FanDuel is not responsible for virtually any financial or other harm you experience as a result of using the platform, including damage from security breaches, service outages, or errors, and acknowledges that your data transmissions may not be secure.
This analysis describes what FanDuel's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The clause disclaims liability for a very wide range of potential harms, including data interception by unauthorized parties, which FanDuel explicitly acknowledges may occur during platform use.
Interpretive note: The enforceability of the full liability disclaimer depends on jurisdiction-specific consumer protection statutes that may override contractual disclaimers in certain circumstances.
Users bear personal financial and legal risk for nearly all harms arising from platform use, including unauthorized data interception, and the agreement acknowledges that transmitted information may not be secure; applicable law may limit how fully these disclaimers apply in practice.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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"YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FANDUEL NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF FANDUEL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)— Excerpt from FanDuel's FanDuel Terms of Use
REGULATORY LANDSCAPE: Broad limitation of liability clauses in consumer contracts interact with state consumer protection statutes that may prohibit disclaimers of liability for gross negligence, willful misconduct, or statutory violations. The FTC Act's prohibition on unfair or deceptive practices may constrain the enforceability of liability disclaimers that are not prominently disclosed. The acknowledgment that data transmissions may be intercepted may have implications under state data security and breach notification statutes. GOVERNANCE EXPOSURE: Medium. The explicit acknowledgment that user data may be intercepted or acquired by unauthorized parties is notable and may affect the company's position in the event of a data breach claim. Courts in some jurisdictions have declined to enforce liability disclaimers that conflict with statutory rights or where the disclaimer is found to be unconscionable in a consumer context. JURISDICTION FLAGS: California, New York, and Massachusetts impose limitations on consumer liability disclaimers that conflict with statutory consumer rights. The clause's qualifying language, to the fullest extent permitted by applicable law, suggests awareness of these constraints but does not resolve jurisdiction-specific enforceability questions. CONTRACT AND VENDOR IMPLICATIONS: The limitation of liability extends to FanDuel's suppliers and licensors, meaning third parties whose services contribute to platform failures also benefit from the disclaimer. Vendors and technology partners should assess whether this allocation of risk is consistent with their own contractual arrangements with FanDuel. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the data security acknowledgment in this clause triggers any proactive disclosure obligations under applicable state data security statutes. The clause should be reviewed in the context of the company's actual security posture to confirm that the disclaimer does not misrepresent the level of security provided to users.
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The clause disclaims liability for a very wide range of potential harms, including data interception by unauthorized parties, which FanDuel explicitly acknowledges may occur during platform use.
Users bear personal financial and legal risk for nearly all harms arising from platform use, including unauthorized data interception, and the agreement acknowledges that transmitted information may not be secure; applicable law may limit how fully these disclaimers apply in practice.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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