Third-Party Terms
Last Updated: January 2024
Advisor360°, LLC provides you with information, products, and services on various Advisor360°, LLC websites or applications (“Advisor360° Resources”). The Advisor360° Resources may contain or display data, content, information, or applications provided by third-party suppliers that are not affiliated with Advisor360° (“Third-Party Content”). Advisor360° disclaims any responsibility for Third-Party Content on the Advisor360° Resources, and makes no guarantee as to the completeness or accuracy of Third-Party Content. Third-Party Content is protected by copyright under U.S. and international laws and is owned or licensed by the third-party providers.
In addition to Advisor360°’s end-user license agreement, users must comply with the terms of our third-party suppliers regarding the use of their content in the Advisor360° Resources. Users may also be responsible for fees associated with Third-Party Content.
Acquia
Argus
The text, data, information, graphics, moving and still images, or sound recordings contained in this Argus Research Product as displayed on the screen is solely for personal use and may not be assigned, copied, modified, merged, transferred, decompiled, reverse engineered, or distributed. The Argus Research Product is the exclusive property of Argus, not within the public domain and is protected by copyright and other intellectual property law and rights; and that Argus and/or its affiliates, and/or certain third parties, retain all proprietary rights and interests in and to each Argus Research Product and all Content. See also argusresearch.com/terms.aspx for more information.
ICE BondPoint/Bond Central
Broadridge Forefield Advisor
Benchmark Data Source
Source: MSCI. The MSCI information may only be used for your internal use, may not be reproduced or redisseminated in any form and may not be used as a basis for or a component of any financial instruments or products or indices. None of the MSCI information is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Historical data and analysis should not be taken as an indication or guarantee of any future performance analysis, forecast or prediction. The MSCI information is provided on an “as is” basis and the user of this information assumes the entire risk of any use made of this information. MSCI, each of its affiliates and each other person involved in or related to compiling, computing or creating any MSCI information (collectively, the “MSCI Parties”) expressly disclaims all warranties (including, without limitation, any warranties of originality, accuracy, completeness, timeliness, non-infringement, merchantability and fitness for a particular purpose) with respect to this information. Without limiting any of the foregoing, in no event shall any MSCI Party have any liability for any direct, indirect, special, incidental, punitive, consequential (including, without limitation, lost profits) or any other damages. (www.msci.com)
CANNEX
CFRA
Copyright © 2024, Accounting Research & Analytics, LLC d/b/a CFRA (and its affiliates, as applicable). Reproduction of content provided by CFRA in any form is prohibited except with the prior written permission of CFRA. CFRA content is not investment advice and a reference to or observation concerning a security or investment provided in the CFRA SERVICES is not a recommendation to buy, sell or hold such investment or security or make any other investment decisions. The CFRA content contains opinions of CFRA based upon publicly-available information that CFRA believes to be reliable and the opinions are subject to change without notice. This analysis has not been submitted to, nor received approval from, the United States Securities and Exchange Commission or any other regulatory body. CFRA, ITS THIRD-PARTY SUPPLIERS, AND ALL RELATED ENTITIES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. No content provided by CFRA or any part thereof may be modified, reverse engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written permission of CFRA, and such content shall not be used for any unlawful or unauthorized purposes. CFRA and its third-party providers, as well as its and their directors, officers, shareholders, employees or agents, do not guarantee the accuracy, completeness, timeliness or availability of such content and assume no liability with respect to the consequences of relying on this information for investment or other purposes. In no event shall CFRA, its affiliates, or their third-party suppliers be liable for any direct, indirect, special, or consequential damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with a subscriber’s, subscriber’s customer’s, or other’s use of CFRA’s content.
Clover
CUSIP
“CUSIP” identifiers have been provided by CUSIP Global Services, managed on behalf of the American Bankers Association by Standards & Poor's Financial Services, LLC, and are not for use or dissemination in a manner that would serve as a substitute for any CUSIP service. The CUSIP Database, Copyright © 2024, American Bankers Association CUSIP Database provided by S&P Global Market Intelligence LLC. All rights reserved. “CUSIP” is a registered trademark of the American Bankers Association. See CUSIP Terms of Use for more information.
"Subscriber agrees and acknowledges that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services ("CGS") and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to Subscriber in such materials or in any of the information contained therein. Any use by Subscriber outside of the clearing and settlement of transactions requires a license from CGS, along with an associated fee based on usage. Subscriber agrees that misappropriation or misuse of such materials will cause serious damage to CGS and ABA, and that in such event money damages may not constitute sufficient compensation to CGS and ABA; consequently, Subscriber agrees that in the event of any misappropriation or misuse, CGS and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CGS and ABA may be entitled."
"Subscriber agrees that Subscriber shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. Subscriber further agrees that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CGS."
"NEITHER CGS, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO SUBSCRIBER ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CGS, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CGS, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY SUBSCRIBER FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CGS AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL."
"Subscriber agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above."
eMoney
Envestnet
Experian
FactSet
FactSet®* Terms of Use
FactSet Research Systems Inc. (“FactSet”) on behalf of itself and its affiliates agrees to provide, and User agrees to use, the FactSet Data described below according to the terms and conditions below.
- License of Databases, Consulting and Software
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Subject to the terms and conditions of this Agreement, FactSet grants to User the limited, nonexclusive, nontransferable rights to use its financial data (“FactSet Data”) via this website.
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All proprietary rights, including intellectual property rights, in the FactSet Data will remain property of FactSet.
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- Restrictions of Use; Proprietary Rights
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FactSet provides the FactSet Data solely and exclusively for User’s internal use and for business purposes only in User’s business. User will not use or permit any individual or entity under its control to use the FactSet Data for any unlawful or unauthorized purpose.
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Except as otherwise expressly provided in this Agreement, User agrees that it will not copy, transfer, distribute, reproduce, reverse engineer, decrypt, decompile, disassemble, create derivative works from or make any part of the FactSet Data available to others. User may use Insubstantial Amounts of the FactSet Data in the normal conduct of its business for use in reports, memoranda and presentations to User’s employees, customers, agents and consultants, but FactSet and its respective affiliates reserve all ownership rights and rights to redistribute the FactSet Data. “Insubstantial Amounts of the FactSet Data” means an amount of the FactSet Data that (i) has no independent commercial value as a database, (ii) could not be used by User as a substitute for the FactSet Data or any part of it, (iii) is not separately marketed by User, an affiliate of User or a third-party source, and (iv) is not regularly or systematically retrieved in a manner that does not satisfy clauses (i), (ii) and (iii) of this definition. FactSet will have the right to require User to cease its use of the FactSet Data immediately if, in the sole reasonable judgment of FactSet, FactSet believes that User’s use involves more than an Insubstantial Amount of the FactSet Data.
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FactSet represents and User acknowledges that the FactSet Data and its component parts were developed, compiled, prepared, revised, selected and arranged by FactSet or its affiliates through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, money and originality and that they constitute valuable intellectual property and trade secrets of FactSet. At FactSet’s expense and reasonable request, User agrees to cooperate with FactSet to protect the proprietary rights in the FactSet Data during the term of this Agreement. User covenants to (i) retain all copyright, trademark, service mark and other proprietary notices contained in the FactSet Data on any copy made by User; and (ii) not modify the FactSet Data in a way that would constitute an infringement of any third party intellectual property rights. User agrees to notify FactSet promptly in writing of any unauthorized access or use of which User becomes aware of or any claim that the FactSet Data or any component parts infringes on any copyright, trademark or other contractual or statutory or common law right. Neither party will use any trademarks, website marks, names, logos, or other identifiers of the other party without the prior written permission of the relevant party. In addition, neither party may use the other party’s trademarks: (i) in, as or as part of that party’s own trademarks or those of any third parties, (ii) in a manner likely to cause confusion, or (iii) in a manner that implies inaccurately that a party sponsors, endorses or is otherwise connected with the other party’s own activities, products or services. User will not, under any circumstances, remove any trademarks, copyrights or other related visual marks and logos from the information provided or from any reproduction or redistribution of such information.
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- Term
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FactSet may, in its sole discretion, terminate User’s use of the FactSet Data for any reason including: (i) breach by User of this Agreement, or (ii) conduct by User that is harmful to FactSet’s business.
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User may not use, or assist any third party in using, any portion of the FactSet Data in any way to compete with the FactSet Data. If FactSet believes, in good faith, that the User is competing with FactSet, then FactSet may terminate this Agreement, consider the activity a material breach of this Agreement and pursue any and all remedies for the breach.
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- Indemnification
User will indemnify and hold harmless FactSet against all claims or demands by and liabilities to third parties, including without limitation reasonable attorney’s fees, arising from or in connection with User’s breach of any of its representations, warranties, or covenants in this Agreement and User’s use of the FactSet Data not in accordance with this Agreement. - Warranties and Disclaimers
- EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE FACTSET DATA IS PROVIDED “AS IS” AND ALL REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE OR OTHERWISE), IN RELATION TO THE FACTSET DATA ARE HEREBY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, FACTSET DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MAKE NO WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, OR SPEED OF DELIVERY OF THE FACTSET DATA. USER AGREES THAT THE FACTSET DATA IS NOT INVESTMENT ADVICE AND ANY OPINIONS OR ASSERTION CONTAINED IN THE FACTSET DATA DO NOT REPRESENT THE OPINIONS OR BELIEFS OF FACTSET OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES. FactSet does not warrant that the FactSet Data will be uninterrupted, error free, or completely secure. FactSet expressly disclaims any liability for any loss or injury caused in whole or in part by negligence or any other error made by human or machine concerning the production, compilation, or distribution of the FactSet Data. User expressly assumes the entire risk for the results and performance of the FactSet Data.
- None of FactSet or its respective affiliates will have any liability for any lost profits or direct, indirect, special, consequential, punitive, or exemplary damages, even if advised in advance of the possibility of these types of damages.
- Entire Agreement
This Agreement constitutes the entire Agreement between the parties and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to any subject matter covered by this Agreement. User may translate this Agreement into other languages for the convenience of User, but the controlling language will be English. - Governing Law
This Agreement will be governed by, construed, and enforced pursuant to the laws of the state of New York and will be subject to the exclusive jurisdiction of that state without regard to conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement will be settled by the state or federal courts located in New York, New York. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY. User may not bring a cause of action under or related to this Agreement more than one year after User knew or should have known of the cause of action, and in no case more than one year after the termination of this Agreement. - Confidential Information
“Confidential Information” means any non-public information obtained under or in connection with the User’s receipt of FactSet Data, including the FactSet Data. Except to the extent required by law or legal process or as otherwise provided herein, User will not disclose any Confidential Information to any third party.
Financial Technology Laboratories, Inc.Analytics provided by Financial Technology Laboratories, Inc.
iPipeline
Markov Processes International (MPI)
MoneyGuidePro
Morningstar
“®2024 Morningstar. All Rights Reserved. The information contained herein: (1) is
proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.” For more information, see also: shareholders.morningstar.com/investor-relations/governance/Compliance--Disclosure/default.aspx
Ned Davis Research, Inc. (NDR)Quicken
Refinitiv/Thomson Reuters
Copyright ©2024, Refinitiv. All rights reserved. Refinitiv Holdings Limited ("Refinitiv") and its affiliates are referred to below as "Refinitiv."
The "Information Product" is any data or service provided by Refinitiv. Refinitiv or its third party providers own and retain all rights, title and interest, including but not limited to copyright, trademarks, patents, database rights, trade secrets, know-how, and all other intellectual property rights or forms of protection of similar nature or having equivalent effect, anywhere in the world, in the Information Product and user is not granted any proprietary interest therein or thereto. The Information Product constitutes confidential and trade secrets of Refinitiv or its third party providers. Display, performance, reproduction, distribution of, or creation of derivative works or improvements from Information Product in any form or manner is expressly prohibited, except to the extent expressly permitted hereunder, or otherwise, with the prior written permission of Refinitiv.
User may use the Information Product for internal purposes only. User may copy, paste, and distribute internally only an insubstantial amount of the data contained in the Information Product provided that: (a) the distribution is incidental to or supports user's business purpose; (b) the data is not distributed by user in connection with information vending or commercial publishing (in any manner or format whatsoever), not reproduced through the press or mass media or on the Internet; and (c) where practicable, clearly identifies Refinitiv or its third-party providers as the source of the data. Data will be considered in "insubstantial amount" if such amount (a) has no independent commercial value; or (b) could not be used by the recipient as a substitute for any product or service (including any download service) provided by Refinitiv or a substantial part of it.
To the extent that the Information Product contains any third-party data referred to in the General Restrictions/Notices page set forth on www.thomsonreuters.com/datause, the terms set forth on such General Restrictions/Notices page shall apply to user.
User acknowledges that access to certain elements of the Information Product may cease or may be made subject to certain conditions by Refinitiv or upon the instructions of the third-party provider of those elements. Upon termination or expiration of this user license, all rights granted hereunder shall immediately terminate and user shall cease to use the Information Product and delete or destroy all copies thereof in its possession or control.
NEITHER REFINITIV NOR ITS THIRD-PARTY PROVIDERS WARRANT THAT THE PROVISION OF THE INFORMATION PRODUCT WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, COMPLETE, OR ACCURATE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SAME. USE OF THE INFORMATION PRODUCT AND RELIANCE THEREON IS AT USER'S SOLE RISK. NEITHER REFINITIV OR ITS THIRD-PARTY PROVIDERS WILL IN ANY WAY BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR THEIR INABILITY TO USE THE INFORMATION PRODUCT, OR FOR ANY INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUS, OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES, OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE INFORMATION PRODUCT. THE INFORMATION PRODUCT IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR OTHERWISE IS PROVIDED HEREUNDER.
IN NO EVENT WILL REFINITIV OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH INFORMATION PRODUCT EVEN IF REFINITIV OR ITS THIRD-PARTY PROVIDERS OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. FURTHER, REFINITIV OR ITS PARTY PROVIDERS SHALL NOT BE LIABLE IN ANY MANNER FOR REDISTRIBUTOR'S PRODUCTS OR SERVICES.
S&P Global Market Intelligence
Copyright 2024, S&P Global Market Intelligence (and its affiliates as applicable). Reproduction of any information, opinions, views, data, or material, including ratings (“Content”) in any form is prohibited except with the prior written permission of the relevant party. Such party, its affiliates, and suppliers (“Content Providers”) do not guarantee the accuracy, adequacy, completeness, timeliness, or availability of any Content and are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such Content. In no event shall Content Providers be liable for any damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with any use of the Content. A reference to a particular investment or security, a rating, or any observation concerning an investment that is part of the Content is not a recommendation to buy, sell, or hold such investment or security, does not address the suitability of an investment or security, and should not be relied on as investment advice. Credit ratings are statements of opinions and are not statements of fact.
Twilio
Compliance with the Laws and Standards of Conduct:
Except as expressly provided in an open source or other public license, you shall not (i) reverse engineer, decompile, disassemble, or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive the source code underlying the Twilio Services; (ii) transfer, resell, lease, license, or assign Services or otherwise offer the Services on a standalone basis; (iii) use the Services in any manner that violates Twilio's Acceptable Use Policy, a copy of which is attached hereto as Exhibit 1, “Acceptable Use Policy” or any other term of this Agreement; or (iv) use the Services to access or allow access to emergency services personnel or public safety answering points such as 911 or E911 services.
Acceptable Use Policy:
This Acceptable Use Policy describes actions that Twilio, Inc. ("Twilio") prohibits when you use its website and/or services (the "Services"). The Acceptable Use Policy is governed by the Service Agreement between Twilio and Advisor360°. Twilio may in its sole discretion determine whether you are in violation of this Acceptable Use Policy. The Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive, or any other manner that interferes with or diminishes others’ use and enjoyment of the Services is prohibited. The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using the Services.
This list is provided by way of example and shall not be considered exhaustive:
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Adversely impacting the availability, reliability, or stability of Twilio's Services.
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Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of Twilio's Services.
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Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Twilio, to any user of our Services, or to any of our or their respective customers.
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Testing or reverse-engineering the Services in order to find limitations, vulnerabilities or evade filtering capabilities.
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Using the Services in any manner that may subject Twilio or any third party to liability, damages or danger.
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Using the Services in any manner that violates any applicable third-party policies or requirements that Twilio has communicated to the customer.
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Using the Services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.
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Engaging in fraud with respect to your account.
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Using your account to engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites.
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Using any of the Twilio Properties or Twilio Marks other than as expressly permitted in the Service Agreement between Twilio and Advisor360°.
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Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright, or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.
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Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
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Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes.
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Using phone numbers provided by Twilio ("Twilio Phone Numbers") for SMS in a manner that is not designed to enhance or augment the person-to-person nature of SMS communications.
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Offering any Emergency Services to users. "Emergency Services" shall mean services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services.
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Promoting or engaging in illegal activities.
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Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
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Harvesting or otherwise collecting information about others, including email addresses or phone numbers, from Twilio’s website without their express consent.
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Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using your account.
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Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
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Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software.
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Interfering with or disrupting networks connected to the Services or violating the regulations, policies, or procedures of such networks.
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Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephone network.
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Using the Services, or a component of the Services, in a manner not authorized by Twilio.