Provision record
FanDuel · FanDuel Terms of Use · View original document ↗

Limitation of Liability

Medium severity Medium confidence Explicit document language Common · 287 of 352 platforms
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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Recent Activity

This document changed recently

Medium Jul 17, 2026

The updated terms now prohibit FanDuel Fantasy participation in Alberta, Canada, effective July 17, 2026. Previously, only Ontario was excluded from Canadian service. Residents of Alberta who had existing accounts may no longer be able to enter contests or deposit funds for new games. The terms state participation is prohibited in Ontario and Alberta; any account registration or contest entry by an Alberta resident violates this warranty requirement.

View change record →

Clause Stability Stable

0
Changes
4
Months Monitored
May 8, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 4261 other provisions on other platforms.

Consumer impact (what this means for users)

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.

How other platforms handle this

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Leonardo AI Medium

A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...

Netflix Medium

The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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 Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

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.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
FanDuel Terms of Use
Entity
FanDuel
Document last updated
May 5, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 11, 2026
Record ID
CA-P-006596
Document ID
CA-D-00350
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
bfa5b80c77e6af6f71d66207bea295ad95092ee809c1be6c34bfa6afd2a2fbf9
Analysis generated
May 11, 2026 00:07 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: FanDuel
Document: FanDuel Terms of Use
Record ID: CA-P-006596
Captured: 2026-05-11 00:07:18 UTC
SHA-256: bfa5b80c77e6af6f…
URL: https://conductatlas.com/platform/fanduel/fanduel-terms-of-use/provision/CA-P-006596/limitation-of-liability/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does FanDuel's Limitation of Liability clause do?

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.

How does this clause affect you?

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.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.

Is ConductAtlas affiliated with FanDuel?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by FanDuel.