Buyer & Seller Platform Terms
Welcome to the FE International Marketplace. The terms below (these "Platform Terms") set out the rules between you and FE International, Inc., a Delaware corporation, together with its affiliates and subsidiaries ("FE International," "we," "our," or "us"), when you register or use our M&A platform as either a buyer or a seller ("you" or "your").
These Platform Terms cover your use of the FE International Marketplace and every feature we make available through it, including the deal room, in-platform messaging, the automated NDA workflow, the LOI Builder, the APA Builder, the funds verification flow, escrow handoff integrations, and any analytics or third-party data integrations we add over time (together, the "Platform"). By creating an account or continuing to use the Platform, you confirm that you have read, understood, and agreed to be bound by these Platform Terms.
These Platform Terms sit alongside, and are read together with, the FE International Website Terms of Use and the FE International Privacy Policy. Please review all three carefully — they define and, in some cases, restrict your rights when using the Platform.
A. Who Can Use the Platform
A.1 Account Eligibility
Whoever submits the registration form represents and warrants to FE International that they (a) have full legal capacity and authority to accept these Platform Terms, whether for themselves or on behalf of an entity; (b) have not previously been suspended or removed from the Platform for breach of any FE International policy; (c) are not located in, or a resident of, a jurisdiction subject to comprehensive U.S. sanctions; and (d) have submitted information that is accurate, current, and complete.
A.2 Acting on Behalf of an Entity
If your seller listing relates to a business held in a corporation, LLC, partnership, or other entity, or if you intend to acquire a business through a fund, holding company, SPV, or any other investment vehicle, you confirm by registering that you are duly authorized to bind that entity to these Platform Terms. Your obligations apply to both you personally and the entity you represent.
A.3 California Privacy Notice
FE International is headquartered in California. If you are a California resident, the FE International Privacy Policy includes the disclosures, rights, and choices required by the California Consumer Privacy Act and the California Privacy Rights Act, including how to exercise your rights to access, delete, correct, or opt out of certain processing of your personal information. Submitting a verifiable consumer request through the methods described in the Privacy Policy is the way to exercise those rights.
B. Listings, Content, and Licenses
B.1 Material You Submit
You alone are responsible for everything you upload, paste, link, or otherwise submit to the Platform — including listing descriptions, financial figures, P&L exports, traffic data, screenshots, photographs, recordings, contact details, third-party URLs, and anything reachable through links you share (collectively, your "Submitted Material"). FE International is not the author of, and does not validate, your Submitted Material.
B.2 License to FE International
You grant FE International a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and non-exclusive license to host, copy, reformat, display, transmit, store, index, run analytics on, and otherwise use your Submitted Material to (a) operate, secure, and improve the Platform and our services, and (b) market the Platform and approved buyer/seller opportunities through the FE International website, partner channels, and authorized syndication networks. You retain ownership of your Submitted Material; this license does not transfer ownership.
B.3 Your Representations About Submitted Material
You represent and warrant that: (a) you own or have all necessary rights and licenses in your Submitted Material to grant the license in B.2; (b) your Submitted Material — and your use of the Platform generally — does not violate any applicable law, regulation, court order, or third-party right (including IP, privacy, publicity, and confidentiality rights); (c) your Submitted Material is not unlawful, defamatory, harassing, deceptive, obscene, or otherwise objectionable; (d) sharing your Submitted Material with FE International does not breach any NDA, employment agreement, or other confidentiality duty you owe; and (e) all financial, traffic, customer, and operational metrics you provide are true and not misleading in any material respect as of the date you provide them.
B.4 Curation, Editing, and Removal
FE International decides, in its sole discretion, where and how listings appear on the Platform. We may copyedit, reformat, redact, hide, or remove any Submitted Material at any time — for example, to fix typos, comply with law, address quality concerns, respond to user reports, or enforce these Platform Terms. You authorize us to use automated tools to crawl, scan, and analyze any website, app store listing, or public profile associated with a listed business for verification, fraud prevention, and quality purposes. You agree to keep your listing and account details current, including any changes to availability, ask price, financial performance, or contact information, within a reasonable period after a change occurs.
C. Acceptable Use
C.1 Things You Will Not Do
You agree that you will not, and will not permit any person acting through your account to:
- Submit any listing, financial figure, traffic claim, or representation that is false, materially incomplete, or intended to mislead other users;
- Use the Platform, in whole or in part, for benchmarking, competitive intelligence, or to design, build, train, or improve any competing marketplace, dataset, or service;
- Scrape, crawl, harvest, or otherwise extract data from listings, profiles, deal rooms, messages, or any other part of the Platform by any automated or manual means, except where we have given express written permission;
- Bypass or attempt to bypass any captcha, rate limit, login wall, paywall, or technical access control on the Platform;
- Republish, mirror, post to social media, share with the press, or otherwise disclose any non-public listing details, deal room contents, or buyer/seller identity outside the Platform;
- Use the Platform to offer, solicit, or transact in any "security" within the meaning of the Securities Act of 1933, as amended, including equity interests, partial buyouts, convertible notes, debt securities, fund interests, or any similar instrument;
- Run advertisements, promote unrelated products or services, or engage in lead-generation activity targeting other users of the Platform;
- List any business engaged in unlawful activity or any activity that violates the FE International Code of Conduct or Website Terms of Use; or
- Take any action intended to circumvent the Closing Fee or any other fee owed to FE International (see Section F.3 for the non-circumvention obligation).
C.2 Confidentiality of Deal Information
C.2.1 Defined Terms
In this Section C.2, the party sharing information is the "Disclosing Party" and the party receiving it is the "Receiving Party". "Deal Information" means any non-public information about the Disclosing Party or its business that the Disclosing Party (or its Representatives) shares with the Receiving Party (or its Representatives) through the Platform in connection with evaluating a possible acquisition (a "Possible Transaction"). Deal Information includes financial statements, customer and supplier details, traffic and product analytics, code and technology assets, employee information, and any analyses, summaries, or notes the Receiving Party prepares from that information. "Representatives" means a party's directors, officers, employees, contractors, attorneys, accountants, lenders, financial advisors, and other professional advisors.
Deal Information does not include information that the Receiving Party can demonstrate (i) is or becomes publicly available through no breach of these Platform Terms; (ii) was already in its possession before disclosure, free of any confidentiality obligation; (iii) is independently developed without use of or reference to the Disclosing Party's Deal Information; or (iv) is lawfully received from a third party that is not under a confidentiality obligation.
C.2.2 Use and Non-Disclosure
The Receiving Party will, and will cause its Representatives to: (a) use Deal Information only to evaluate a Possible Transaction; (b) keep Deal Information strictly confidential and protect it with at least the same degree of care it uses for its own confidential information of similar sensitivity (and never less than reasonable care); and (c) only share Deal Information with Representatives who have a clear need to know it for the Possible Transaction and who are bound by written or professional confidentiality obligations no less protective than these Platform Terms. The Receiving Party is responsible for any breach of these confidentiality obligations by its Representatives.
Without the Disclosing Party's prior written consent, the Receiving Party will not disclose to any third party (i) that Deal Information has been exchanged, (ii) that discussions about a Possible Transaction are taking place or have taken place, or (iii) any of the substantive terms of any such discussions. Notwithstanding the foregoing, FE International's Platform may automatically and anonymously surface high-level deal-status events to other authorized buyers — for example, that a listing has received an LOI or has gone under offer — and you consent to that automated disclosure when you use the Platform.
C.2.3 Source and Accuracy of Deal Information
All Deal Information appearing on the Platform comes from the buyer or seller who shared it. FE International does not author, audit, or verify Deal Information and makes no representations or warranties about its accuracy, completeness, or fitness for any purpose. Any representation or warranty about Deal Information is made by the buyer or seller who provided it — never by FE International, its team, or its advisors.
D. What Can Be Bought and Sold on the Platform
D.1 Geographic Limits
We do not provide the Platform to users located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions, and we do not facilitate transactions in or with parties in those jurisdictions.
D.2 Asset Sales Only
The Platform is built for asset sales of online and digitally native businesses. Stock sales, equity transfers, and other security-based deal structures are out of scope and will be removed.
D.3 Securities Are Prohibited
FE International does not allow the offer, solicitation, marketing, sale, or purchase of any "security" through the Platform. We monitor the Platform for prohibited activity and will remove users we determine, in our sole discretion, to be promoting or facilitating a securities transaction. Prohibited activity includes (without limitation):
- Sale or purchase of equity interests, including common stock, preferred stock, and LLC membership interests;
- Partial or majority ownership buyouts in which any equity is being transferred;
- Sale or purchase of debt securities, including notes, bonds, debentures, or other evidences of indebtedness; and
- Capital-raising activities of any kind, including SAFE, convertible note, or fund interest offerings.
FE International reserves the right to remove any listing, message, user, or transaction from the Platform at any time, in its sole discretion, including where we believe a user or transaction violates applicable law, regulation, or these Platform Terms.
E. Fees, Subscriptions, and Closing
E.1 Cancelling Your Account
You can cancel your account at any time by following the cancellation flow in your account settings or by emailing the address in Section H.6. Cancellation does not refund any fees previously paid except as described in our Refund Policy.
E.2 Account Suspension and Termination by FE International
We may, at our discretion and with or without prior notice, suspend, restrict, or permanently terminate your account if (a) we believe you have breached these Platform Terms or any other FE International policy; (b) we believe doing so is necessary to protect the Platform, our users, or third parties; or (c) we are required to do so by law, regulator, or court order. We may also discontinue any feature of the Platform at any time without liability.
E.3 Subscription Fees
Current buy-side and sell-side subscription fees are listed at https://www.feinternational.com/pricing. Buy-side subscriptions provide access to listings and the in-platform communication tools. Sell-side subscriptions provide access to the buyer pool and the deal-prep tooling.
WE MAY UPDATE THE FEES, FEATURES, AND ACCESS LEVELS LISTED ON THE PRICING PAGE AT ANY TIME, IN OUR SOLE DISCRETION. WHERE A CHANGE AFFECTS A FEE YOU ALREADY PAY, WE WILL GIVE YOU REASONABLE ADVANCE NOTICE BY EMAIL OR THROUGH THE PLATFORM, AND THE NEW FEE WILL APPLY FROM THE EFFECTIVE DATE STATED IN THAT NOTICE.
E.4 Closing Fee
Sellers agree to pay FE International the success-based services fee shown on the pricing page (the "Closing Fee") within five (5) business days of closing a transaction that originated, was facilitated, or was supported by the Platform. The current Closing Fee schedule is at https://www.feinternational.com/pricing. We may update the Closing Fee from time to time on reasonable notice; the version of the Closing Fee in effect on the date of that notice applies to closings from that date forward, regardless of when the buyer and seller first connected.
E.5 What the Closing Fee Is Calculated On
The Closing Fee is calculated on the total purchase price (or total enterprise value, where applicable) of the transaction, including without limitation: cash at close, holdback amounts, escrow amounts, earnouts and other contingent consideration, seller financing or notes (whether secured or unsecured), assumed liabilities included in the purchase price, post-closing consulting or transition fees paid to the seller, royalty or revenue-share streams, and any non-cash consideration such as equity or rollover interests. All deferred or contingent components are deemed earned and payable at closing for purposes of calculating the Closing Fee, and the corresponding portion of the Closing Fee is due on the closing date.
Where any portion of the purchase price is non-cash (for example, equity, rollover, or token consideration), the seller will pay FE International the corresponding portion of the Closing Fee in cash. The Closing Fee is not paid in non-cash consideration.
E.6 How the Closing Fee Is Paid
Sellers agree to: (a) include the Closing Fee on any funds-flow memorandum, settlement statement, or closing schedule used in the transaction; (b) include the Closing Fee in the closing-day wire of the purchase price; or (c) where escrow is used, include FE International on the escrow disbursement instructions for the Closing Fee. The non-circumvention provisions in Section F.3 apply to the Closing Fee.
F. What FE International Does — and What It Does Not Do
F.1 What the Platform Does
FE International operates an online M&A marketplace that connects qualified buyers with sellers of online and digitally native businesses. The Platform also offers self-service tools (such as the LOI Builder, the APA Builder, the automated NDA workflow, valuation calculators, the deal room, and integrations with identity verification, escrow, and payments providers) and informational resources designed to streamline early-stage diligence and deal preparation.
Separately from the Platform, FE International offers full-service brokerage and advisory services through its team of licensed and experienced M&A advisors. Those engagements are governed by individually negotiated, signed engagement letters — not by these Platform Terms.
F.2 Compensation Disclosures
F.2.1 Referrals to Third-Party Professionals
From time to time, we may introduce you to third-party M&A professionals — for example, transaction attorneys, accountants, quality-of-earnings providers, or transition consultants (each, an "Advisor") — with whom FE International has an existing relationship. Where permitted by applicable law, FE International may receive a referral or revenue-share fee from an Advisor in connection with the introduction. By accepting these Platform Terms, you acknowledge and consent to that arrangement. You are never required to engage any Advisor we introduce, and accepting these Platform Terms does not create any obligation to do so.
F.2.2 Lending, Insurance, and Service Partners
Where we offer optional financing, escrow, R&W insurance, payments, or similar partner services to support a transaction, the partner may pay FE International a referral or revenue-share fee for the introduction. By accepting these Platform Terms, you acknowledge and consent to those arrangements. You are free to use any provider you choose.
F.3 Non-Circumvention
You agree not to take any action — directly or indirectly, alone or with any third party — that would prevent FE International from receiving the compensation contemplated by these Platform Terms. You will transact through the Platform with parties you meet through the Platform, and you will not "go off-platform" to avoid the Closing Fee or any other fee. This non-circumvention obligation survives termination of these Platform Terms, and any breach of it is a material breach of these Platform Terms.
F.4 Automated Deal Status Messaging
When a listing receives an LOI, the Platform may automatically notify other buyers with whom the listing has been shared that an LOI has been received — without disclosing the identity of the offering buyer or the terms of the offer. When a listing closes, the Platform may automatically notify those buyers that the listing has been acquired. By using the Platform, you consent to this automated, anonymized status messaging.
F.5 Things FE International Does Not Do
FE International strives to run a high-quality marketplace, but you acknowledge and agree that, except where we have signed a separate, fully executed engagement letter expressly to the contrary, FE International is not, and is not acting as:
- Your broker, agent, fiduciary, attorney, accountant, financial advisor, or representative of any kind. No such relationship is created by your registration or use of the Platform, by implication or otherwise.
- A law firm. The Platform tools (including the LOI Builder, the APA Builder, the automated NDA workflow, and any guidance content) are provided for informational and workflow purposes only. Nothing on the Platform constitutes legal, tax, or accounting advice. You are responsible for engaging your own qualified professionals.
- A diligence provider. FE International does not perform legal, tax, financial, technical, security, or commercial due diligence on any buyer, seller, listing, or transaction. You are solely responsible for performing whatever diligence you decide to perform, at your own cost.
- A valuation firm. Any valuation calculator, multiple range, or comparable shown on the Platform is informational only and is not a substitute for a formal valuation by a qualified professional.
- A closing services provider. We do not handle bulk-sale notifications, lien clearances, tax clearance certificates, sales-tax permits, IRS Form 8594 filings, payroll-tax releases, or any other closing items. All closing items are your responsibility.
- A negotiator on your behalf. We do not negotiate purchase price, terms, reps and warranties, indemnities, or any other deal terms on your behalf, except where a separately signed engagement letter expressly retains us in that capacity.
- An issuer, broker-dealer, exchange, transfer agent, or alternative trading system. The Platform is not a venue for securities transactions of any kind.
- A guarantor of any transaction outcome. M&A transactions involve risk and are arm's-length deals between buyer and seller. We cannot guarantee that any deal will close, that any party will perform, or that any forecasted result will be achieved.
- A dispute-resolution forum. We do not adjudicate, mediate, arbitrate, or otherwise intervene in disputes between buyers, sellers, Advisors, or partners arising from or relating to a transaction.
- An employer or principal of any Advisor or partner. Each Advisor and partner is independent and has no power to bind FE International.
G. Tools, Integrations, and Third-Party Services
G.1 Self-Service Tools
All informational tools, templates, calculators, and guides on the Platform — including but not limited to the LOI Builder, the APA Builder, the automated NDA workflow, the funds verification tool, valuation calculators, and any acquisition playbooks — are provided for informational and workflow convenience only. Use of these tools does not create an attorney-client, fiduciary, agency, or brokerage relationship between you and FE International. You should consult qualified legal, tax, accounting, and other professionals about your specific situation before relying on any output from these tools.
G.2 Voluntary Data Integrations
If you choose to connect a third-party analytics, payments, or accounting account — for example, Stripe, Google Analytics, ChartMogul, Baremetrics, ProfitWell, QuickBooks, or similar — to populate your listing with verified metrics, you authorize FE International to use the credentials, API keys, view IDs, or OAuth tokens you provide for read access to those accounts solely to display the resulting metrics on your listing and to support the diligence process. You remain bound by the third party's terms and privacy policy when you make that connection.
FE International is not responsible for the availability, accuracy, security, or continuity of any third-party service, and any contract you enter into with a third party is between you and that third party. Use of any third-party service is at your own risk. For more detail on how voluntarily provided data is handled, see the section titled "Information Provided Voluntarily for Use of Services" in our Privacy Policy.
G.3 Identity Verification and KYC
FE International uses third-party identity verification and screening providers to confirm user identities and run any compliance checks required by applicable law. Verification activity is conducted by the provider, not FE International, and the provider is responsible for any data it collects in that process. You authorize the applicable provider to collect and process the information needed to perform verification.
G.4 Escrow Integrations
Where a transaction uses an escrow partner integrated with the Platform, the escrow partner is the escrow agent of record and the escrow agreement (and that partner's terms of service) governs that escrow exclusively. FE International's role is limited to initiating the transaction record and passing data between you and the escrow partner. We are not licensed to release, freeze, modify, cancel, or arbitrate any escrow.
Like FE International, escrow partners do not handle closing items on your behalf. All closing items remain your responsibility, and you may need to engage qualified counsel to complete them. Disputes about an escrow transaction must be raised directly with the escrow partner under that partner's terms. FE International will not be liable, in any amount, for any damages arising from or related to any escrow dispute between buyer and seller.
H. Risk Allocation
H.1 Disclaimer of Warranties
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS AGAINST FE INTERNATIONAL AND REQUIRES YOU TO WAIVE CERTAIN REMEDIES.
FE International does not own, control, employ, or sponsor any buyer, seller, listing, business, Advisor, or partner appearing on the Platform. The presence of a buyer, seller, Advisor, or partner on the Platform is not an endorsement of, recommendation of, or affiliation with that party. If you want a representation, warranty, or guarantee about a buyer, seller, listing, Advisor, or partner, please obtain it directly from that party — not from FE International.
THE PLATFORM, ALL PLATFORM TOOLS, AND ALL PLATFORM CONTENT ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITH THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, ACCURACY, AND OUTCOMES BORNE BY YOU. FE INTERNATIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN FULL.
YOU AGREE THAT FE INTERNATIONAL IS NOT, UNDER ANY CIRCUMSTANCES, LIABLE FOR ANY BREACH OF REPRESENTATION OR WARRANTY MADE BY ANY BUYER, SELLER, ADVISOR, OR PARTNER, OR FOR ANY FAILURE BY ANY OF THEM TO PERFORM ANY OBLIGATION OWED TO YOU.
H.2 Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS AGAINST FE INTERNATIONAL AND REQUIRES YOU TO WAIVE CERTAIN REMEDIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FE INTERNATIONAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST OPPORTUNITIES, BUSINESS INTERRUPTION, AND COST OF SUBSTITUTE PRODUCTS OR SERVICES — ARISING FROM OR RELATED TO THE PLATFORM OR THESE PLATFORM TERMS, EVEN IF FE INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
THIS LIMITATION APPLIES TO DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE PLATFORM; INTERRUPTION, MODIFICATION, OR DISCONTINUATION OF THE PLATFORM; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; AND ANY OTHER MATTER RELATED TO THE PLATFORM.
FE INTERNATIONAL ACCEPTS NO LIABILITY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND WHETHER OR NOT IT HAS BEEN NEGLIGENT) FOR ANY LOSS OR DAMAGE — INCLUDING WITHOUT LIMITATION LOST PROFITS — ARISING DIRECTLY OR INDIRECTLY FROM USE OF OR RELIANCE ON ANY VALUATION TOOL, LOI BUILDER, APA BUILDER, NDA WORKFLOW, OR OTHER PLATFORM FEATURE.
FE INTERNATIONAL'S AND ITS AFFILIATES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PLATFORM OR THESE PLATFORM TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL FEES YOU ACTUALLY PAID FE INTERNATIONAL FOR USE OF THE PLATFORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
H.3 Indemnification
You agree to defend, indemnify, and hold harmless FE International, its affiliates, and each of their respective officers, directors, employees, contractors, agents, suppliers, and representatives from and against any claim, demand, action, loss, damage, cost, or expense (including reasonable attorneys' fees) arising from or related to:
- your access to or use of the Platform, your account, or any Platform tool;
- any breach by you of these Platform Terms, including any breach of the prohibitions in Section C.1 or any representation or warranty in Section B.3;
- any Submitted Material or Deal Information you provide, including the truthfulness, accuracy, completeness, and lawfulness of that material; and
- any dispute between you and any other user, Advisor, or partner.
FE International may assume the exclusive defense and control of any matter for which you owe indemnification, in which case you will reasonably cooperate in asserting available defenses. You may not settle any matter that imposes any obligation on FE International without our prior written consent.
H.4 Governing Law and Venue
These Platform Terms, and any dispute arising from or relating to them or your use of the Platform, are governed by the laws of the State of California (including its conflict-of-laws rules) and the federal laws of the United States. You agree to the exclusive jurisdiction and venue of the state and federal courts located in California for any such dispute, and you waive any objection to that jurisdiction or venue.
H.5 Changes to These Platform Terms
FE International may update these Platform Terms at any time, in its sole discretion, by posting an updated version on the FE International website or by sending you notice through the Platform, by email, or by other reasonable electronic means. We may also add, modify, suspend, or discontinue features of the Platform from time to time. Continued use of the Platform after the effective date of an update constitutes your acceptance of the updated Platform Terms. It is your responsibility to review these Platform Terms periodically.
H.6 Notices
All notices under these Platform Terms must be in writing. Notices to FE International will be effective when received, and may be sent by personal delivery; certified or registered mail, return receipt requested; recognized overnight courier (effective the next business day after deposit); or email with confirmation of receipt. Written notices to FE International should be addressed to: FE International, Inc., Attn: Legal, [Street Address], [City, State, ZIP]. Electronic notices should be sent to legal@feinternational.com.
H.7 Attorneys' Fees
In any dispute arising from or related to these Platform Terms, the substantially prevailing party is entitled to recover its reasonable attorneys' fees and other related costs and expenses from the other party.
H.8 Miscellaneous
H.8.1 Assignment
You may not assign or transfer your rights or delegate your obligations under these Platform Terms, in whole or in part, without FE International's prior written consent; any attempted assignment or delegation without that consent is void. FE International may freely assign or transfer these Platform Terms in connection with a merger, acquisition, financing, reorganization, or sale of substantially all of its assets.
H.8.2 No Waiver
FE International's failure to enforce any provision of these Platform Terms is not a waiver of that provision or any other provision. Any waiver of any provision is effective only if in writing and signed by an authorized representative of FE International.
H.8.3 Order of Precedence
These Platform Terms are read together with any separate written agreement between you and FE International (for example, a brokerage engagement letter). If there is a direct conflict between these Platform Terms and a separately signed agreement, the separately signed agreement controls solely with respect to the subject matter of that agreement.
H.8.4 No Third-Party Beneficiaries
These Platform Terms do not create, and are not intended to create, any rights or remedies in any third party.
H.8.5 Severability
If any provision of these Platform Terms is held invalid, illegal, void, or unenforceable by a court of competent jurisdiction, that provision will be modified only to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
H.8.6 Survival
Any provision of these Platform Terms that by its nature should survive termination of your account or these Platform Terms — including Sections B.2 (license), B.3 (representations), C.2 (confidentiality), E.4–E.6 (Closing Fee and non-circumvention), F.3 (non-circumvention), F.5 (no-services disclaimers), H.1 (warranty disclaimer), H.2 (limitation of liability), H.3 (indemnification), H.4 (governing law and venue), H.6 (notices), H.7 (attorneys' fees), and this H.8 — survives that termination.
© FE International, Inc. All rights reserved.
Questions about these Platform Terms? Email support@feinternational.com.