INFORMATION MADE AVAILABLE THROUGH THIS SERVICE
Unauthorized use of the web site and QRM’s systems, including, but not limited to, unauthorized entry into QRM’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the web site in any manner that could damage, disable, overburden, or impair the web site or service or interfere with any other party’s use and enjoyment of the web site or service. You may not attempt to gain unauthorized access to the web site or service, computer systems or networks connected to any the web site or service, through hacking, password mining or any other means. You may not use any system or software to extract data from the web site.
Without limiting the generality of the foregoing, the information and other QRM materials you access via the web site may not be used as a basis for any financial instruments or products (including, without limitation, passively managed funds and index-linked derivative securities) or other products or services, may not be used to manage any funds or portfolios, to verify or correct data in any other compilation of data or index, to create any derivative works nor to create any other data or index (custom or otherwise), without QRM’s prior written permission.
The information and materials on this web site may contain typographical errors or inaccuracies. QRM reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on this web site and to suspend and/or deny access to this web site or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise. Any dated information is published as of its date only, and QRM does not undertake any obligation or responsibility to update or amend any such information. QRM may discontinue or change any product, service, information or material described in or offered on this web site at any time.
You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations.
Unless expressly included in any other agreement between QRM and you, you agree that the requirements of the E-Commerce Directive (2000/31/EC) as implemented are excluded to the fullest extent permissible by law with respect to your access to and use of the web site.
DISCLAIMER OF WARRANTIES
NO WARRANTY AS TO CONTENT: ALTHOUGH QRM SHALL OBTAIN INFORMATION FOR INCLUSION IN THE SERVICE FROM SOURCES THAT QRM CONSIDERS RELIABLE, THE SERVICE IS PROVIDED TO LICENSEE “AS IS” AND NEITHER QRM, ANY OF ITS AFFILIATES, ANY OF ITS OR THEIR DIRECT OR INDIRECT INFORMATION PROVIDERS NOR ANY THIRD PARTY INVOLVED IN, OR RELATED TO, COMPILING, COMPUTING OR CREATING THE SERVICE (COLLECTIVELY, THE “QRM PARTIES”) MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND TO LICENSEE OR ANY THIRD PARTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE TIMELINESS THEREOF, THE RESULTS TO BE OBTAINED BY THE USE THEREOF OR ANY OTHER MATTER. FURTHER, THE QRM PARTIES EXPRESSLY DISCLAIM, AND LICENSEE WAIVES, ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ORIGINALITY, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NO WARRANTY AS TO SECURITY: QRM WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU VIA THIS WEB SITE.
LIMITATION OF LIABILITY
No Liability for Content; No Liability Arising from Use: Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, QRM cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither QRM, nor any of its affiliates, directors, officers or employees, nor its successors or assigns, nor any third-party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur, arising from any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or the data contained herein, whether or not the circumstances giving rise to such cause may have been within the control of QRM or of any vendor providing software or services. In no event will QRM or any such parties be liable to you for any direct, special, indirect, consequential, punitive, exemplary or incidental damages or any other damages of any kind even if QRM or any other such party has been advised of the possibility thereof.
This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g. you cannot access your Internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
Where any applicable law does not allow the limitation of liability in the manner described above, QRM’s total liability to you for all damages, loss and causes of action (whether in contract or in tort, including gross negligence) shall not exceed the amount paid by you, if any, for accessing the website.
No Representations made as to Other Sites or Links
This web site may contain links to and be linked from third-party web sites (the “sites”). These links are provided only as a convenience. Accordingly, QRM has not tested any information, software or product found on any of the sites and therefore makes no representations concerning the content of the sites. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by QRM of any information contained in any site. In no event shall QRM be responsible for the information contained on any other site or for your use of or inability to use such sites. You should also be aware that the terms and conditions of such sites and the sites’ privacy policies may be different from those applicable to your use of this web site.
Content not to be construed as solicitation or recommendation; no determination of suitability; not all risk disclosed.
The material on the web site is for informational purposes only, and is not an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading strategy. Further, none of the information and material on the web site 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.
SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS
As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may at times experience difficulty accessing the web site or communicating with QRM through the Internet or other electronic or wireless services. Any computer system or other electronic device, whether it is yours, an Internet service provider’s or QRM’s, can experience unanticipated outages or slowdowns, or have capacity limitations. QRM cannot and does not guarantee continuous, uninterrupted or secure access to the web site.
All right, title and interest in this web site and all content contained herein is the exclusive property of QRM, except as otherwise stated. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, decompile, recompile, reverse engineer, upload to, create derivative works from, transfer, or otherwise use or exploit in whole or in part any information, software, products or services obtained from this web site, except for the purposes expressly provided herein, without QRM’s prior written approval. If you download any information or software from this web site, you agree that you will not remove or obscure any copyright or other notices or legends contained therein.
Quantum Risk Metrics, Risk Alert, and all other marks and logos used on the web site (including the names of all QRM products) are trademarks and service marks of QRM or its subsidiaries. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of QRM or such third party which may own the marks.
CHOICE OF LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL
You represent, warrant and covenant that (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years of age.
Pursuant to Section 512(c)(2) of the Copyright Act, QRM designates the following agent to receive notifications of claimed infringement: QRM Management, 20821H Eva St #301, Montgomery, TX 77356.