You to change Your ID, username (if any), password, or may unilaterally change the same. At the same time, the security of Your Account remains Your responsibility. You acknowledge and agree that Fanatics Markets IB is authorized to act on any instructions received through Your Account, and that we shall have no liability to You associated with any instructions received through the unauthorized use of Your Account. Fanatics Markets IB recommends that You consider the security of Your passwords, refrain from using the same passwords used to access other sites, change passwords on a frequent basis, and use multi-factor authentication where available. You agree that you are responsible for the acts and omissions of any person who uses the Services while logged into your Account.
  3. Abandoned Accounts If Your Account remains inactive for the amount of time specified by applicable state law, it will be considered abandoned. Once an Account is abandoned, FBG may be required by state law to remit any funds in Your Fanatics Wallet to the appropriate state agency as unclaimed property. We may charge additional fees associated with the delivery of abandoned funds to the applicable state agency.
5. Fanatics Wallet & Your Funds When you create an Account, You must also create a corresponding funds-holding account (a “Fanatics Wallet”) with FBG. Please refer to the Fanatics Wallet Terms of Service for details and information.
6. Crypto.com Account & Rules When You create an Account, a corresponding account on the Crypto.com Services (a “Crypto.com Account”) will be created. However, you will not receive credentials for Your Crypto.com Account, nor will you otherwise interact directly with Your Crypto.com Account when using the Services. Your Crypto.com Account exists for purposes of regulatory compliance, trade execution, funds transfers, and other legal and technical purposes that are managed in the background of the user experience. When you create an Account, you will be required to agree to the Crypto.com Terms, and you hereby represent and warrant to Fanatics Markets IB that you will not use the Services to engage with the Crypto.com Services in a manner that violates the Crypto.com Terms. You further understand and agree that the Crypto.com Terms are agreements between You and the applicable Crypto.com entity. Neither Fanatics Markets IB nor its affiliates are parties to the Crypto.com Terms. As such, You are solely responsible for understanding and complying with the Crypto.com Terms. We are not responsible for any aspect of Your relationship with Crypto.com , including any decisions made by Crypto.com to limit, suspend, or terminate your access to the Crypto.com Services. At the same time, if You fail to comply with any aspect of the Crypto.com Terms, we reserve the right to suspend or terminate your access to the Services and/or take any other remedial action we deem to be appropriate. Relatedly, it is Your responsibility to review and understand all Crypto.com Terms, whether relevant to Your Orders or otherwise, including Crypto.com ’s matching procedure, opening and closing procedures and prices, error trade policies, and trading limitations or requirements. You acknowledge and agree that Fanatics Markets IB shall have no liability to you in relation to the Crypto.com Terms or Crypto.com ’s enforcement thereof, including the impact that the foregoing may have on Orders placed through the Services.
7. Fees Fanatics Markets IB charges certain fees in connection with your use of the Services. First, we charge a per-contract flat fee for each event contract included in an Order (the “Contract Fee”). Additionally, as disclosed in the Fanatics Wallet Terms of Service, FBG charges a percentage fee on (i) deposits to Your Fanatics Wallet made from a debit card and (ii) withdrawals from Your Fanatics Wallet made to a debit card (the “Debit Fee” and, with the Contract Fee, the “Fees”). The amount of the Contract Fee and the Debit Fee may change from time to time but will be listed in the Fanatics Markets IB Fee Schedule as Fanatics Wallet Fees. All Fees are non-refundable. We charge no settlement fees for event contracts included in Your Orders. Please review the Fanatics Wallet Terms of Service for a full disclosure of Fees associated with funding your Fanatics Wallet. You agree to pay, and are solely responsible for, all Fees applicable to Your transactions on the Services. Further, You irrevocably authorize Fanatics Markets IB and affiliates, its agents, and service providers, without further notice or demand, to debit, charge, withdraw, or otherwise collect any Fees applicable to Your transactions on the Services to or from any of the Payment Methods designated in Your Account. If, for any reason, a Fee is not fully and punctually paid, You acknowledge and agree that Fanatics Markets IB may, in addition to exercising any other rights and remedies available under these Terms or Applicable Law, (i) suspend or restrict your access to the Services, (ii) instruct FBG to deduct or set off the unpaid amount from Your Balance, (iii) liquidate any open positions, contracts, or other assets associated with Your Account, (iv) employ third-party collections agencies and report the delinquency to credit bureaus, and (v) take any other legally permissible action to collect, recover, or secure payment of the outstanding Fees, together with any associated costs of collection (including reasonable attorneys’ fees and expenses).
8. Order Liquidation Fanatics Markets IB reserves the right to, and You hereby authorize Fanatics Markets IB to, liquidate or cancel any Orders, in its sole discretion and in accordance with Applicable Law. For instance, we may liquidate an Order if we determine that there is an error associated with the Order, including any erroneous information related to the Order provided on the Platform or the Crypto.com Platform. If You have placed an Order and Fanatics Markets IB cancels the Order for reasons other than Your violation of these Terms, engagement in prohibited activities, or any other activity we reasonably believe is suspicious, we will provide an appropriate refund and notice. We may also liquidate Your Orders if You engage in any conduct that we deem to be improper, unfair, fraudulent, or otherwise adverse to the operation of the Services or the Crypto.com Services or in any way detrimental to other users (collectively, “Improper Conduct”). Improper Conduct includes:
  1. Providing false or misleading information to Fanatics Markets IB, including during the Account creation process;
  2. Attempting to bypass or evade the Eligibility Requirements; Using false information, VPNs, IP proxying, or any other methods or means of attempting to evade or bypass any geographic restrictions applicable to the Services;
  3. Deploying automated scripts, bots, or other non-human means to place Orders;
  4. Creating or controlling multiple Accounts;
  5. Placing Orders as a proxy or agent for, or otherwise on behalf of or in collaboration with, any other individual;
  6. Knowingly assisting or enabling individuals or entities who are barred from the Services to access or use the Services;
  7. Attempting to bypass or evade any frequency, size or other limits applicable to Orders;
  8. Attempting to impact the outcome of real-world events related to an event contract;
  9. Disseminating false or misleading information about events underlying event contracts for the purpose of influencing trading behavior.
  10. Placing Orders to artificially affect prices or the perception of activity on the Crypto.com Platform or that are otherwise not intended to be bona fide trades;
  11. Attempting to intercept, alter, or otherwise interfere with the transmission of Orders or other information transmitted in connection with the Services.
  12. Tampering or attempting to tamper with the administration of the Services or the computer programs associated with the Services;
  13. Integrating or connecting the Services with third-party services, APIs, or tools without prior authorization from Fanatics Markets IB;
  14. Abuse of any Offers or Bonuses;
  15. Taking actions to obstruct, delay, or mislead regulatory authorities or Fanatics Markets IB during investigations into user activity;
  16. Engaging in insider trading;
  17. Engaging in any conduct that violates the Crypto.com Terms; and
  18. Otherwise violating these Terms, any other Agreements, or Applicable Law. In addition to cancelling or avoiding any Orders placed by you, we also reserve the right to suspend or terminate Your Account and access to the Service if we determine that You have engaged in Improper Conduct, in addition to any other rights or remedies that we have under these Terms or Applicable Law, including informing the relevant authorities and/or pursuing criminal or civil proceedings in connection with such conduct. If Your Account is suspended or frozen, You will be able to access the Platform to view Your open positions, but You will not be permitted to place any Orders or otherwise engage in any transactions in connection with the Services. Fanatics Markets IB reserves the right to investigate any activity that it suspects may violate the Agreements, the Crypto.com Terms, or Applicable Law. You agree to cooperate fully with any such investigation and to provide any information or documentation requested by Fanatics Markets IB or regulatory authorities.
9. Publicity License and Release Subject to Applicable Law and our Privacy Policy, by placing an Order or otherwise using the Services, You consent to the use of Your name, voice, likeness, image, city/state, photograph, or video by Fanatics Markets IB, its service providers, and its business partners in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the Services, including any components thereof, and/or Fanatics Markets IB generally. Fanatics Markets IB, its service providers, and its business partners reserve the right to make public statements about any party that uses the Services in any media channels, including the Platform, Internet/social media, and TV, whether now existing or hereafter invented, at any time. You agree that You are not entitled to any fee and will not impose other conditions on the fulfillment of these obligations and expressly release and waive any claims related to our exercise of the license granted in this Section 2(I).
10. Placing Orders
  1. Trading Hours The Platform can be used to place Orders daily between 8:00 AM ET until 3:00 AM ET (the “Trading Hours”), which corresponds to hours during which trading is available on the Crypto.com Platform. If you seek to place an Order outside of Trading Hours, it will be rejected. If You have an Order rejected on this basis, and You wish to proceed with the Order, you must place the Order again during Trading Hours. Rejected Orders will not be held in queue and/or automatically placed during the next available Trading Hours.
  2. Delays & Non-Execution Fanatics Markets IB is not responsible for, and shall have no liability for, any Technical Failures that impact your Orders, including any delays in the processing of Orders or any failure to process and transmit your Order to Crypto.com for execution, whether caused by technical issues, network congestion, hardware or software malfunctions, or otherwise. Further, Fanatics Markets IB does not guarantee that any Order you place will be accepted, processed, or executed by Crypto.com . Orders may be rejected, delayed, or cancelled for a variety of reasons, including Technical Failures, market conditions, or regulatory requirements. You agree that Fanatics Markets IB is not responsible for any losses, including opportunity losses, resulting from the rejection or non-execution of an Order, regardless of cause (collectively, “Non-Execution”). It is Your responsibility to ensure that Orders are placed with sufficient time to allow for processing and execution within Trading Hours and to monitor your Orders to confirm that such processing and execution has been completed. If, for any reason, an Order You place is not processed by Fanatics Exchange and/or transmitted to and executed by Crypto.com in accordance with your instructions, Your only remedy is to re-place the Order. You understand and agree that, if you re-place an order, the price of the event contract could have changed.
  3. Order Terms; No Partial Closing It is Your responsibility to fully understand the terms of the Order You are placing. You are responsible for ensuring that all details of Your Orders are correct and for understanding all applicable terms and conditions, including any applicable Crypto.com Terms. Once you place an Order, it cannot be cancelled or reversed. You understand that Fanatics Markets IB has no obligation to reverse or adjust any Order placed by You or any event contract executed as a result thereof, except as may be required by Applicable Law. IMPORTANT: Fanatics Markets IB does not permit You to exit any contract prior to its expiration unless you simultaneously exit all contracts with the same Contract Specifications (as defined in the Crypto.com Terms) that You hold in your account.
11. Bonuses and Promotions You may be awarded credits or similar promotions (collectively, “Bonuses”) which You can use in connection with the Services, or on the platforms of our affiliates, as we may permit. Bonuses cannot be withdrawn from Your Account. Fanatics Markets IB reserves the right to remove Bonuses if we determine that You have breached any applicable rules and/or the terms and conditions. It is Your responsibility to read and understand the terms of any Bonuses. We also reserve the right to reverse and/or reclaim any Bonuses issued or awarded to You based upon failures, errors, manipulations, or fraudulent or dishonest activities.
12. Event Data On the Platform, we may provide information and data pertaining to the events underlying event contracts listed on the Crypto.com Platform, which may include polling data, statistics, and trends related to such events and their potential outcomes (“Event Data”). Event Data is unofficial and provided solely for informational or entertainment purposes and is not used to determine the outcome of any event or event contract. We make no representation or warranty of any kind regarding the accuracy, completeness, or timeliness of Event Data, and You agree that Fanatics Markets IB shall not be responsible or liable for Your reliance on any Event Data. Event Data is provided “as is” and without warranty of any kind. You should not rely on Event Data as the basis for any trading decision.
13. Location Technologies To determine Your eligibility to use the Services, Fanatics Markets IB must determine Your location using one or more reference points, such as GPS, IP address, beacons and/or software within Your personal computer, mobile device, consumer electronics device, or any other equipment. If You have set Your device(s) to disable GPS, Bluetooth, or other location-determining software, use connection methods, or systems that mask Your location, or do not authorize the Services to access Your location data, the Services may not be able to determine Your location, and You will not be able to access the Services. Fanatics Markets IB reserves the right to suspend or terminate Your Account if You prevent the Services from accurately determining Your location. For more information about how the Services collects, uses, and retains Your information, please read the Fanatics Markets IB Privacy Policy.
Additional Terms; Offers. Certain features of the Services, and participation in or use certain promotions, discounts, coupons, or other offers (collectively, “Offers”), may be subject to different or additional terms, rules, guidelines, or policies (“Additional Terms”). Some Offers also may be subject to additional requirements or restrictions imposed by participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer, and such requirements and restrictions shall also be deemed Additional Terms. We may provide such Additional Terms to You via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms. As such, any reference to the “Terms” herein includes the Additional Terms. Your redemption of an Offer or use of any other aspect of the services that is subject to Additional Terms constitutes Your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms or any Additional Terms does not constitute a conflict. If an Offer does not contain Additional Terms, then only these Terms apply. Under these Terms, unless otherwise prohibited by law, any Offer is not valid for cash or cash equivalents and is limited to one Offer per person, household, or address. We reserve the right to limit, change, or cancel any Offer or associated transaction, without prior notice, even after You have attempted to redeem the Offer.
Unauthorized Use. You may only use the Services as authorized and not for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms may immediately and automatically terminate Your right to use and access the Services and may subject You to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Services. In addition to the conduct described in Section 2(H) above, some other examples of unauthorized, illegal, or unlawful use of the Services include, but are not limited to:
- Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Platform or otherwise through the Services without our prior written consent;
- Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
- Using a framing or similar technique without our prior written permission;
- Creating or maintaining any link from another website to any page on the Platform without our prior written permission;
- Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- Covering or obscuring the banner advertisements on the Platform, if any, via HTML/CSS or any other means;
- Any automated use of any system, such as using scripts to alter content or a “bot” to engage in play;
- Interfering with, disrupting, or burdening the Platform or the networks, systems or services connected to the Platform;
- Using any automated system or software to extract data from the Platform or from any other user (including "screen scraping");
- Attempting to impersonate another user or person;
- Using the Account, username, or password of another user or disclosing Your password to any third party or permitting any third party to access Your Account;
- Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for Your performing any commercial activity on or through the Platform on behalf of that person, such as placing commercial content on the Platform;
- Using the Platform for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
- Using the Services in a manner inconsistent with Applicable Law. Notwithstanding the use restrictions in this Section 4 or elsewhere in these Terms, nothing in these Terms shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about Fanatics Markets IB, its employees or agents, or the Services, to the extent that such Reviews are protected under Applicable Law.
Links to Third Party Sites; Advertisers. The Services may provide You with links or other access to other websites, services, products or content of third parties, including the Other Platforms, as defined in Section 9 below (“Third Party Sites”). We have no control over, and do not necessarily endorse, any Third Party Site's services, products, or content. You acknowledge and agree that You access such Third Party Sites at Your own risk and are wholly responsible for making Your own independent judgment regarding Your use or interaction with the same. We recommend that You read the terms of service and privacy policies of each Third-Party Site that You access.
Privacy Policy. You have read and acknowledge our collection, use, and sharing of Your information, including personal information, as set forth in our Privacy Policy.
Property; Intellectual Property. Subject to the express exception below, the Services, and all content of the Services (including text, graphics, scripts, sounds, interactive features, icons, images, clips and software), are protected by copyright, trademark, and other laws. Names, logos, taglines, icons, and marks on the Platform are the exclusive property of Fanatics Markets IB and/or one of its affiliates, all rights reserved, and may not be used by You without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Platform is the property of its respective owner. We reserve all rights not expressly granted in and to the Services. Exception: Subject to Your strict compliance with these Terms and the other Agreements, Fanatics Markets IB grants You a limited, personal, revocable, non-transferable, non-sublicensable license to use the Services solely for non-commercial purposes and only in the following ways: (a) You may access the Website on a device that You exclusively control (an “Approved Device”); (b) You may download and install the App on an Approved Device; (c) Your Approved Device may temporarily store copies of the content on the Platforms incidental to Your use of the Services; and (d) You may use the content and features of the Services that we may make available to You on the Platforms for such purposes as may be explicitly stated at the time that they are made available. The foregoing limited license may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. Fanatics Markets IB reserves all rights in and to the Services not expressly granted under these Terms. Further, if You have downloaded the App, You agree to promptly download and install any new version that Fanatics Markets IB makes available. You understand that a failure to promptly update a new version of the App may, in some cases, expose You to increased security risks or Services malfunctions and may prevent You from placing Orders or otherwise using the Services. The Services are intended for users genuinely interested in the Platform and the services offered thereon. Notwithstanding any other provision in these Terms, under no circumstances may the Services be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Services in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Services for Litigation Purposes is strictly prohibited, exceeds the parameters of the limited license granted in this Section 7, and, as such, constitutes a breach by you of these Terms. In such circumstances, Fanatics Markets IB may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.
Video Content & Tracking Technologies The Services may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Services and is, therefore, provided in connection with our business activities related to providing introducing broker services for events contracts. Fanatics Markets IB is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Services, you agree that Fanatics Markets IB is not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710 or similar state laws. Further, the Services may include online technologies and code-based tools, including cookies, pixels (such as the Meta pixel), web beacons, and software development kits, that track information about your activity on the Platforms (collectively, “Tracking Technologies”). Tracking Technologies may result in information about your activity on the Platforms being transmitted from your browser to Fanatics Markets IB and to third parties. This, in turn, may result in the display of targeted advertisements on Third Party Sites. Whether Tracking Technologies on the Platform result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what Third Party Sites you use, what information you have provided to Third Party Sites, and whether and the extent to which you have limited the use of Tracking Technologies on Third Party Sites. By using the Services, you consent to our use of Tracking Technologies, as described in these Terms and our Privacy Policy. Further, you hereby specifically acknowledge and agree that, if Tracking Technologies on the Platforms result in your browser’s transmission of information to Third Party Sites, (a) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by Fanatics Markets IB under the VPPA and (b) you will not initiate any litigation or otherwise assert any claim against Fanatics Markets IB based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.
User-Generated Content. Users may be able to post content in certain areas on the Platform or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter, Pinterest, TikTok, and Snapchat (“Other Platforms”). You are solely responsible for any content (including photos, artwork, videos, text, graphics, and other information) You upload, post, display or otherwise provide to us through the Platform or Other Platforms (“User Content”). Any User Content You post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, You grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including developing, manufacturing, and marketing products and services which incorporate such User Content. You further agree that this means that any User Content may appear on sites other than the Platform through which You submitted Your User Content including Other Platforms. You represent and warrant that: (a) You own the User Content posted by You on the Services or otherwise have the right to grant the license set forth in this Section 9; (b) Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content does not result in a breach of any contract between You and a third party. You agree that You will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Content. You agree that You will not post User Content that is, as determined by Fanatics Markets IB, offensive, defamatory, sexually explicit or otherwise objectionable. You agree to pay for all royalties, fees, and other monies owing to any person by reason of any User Content You post. We are under no obligation to screen or monitor User Content but may review User Content from time to time at our sole discretion to review compliance with these Terms. We may reject, refuse to post, edit, or remove any User Content at any time without notice, for any or no reason.
No Unsolicited Feedback Accepted. We do not accept any unsolicited feedback or ideas related to the Services from outside Fanatics Markets IB, including suggestions about advertising or promotions, or merchandising of any products, additions to our Services, or changes in methods of doing business (collectively, “Feedback”). We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, You submit unsolicited Feedback to this Platform, You understand and acknowledge that Fanatics Markets IB has no obligation to acknowledge Your submission, such Feedback is not submitted in confidence and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between You and Fanatics Markets IB. By submitting Feedback, You represent that You are authorized to do so, and Your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. Fanatics Markets IB’s use or distribution of Your Feedback or any portion thereof will not give rise to any claims against Fanatics Markets IB or its affiliates and will be without compensation to You. You hereby grant us an irrevocable, perpetual, world-wide right (including intellectual property right) in the Feedback, to be used in any medium now known or hereafter developed, without compensation to You.
Termination of Access and/or Account. In addition to any right or remedy that may be available to us under these Terms or under Applicable Law, we may limit, suspend, or terminate Your access to the Platform or Other Platforms (including Your Account registration and Your ability to post User Content), at any time, with or without notice, and with or without cause. We also may refer any information on illegal activities, including Your identity, to the proper authorities.
Termination and Survival. These Terms shall remain in full force and effect while You use or access the Services or have an Account with us. If You would like to terminate Your Account please contact us at support.betfanatics.com. Sections 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19, 20, 21, and 22, together with all other terms which by their nature should reasonably be interpreted as surviving, shall survive any termination of these Terms.
Indemnity. In exchange for the right to participate in the Services, You agree to defend (at our option), indemnify and hold harmless us, our subsidiaries, affiliates, suppliers, and licensors and each of our respective officers, directors, agents, partners and employees (the “ Parties”) from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs of suit including experts’ fees, due to or arising out of (i) injuries, damages, or losses to persons and property which may be sustained in connection with Your placement of any Orders or other activities related to any event contracts and/or traveling to or from any Services related activity, and any claims based on publicity rights, defamation, or invasion of privacy; (ii) Your User Content; (iii) Your use of the Services and Your activities in connection with the Services (including Your use of the Services in violation of these Terms); (iv) Your breach or anticipatory breach of these Terms; (v) Your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services, participation in any activities related to event contracts, and Your other activities related to the Services; (vi) information or material transmitted through Your Account, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) our use of the information that You submit to us (including Your User Content and Verification Data) (all of the foregoing, “Indemnifiable Claims and Losses”). We may, in our sole and absolute discretion, require You to execute a separate agreement to indemnify similar to the one listed above in this Section 13. You will cooperate as fully required by us in the defense of any Indemnifiable Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Indemnifiable Claims and Losses. We reserve the right to select counsel and assume the exclusive defense and control of any Indemnifiable Claims and Losses. You will not settle any Indemnifiable Claims and Losses without, in each instance, the prior written consent of an officer of Fanatics Markets IB. You are responsible for repaying us for any Indemnifiable Claim or Loss.
Disclaimer of Warranties. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THE AGREEMENTS AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE SERVICES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THEM, ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS RELATING TO THE SERVICES; (E) THAT YOUR USE OF THE SERVICES, INCLUDING SERVICES AND/OR LINKS PROVIDED BY THIRD PARTIES, WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. EXCEPTIONS: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation on Liability. YOU UNDERSTAND AND AGREE THAT FANATICS MARKETS IB SHALL NOT BE LIABLE IN CONNECTION WITH YOUR USE OF THE SERVICES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL FANATICS MARKETS IB OR ANY OTHER FANATICS MARKETS IB PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SERVICES, INFORMATION OR OTHER CONTENT ON THE PLATFORM, OR YOUR USER CONTENT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FANATICS MARKETS IB OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICES OR INFORMATION OR OTHER CONTENT ON THE PLATFORM; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS OR OTHER INTELLECTUAL PROPERTY RIGHTS HOLDER; (5) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION; OR ANY ASPECT OF THE CRYPTO.COM SERVICES, INCLUDING YOUR USE OR INABILITY TO USE SUCH SERVICES. WITHOUT LIMITING THE FOREGOING, THE FANATICS MARKETS IB PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU CAN DISCONTINUE ACCESSING AND USING THE SERVICES. YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICES, THERE IS A RISK YOU MAY LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE FANATICS MARKETS IB PARTIES HAVE NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION 15, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE TOTAL LIABILITY OF THE FANATICS MARKETS IB PARTIES FOR ANY CLAIM ASSERTED BY YOU IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID OR PAYABLE BY YOU TO FANATICS MARKETS IB IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $500 . YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FANATICS MARKETS IB’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SERVICE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE FANATICS MARKETS IB PARTIES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY FANATICS MARKETS IB SERVICES OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. THE LIMITATIONS OF LIABILITY INCLUDED IN THIS SECTION APPLY EVEN IF FORESEEABLE, EVEN IF THE FANATICS MARKETS IB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE. IN NO EVENT WILL THE FANATICS MARKETS IB PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING DEATH, OR PERSONAL INJURY. EXCEPTIONS: SOME STATES DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, THE TERMS OF THIS SECTION SHALL APPLY TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Third Party Transactions. Through Your use of the Services, You may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and You, and that You will look solely to such third party to enforce any of Your rights. In the event of any problem with the products or services that You have purchased from a third party You agree that You will address such issues with the third party, but all limitations of liability and other rights of Fanatics Markets IB shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction You complete with a third party through our Services. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
U.S. Export Controls. Software made available to You by Fanatics Markets IB (the "Software"), if any, is subject to U.S. export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at Your sole risk.
Governing Law and Jurisdiction. To the extent permitted by law, these Terms will be governed by, and interpreted in accordance with, the laws of the State of New York , without regard for its choice of conflict of law principles. Please note that this means that New York law shall apply to these terms and all Services. For any Claims (defined below) that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be Federal or State courts of competent jurisdiction sitting within the State of New York (the "Forum"), and You and we hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) You and we waive any and all rights to trial by jury with respect to any such Claims.
Arbitration Agreement PLEASE READ THESE "BINDING ARBITRATION" AND "CLASS WAIVER" PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH FANATICS MARKETS IB AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.
1. Initial Dispute Resolution Procedure. You and Fanatics Markets IB (each a “party” and collectively, the “parties”) agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will individually and personally meet and confer, by telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Section 19 (the “Arbitration Agreement”). Multiple individuals with disputes cannot participate in the same informal telephonic dispute resolution conference. If You are represented by counsel (which such representation will be at Your sole cost and expense), Your counsel may participate in the conference, but You shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 30 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Fanatics Markets IB that You intend to initiate an informal dispute resolution conference, write to Fanatics Markets IB, 95 Morton Street, New York, NY 10014, ATTN: Fanatical Markets Legal Department, providing Your name, the telephone number(s) associated with Your Account, the email address(es) associated with Your Account, and a description of Your claim. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating an arbitration claim as provided in Section 19. If the parties do not reach an agreed upon solution within a period of 45 days from the time informal dispute resolution begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
2. Agreement to Arbitrate. As a condition of using the Services, You and we agree that except as expressly provided in Section 19(C), any and all past, pending, or future disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Services or the Agreements (including any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms) shall be resolved exclusively by binding arbitration administered by National Arbitration and Mediation (“NAM”) and before a single arbitrator, except as set forth below. If NAM is not available to arbitrate, the parties will mutually agree upon an alternative arbitration provider within sixty (60) days. Except as modified by this Section 19, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer, and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com. In the event of any dispute concerning the scope or applicability of the Arbitration Provisions of these Terms, You and Fanatics Markets IB agree that the arbitrator exclusively shall have the power to rule on his or her own jurisdiction over the Claim, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of the claims or counterclaims presented as part of the Claim. This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects and evidences a transaction involving interstate commerce. You and Fanatics Markets IB expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which You reside shall apply. The alleged invalidity of the Terms shall have no effect upon the validity of our mutual agreement to arbitrate any Claims under this Section. In addition, if any portion of this Section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect consistent with Section 21 of these Terms. You and Fanatics Markets IB shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
3. Exceptions to Arbitration. Notwithstanding the parties' decision to resolve all Claims through arbitration, each party retains the right to (i) elect to have any Claims resolved in small claims court on an individual basis for Claims and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under these Terms, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
4. Class Action Waiver. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY AND FOR YOUR LOSSES ONLY AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PROPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION OR OTHER EQUITABLE RELIEF REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. If there is a final judicial determination that Applicable Law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. If there is a final judicial determination that either the class arbitration action and collective relief waiver or the provisions in this Section 19 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent You or Fanatics Markets IB from participating in a class-wide settlement of claims.
5. 30-DAY RIGHT TO OPT OUT. YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT. IF YOU DO NOT WISH TO AGREE TO THIS SECTION OF THE TERMS REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THESE TERMS, PROVIDE WRITTEN NOTICE TO FANATICS MARKETS IB AT 95 MORTON STREET, NEW YORK, NY 10014, ATTN: FANATICS MARKETS IB LEGAL DEPARTMENT. THIS WRITTEN NOTICE MUST BE SIGNED BY YOU, AND NOT YOUR ATTORNEY, AGENT, OR REPRESENTATIVE, AND MUST CONTAIN YOUR FULL NAME, ADDRESS, AND THE WORDS “OPT OUT” IN THE SUBJECT OF THE LETTER.
6. Initiating Arbitration. Following the conclusion of the initial dispute resolution process required by this Section 19, You may seek arbitration of a Claim by contacting legal@fanaticsmarkets.com. By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. If the parties cannot mutually agree to a location for in person hearings or proceedings, such proceedings shall take place within the State of New York at a location specified by the arbitrator. You are responsible for Your own attorneys' fees unless the arbitration rules and/or Applicable Law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in this Section 19), provided that such modification does not increase the costs to You, and You further agree that You waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 19 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of any such challenge. You and we further agree that an award and any judgment confirming it only apply to the arbitration in which the award was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, or the United States District Court for New York.
7. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, if 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 19(B) if NAM is unavailable) against Fanatics Markets IB within reasonably close proximity ("Mass Filing"), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with Section 19(B) if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Fanatics Markets IB and the claimants, shall only be due after Your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including Your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Fanatics Markets IB and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Fanatics Markets IB otherwise consents in writing, Fanatics Markets IB does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 19(B) above and this Section 19(G). If Your demand for arbitration is included in the Mass Filing, Your claims will remain tolled until Your demand for arbitration is decided, withdrawn, or is settled.
8. Changes to this Section Fanatics Markets IB will provide 30 days’ notice of any changes to this Section 19. Changes will become effective on the 30th day and apply to all claims not yet filed. If You continue to use the site after the 30th day, You agree that any unfiled claims of which Fanatics Markets IB does not have actual notice are subject to the revised clause. If You reject any such changes by opting out of the Arbitration Agreement, You may exercise Your right to a trial by jury or judge, as permitted by Applicable Law, but any prior existing agreement to arbitrate Claims under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Fanatics Markets IB changes this Section 19 after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You agree that Your continued use of the Platform or other Services 30 days after such change will be deemed acceptance of those changes.
One Year Statute of Limitations. You and Fanatics Markets IB agree that any Claims or lawsuits, regardless of form, arising out of or related to the Services or the Agreements must BE FILED within ONE (1) YEAR of the action, omission, event, or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.
Miscellaneous. Notice: We may give You notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective (a) upon our posting them on the Platform, (b) delivering them to You through email (if we choose to do so in our sole discretion), or (c) otherwise upon our delivery of such notice (to the extent we elect to provide such notice through any other means). Rules of Construction: The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms “include,” “includes,” or “including” mean “including without limitation.” Unless context requires otherwise, “or” will be constructed in the inclusive sense (“and/or”). To the extent that any provision of these Terms requires or is subject to our approval or consent, Fanatics Markets IB shall be entitled to provide or withhold such approval or consent in its sole discretion. Force Majeure: The failure of Fanatics Markets IB to comply with any provision of these Terms due to circumstances beyond its control including an act of God, hurricane, war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act of public enemies, strikes, labor shortage, actions of governmental authorities or other force majeure event will not be considered a breach of these Terms, and Fanatics Markets IB’s performance obligations, if any, shall be delayed until such time as performance becomes reasonably practicable and if performance is no longer possible. Assignment: These Terms and Your Account are personal to You, and You may not transfer or assign them. We may require the ability to transfer, assign or sublicense these Terms to a third party, for example, in the case of our engaging new third party service providers or in the case of a merger or acquisition. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Services or information provided to or gathered by us with respect to such use. Relationship: No joint venture, partnership, employment, or agency relationship exists between You, the Fanatics Markets IB Parties, or any third party partner we may use as a result of the Agreements or Your use of the Services. Entire Agreement: These Terms and all Agreements constitute the entire understanding between You and us and supersede all prior understandings between You and us relating to the subject matter. Severability: For the avoidance of doubt, these Terms apply solely to the extent permitted by law. If for any reason any provision of the Terms or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of Terms will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms which shall continue in full force and effect. The parties agree further that If any part of these Terms is deemed to be illegal, invalid, void or for any reason unenforceable, that the invalid or unenforceable provision should, to the greatest extent possible, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Waiver: Our failure to assert breach or a violation of these Terms or otherwise failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.
Contact Information. If You experience any problems or have any inquiries or concerns, please contact us. For customer support inquiries, You can reach us at the following address, or by emailing support@Fanaticsmarkets.com. Certain customer support services are provided via an affiliate agreement with FBG.

Fanatics Markets IB
95 Morton Street, 7^th Fl
Attn: Fanatics Markets IB Legal
New York, New York 10014
Email: support@fanaticsmarkets.com

Telephone Number: 800-254-0320

If You have any complaints, please send them to complaints@FanaticsMarkets.com.

For legal inquiries, please contact our registered agent Corporation Service Company at their New York address (https://apps.dos.ny.gov/publicInquiry/EntityDisplay) or to contact Fanatics Markets IB directly Legal@FanaticsMarkets.com. Do not use these contacts for customer support.