Terms of Service
Last Updated: March 27, 2025
This website, OpenFortune.com (the “Site”), is owned and operated by Fortune Media Inc. d/b/a OpenFortune (“OpenFortune”). By accessing the Site, you agree to be bound by these Website Terms of Service (“Terms”) and agree that you will comply with all applicable laws, rules and regulations in using the Site. Please read these Terms carefully before you start to use the Site. By using the Site, you represent and warrant that you have read and understand, and you accept and agree to be bound and abide by, these Terms. If you do not agree with any of these Terms, you are prohibited from using or accessing the Site. The materials contained in the Site are protected by applicable copyright and trademark law.
If you have entered into a Sponsorship Agreement with OpenFortune, then that Sponsorship Agreement is governed by and incorporates the Sponsorship Terms and Conditions available at www.openfortune.com/legal/sponsorship-terms-and-conditions.
NOTE: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 7 BELOW THAT AFFECTS YOUR RIGHTS.
Intellectual Property Ownership
All right, title and interest in and to the Site, its content, features, and functionalities, any materials downloaded from the Site, and all intellectual property pertaining to or contained on the Site (collectively, the “Content”) are and shall remain owned by OpenFortune, its licensors, or other providers of such material. All Content may be protected by trade dress, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws, and you shall not acquire any ownership rights in or to any Content. You agree that you will not reproduce, duplicate, publish/republish, modify, download, store, transmit, create derivative works from, participate in the transfer of, display publicly, or in any other way distribute or exploit the Site, or any portion or Content of the Site for any public or commercial use without the express written consent of OpenFortune. Additionally, you agree that you will not (a) remove or alter any author, copyright, trademark or other proprietary notice or legend displayed on the Site (or Content from the Site) or (b) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with OpenFortune. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by OpenFortune. Any use of the Site not expressly permitted by these Terms is a breach of these Terms.Limited Use License
Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on the Site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server
This license shall automatically terminate if you violate any provision of these Terms. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.Disclaimers
THE MATERIALS ON THE SITE ARE PROVIDED ON AN ‘AS IS’ BASIS. OPENFORTUNE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
FURTHER, OPENFORTUNE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THE SITE.Limitations
IN NO EVENT SHALL OPENFORTUNE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF OPENFORTUNE OR AN OPENFORTUNE AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.Accuracy of Materials
The materials appearing on the Site could include technical, typographical, or photographic errors. OpenFortune does not warrant that any of the materials on the Site are accurate, complete or current. OpenFortune may make changes to the materials contained on the Site at any time without notice. However OpenFortune does not make any commitment to update the materials.Links
OpenFortune has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by OpenFortune of the site. Use of any such linked website is at the user’s own risk.Modifications to Terms
OpenFortune may revise these Terms at any time without notice by posting an updated version at https://www.openfortune.com/legal/terms-of-service. By using the Site you are agreeing to be bound by the then current version of these terms of service.Class Action Waiver; Governing Law; Dispute Resolution
YOU AND OPENFORTUNE AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
These Terms shall be governed, interpreted, construed, regulated and conformed in accordance with the laws of the State of New York without regard to its conflict of laws provisions. As set forth more fully below, any disputes arising under or relating to these Terms or the Site shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. A party may commence mediation by providing to JAMS and the other parties a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling and venueing the mediation proceedings, provided that the mediator shall be a retired judge and the proceedings shall be seated in and take place in the Borough of Manhattan, City of New York, State of New York. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. A party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first ("Earliest Initiation Date"). The mediation may continue after the commencement of arbitration if the parties so desire. If the dispute is submitted to arbitration, then the dispute shall be determined by arbitration before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This Section 8 shall not preclude parties from seeking injunctive relief or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.Miscellaneous
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Site must be filed within one year after such claim or cause of action arose or be forever barred.
If any provision of these Terms is held to be invalid or not enforceable by a court of competent jurisdiction, then such provision shall be deemed severed herefrom, and such invalidity or unenforceability shall not affect any other provision of these Terms, the balance of which shall remain in, and have its intended, full force and effect; provided, however, that if any such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, then such provision shall be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
