QTRON INVESTMENTS LLC
TERMS OF USE
Please read these Terms and Conditions of Use (as defined below) before using the Site (as defined below). Your access to and use of the Site is subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and QTRON INVESTMENTS LLC (as defined below). The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to persons under age 18. By accessing and using the Site, you accept and agree to, without qualification, these Terms of Use and represent and warrant that you have the authority to be bound by the Use to these Terms of Use. If you do not accept and agree to these Terms of Use without qualification, you should exit the Site immediately.
The information on this website is provided for informational purposes only and is subject to change without notice. This website is not an offer to, or solicitation of, any potential clients or investors for the provision by QTRON INVESTMENTS of investment management, advisory, or any other related services. No material on this website constitutes investment advice.
Your use of this web site and the features at this site are subject to these Terms of Use, which we may update from time to time. Please read these Terms of Use carefully before using this site. By accessing this site in any way, using any information, and/or submitting information to QTRON INVESTMENTS, you agree to and are bound by the terms, conditions, policies and notices contained on this page. If you do not agree to be bound by and subject to these Terms of Use, you are not permitted to use or access the site.
WE MAY CHANGE THESE TERMS OF USE AND THE PRIVACY POLICY AT ANY TIME BY POSTING THE UPDATED VERSION ON THE APPLICABLE SITE. BY USING THE SITE AFTER ANY SUCH UPDATE HAS BEEN POSTED, YOU ARE AGREEING TO THE TERMS OF SUCH UPDATED VERSION. WE ENCOURAGE YOU TO REVIEW THESE TERMS OF USE AND THE PRIVACY POLICY REGULARLY.
THE SITE
QTRON INVESTMENTS LLC and/or its respective affiliated entities (collectively, “QTRON INVESTMENTS”) provide, through use of their Web site, www.qtroninvestments.com (the “Site”), information regarding QTRON INVESTMENTS’s investment advisory business. This Site is owned and operated by QTRON INVESTMENTS and is being provided to you under the following terms and conditions and any operating rules, policies, and procedures that may be published from time to time on this Site by QTRON INVESTMENTS (collectively, the “Terms of Use”).
These Terms of Use govern visitors’ (“Visitors”) access to and use of the public areas of the Site that are available to all Visitors (“Public Areas”). In addition to the Public Areas of the Site, these Terms of Use also govern investors’ and/or other visitors to the Site for whom QTRON INVESTMENTS provides login credentials (each, a “Registrant” and collectively with Visitors, “Users”) access to and use of certain non-public restricted areas of the Site (the “Restricted Areas”). Only Registrants may access the Restricted Areas of the Site. Unless otherwise indicated, the term “Site” as used throughout these Terms of Use shall include the Public Areas and the Restricted Areas. For the purposes of these Terms of Use, “you” or “your” shall refer to you as a Visitor to or Registrant of this Site.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Site is for your personal and non-commercial use. QTRON INVESTMENTS hereby grants you a non-exclusive, non-transferable and limited personal license to access and use the Site, conditioned on your continued compliance with these Terms of Use. You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site. You may not link other websites to the Site without QTRON INVESTMENTS’s prior written permission. You may print one hard copy of the information and download one temporary copy of the information into one single computer’s memory solely for your own personal, non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact.
All information in the Restricted Areas of the Site is confidential and private and you may not disclose or distribute such information to any other person for any purpose. Such information is made available solely for your personal use in connection with your current or potential investment activities.
You are prohibited from using the Site to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of QTRON INVESTMENTS. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures that we may use to prevent or restrict access to the Site. You shall not, directly or indirectly, reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site. Any special rules for the use of certain software and other content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. Any rights not expressly granted herein are reserved.
Unauthorized access to and/or use of the Site, or to the telecommunications or computer a facility used to deliver the Site, is a breach of these Terms of Use and is a violation of law.
NON-EUROPEAN INVESTORS
Registering to access and/or accessing the Site and the information that it contains constitutes a request by you, at your initiative, to be provided with information about the funds referenced on this website (the “Funds”). QTRON INVESTMENTS does not intend to actively market any Funds to investors in the European Union or the European Economic Area and, therefore, QTRON INVESTMENTS (and its affiliates) are outside the scope of the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) (the “AIFMD”) and are not subject to the requirements of the AIFMD. If you are a prospective investor located in, or have your registered office in, the European Union or the European Economic Area, as a condition to your use of this Site, you represent that you acknowledge and understand that the information contained on this Site may not include information that QTRON INVESTMENTS would have been required to provide to you, or to otherwise make public, had either QTRON INVESTMENTS been required to comply with the AIFMD, and QTRON INVESTMENTS may not provide to you such information or sales materials which would otherwise have been required by the AIFMD.
REGISTRATION INFORMATION
Any and all investors currently holding interests in investment vehicles managed by QTRON INVESTMENTS can be provided login credentials by QTRON INVESTMENTS to access the Restricted Areas of the Site. In addition to investors, certain Visitors may request access to the Restricted Areas of the Site by completing and submitting to QTRON INVESTMENTS a prospective user questionnaire. When you submit the questionnaire, you will be required to provide QTRON INVESTMENTS with the following information: your name, complete address information, e-mail address, and telephone numbers.
In order to use the Restricted Area, a Registrant must: (a) provide certain current, complete, and accurate information about the Registrant on the questionnaire and otherwise; (b) maintain and update such Registrant information as required to keep information current, complete, and accurate; (c) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; (d) provide for the Registrant’s own access to the Web; and (e) pay any telephone, data, hosting or other service fees associated with such access. QTRON INVESTMENTS reserves the right to decline to provide you with access, or to terminate your access, to any Restricted Areas if QTRON INVESTMENTS learns that you have provided it with false, misleading or inaccurate registration information on the questionnaire, and otherwise at any time and for any reason, in QTRON INVESTMENTS’s sole and absolute discretion.
REGISTRANT LOGIN CREDENTIALS
Access to and use of the Restricted Areas is through certain login credentials, which include a combination of your username and a password that QTRON INVESTMENTS provides to you as an investor, client and/or other Visitor of the Site following its review of your questionnaire and its approval of your access to the Restricted Areas, which approval may be granted or withheld by QTRON INVESTMENTS in its sole and absolute discretion.
You are responsible for maintaining the confidentiality of your username and passwords. You are entirely responsible for any and all activities which occur under your username and password whether or not authorized by you. Although QTRON INVESTMENTS will not be liable for losses caused by any unauthorized use of Registrant’s account, Registrants may be liable for the losses of QTRON INVESTMENTS or others due to such unauthorized use.
You may not allow others to use your username or password to access or use any part of the Site. If you know or believe that your username and/or password has been compromised for any reason, you should contact QTRON INVESTMENTS immediately to request new login credentials. If you provide your username and password to any third party, you will be solely responsible for any actions taken by such third party using your username and password.
NO SECURITIES OFFERING OR INVESTMENT ADVICE
UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY QTRON INVESTMENTS OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY QTRON INVESTMENTS.
The materials, content and information available on the Site are for general information purposes only and do not constitute any investment advice or advertisement or an offer to sell or a solicitation of an offer to purchase any share/interest in any investment vehicles. Any such offerings of securities may only be made only by prospectus or private offering memoranda by persons who are registered, or not required to be registered as broker-dealers or agents in the particular jurisdiction, and in accordance with applicable law, including, without limitation, the Securities Act of 1933, as amended. The Site is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
The information on the Site provided on a confidential basis. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The information in the Site should not be construed as QTRON INVESTMENTS’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Site, and QTRON INVESTMENTS urges you to make sure that you understand these risks before relying on, using or retrieving any information on the Site. You should evaluate the information made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information. The material available on the Site has been prepared from original sources and data believed to be reliable. However no representations are made as to the accuracy or completeness thereof, and it is subject to change without notice. Any investment in any privately offered investment product involves a high degree of risk and is suitable only for sophisticated investors.
QTRON INVESTMENTS’s businesses are not designed or intended to replace any services provided by their respective clients’ other legal, tax and financial advisors. Clients of QTRON INVESTMENTS, any investors holding interests in investment vehicles managed by QTRON INVESTMENTS, or other Visitors or Registered Users of the Site must rely entirely on their own advisors as to legal, tax, financial or other matters relevant to the suitability of any investment.
You acknowledge that any of your requests for information are unsolicited and any information provided or made available by QTRON INVESTMENTS shall neither constitute nor be construed as investment advice from QTRON INVESTMENTS to you or to form an investment advisory relationship, or any other client relationship between you and QTRON INVESTMENTS or any of its affiliates or employees. QTRON INVESTMENTS strongly recommends that you seek outside advice from a qualified securities professional. QTRON INVESTMENTS does not guarantee the suitability or potential value of any particular investment or information source. Clients of QTRON INVESTMENTS may from time to time be invested or otherwise hold an interest in companies or securities that may be discussed on the Site.
FORWARD LOOKING STATEMENTS
THE SITE MAY INCLUDE FORWARD LOOKING STATEMENTS THAT INVOLVE RISKS AND UNCERTAINTIES CONCERNING THE OPERATIONS, PROSPECTS, STRATEGIES, FINANCIAL CONDITION AND FUTURE ECONOMIC PERFORMANCE OF QTRON INVESTMENTS’S BUSINESSES, AND OF THE FUNDS AND/OR OTHER INVESTMENT VEHICLES MANAGED BY QTRON INVESTMENTS AS WELL AS QTRON INVESTMENTS’S INTENTIONS, PLANS AND OBJECTIVES, THAT ARE BEYOND THE CONTROL OF QTRON INVESTMENTS. THESE STATEMENTS ARE BASED UPON A NUMBER OF ASSUMPTIONS AND ESTIMATES WHICH ARE SUBJECT TO SIGNIFICANT UNCERTAINTIES, MANY OF WHICH ARE BEYOND THE CONTROL OF QTRON INVESTMENTS. WHEN USED ON THE SITE, WORDS LIKE “ANTICIPATES,” “EXPECTS,” “BELIEVES,” “ESTIMATES,” “SEEKS,” “PLANS,” “INTENDS,” “WILL” AND SIMILAR EXPRESSIONS ARE INTENDED TO IDENTIFY FORWARD-LOOKING STATEMENTS DESIGNED TO FALL WITHIN SECURITIES LAW SAFE HARBORS FOR FORWARD-LOOKING STATEMENTS. THE SITE AND THE INFORMATION CONTAINED HEREIN DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF AN OFFER FOR SALE OF ANY SECURITIES. NONE OF THE INFORMATION CONTAINED HEREIN IS INTENDED TO BE, AND SHALL NOT BE DEEMED TO BE, INCORPORATED INTO ANY OF OUR SECURITIES OFFERING MATERIALS, SECURITIES FILINGS OR DOCUMENTS.
PERFORMANCE DATA
ANY PERFORMANCE DATA EXPRESSED ON THE SITE IS AN INDICATION OF PAST PERFORMANCE AND DOES NOT INDICATE OR GUARANTEE FUTURE RESULTS. THERE IS A POSSIBILITY OF LOSS ON ALL INVESTMENTS AND INVESTOR PRINCIPAL IS NOT GUARANTEED. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE, WHICH MAY BE SIGNIFICANTLY AFFECTED BY CHANGES IN ECONOMIC AND OTHER CONDITIONS.
NO RELIANCE
While QTRON INVESTMENTS uses reasonable efforts to update the information contained in the Site, QTRON INVESTMENTS makes no representations or warranties as to the accuracy, reliability or completeness of any information, QTRON INVESTMENTS Content, or User content, at or on the Site. Any content of the Site is subject to change without notice.
TRUTHFUL INFORMATION
As a condition to your use of the Site, you represent and warrant to, and agree with, QTRON INVESTMENTS that, all information, including, without limitation, any information provided on the prospective user questionnaire, that you provide to QTRON INVESTMENTS shall be truthful, accurate and complete.
DISCLAIMERS AND LIMITATION OF LIABILITY
QTRON INVESTMENTS AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, QTRON INVESTMENTS CONTENT, OR USER CONTENT AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE.
THE INFORMATION, SOFTWARE AND/OR SERVICES MADE AVAILABLE ON OR THROUGH THE USE OF THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY QTRON INVESTMENTS OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE AND SERVICES.
THE USE OF THE SITE IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. QTRON INVESTMENTS AND/OR ITS THIRD PARTY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS. QTRON INVESTMENTS AND/OR ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE USE OF THIS SITE FOR ANY PURPOSE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. QTRON INVESTMENTS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITE. IN NO EVENT SHALL QTRON INVESTMENTS AND/OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF QTRON INVESTMENTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
QTRON INVESTMENTS AND ANY PERSON CREATING, MAKING AVAILABLE OR TRANSMITTING THE INFORMATION ON THE SITE SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH INFORMATION. IF YOU ARE DISSATISFIED WITH THE INFORMATION, PRODUCTS OR SERVICES OFFERED AT THE SITE OR WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE SITE.
OWNERSHIP OF CONTENT
The Site and all of its content, including but not limited to all text, graphics, photographs, charts, audio, logos, trademarks, service marks, images, data compilations, icons, code and software, digitally downloadable files, product and program names, slogans, and the compilation of the foregoing, including without limitation the name or logo of QTRON INVESTMENTS (“Content”), are the property of QTRON INVESTMENTS and are protected by U.S. and international copyright and other intellectual property and related laws, rules and regulations, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Site are proprietary to QTRON INVESTMENTS, including all registered and unregistered trademarks and service marks of QTRON INVESTMENTS. If the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or reproduce QTRON INVESTMENTS Content contained in the site. No act of downloading or otherwise copying from this site will transfer title to any software or material to any user hereof. You may not use the trademarks displayed on the Site. Your use of any Content, whether owned by QTRON INVESTMENTS or any third party, without QTRON INVESTMENTS’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of QTRON INVESTMENTS’s copyrighted material or trademarks for any purpose without the prior written permission of QTRON INVESTMENTS.
QTRON INVESTMENTS grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site without prior express written permission from QTRON INVESTMENTS which may be withheld for any or no reason. You further agree not to download, display or use any QTRON INVESTMENTS Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of QTRON INVESTMENTS, in any other manner that is likely to cause confusion among consumers, that disparages or discredits QTRON INVESTMENTS and/or its licensors, that dilutes the strength of QTRON INVESTMENTS or its licensor’s property, or that otherwise infringes QTRON INVESTMENTS or its licensors’ intellectual property rights. You further agree to in no other way misuse any QTRON INVESTMENTS Content or third party content that appears on this Site.
COPYRIGHT INFRINGEMENT
QTRON INVESTMENTS does not permit infringing copyright activities and other infringement of intellectual property rights on its site, and QTRON INVESTMENTS will remove Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content made available on the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact QTRON INVESTMENTS to send notifications of claimed infringement. Feedback, comments, requests for technical support, and other communications should be directed to QTRON INVESTMENTS’s customer service through the Contact area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
PROHIBITED USES
In addition to the other limitations discussed in these Terms of Use, because all servers have limited capacity and are used by many people, the following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; (g) you may not use the Site in any manner that could damage or overburden any QTRON INVESTMENTS server, or any network connected to any QTRON INVESTMENTS server; (h) you may not use the Site in any manner that would interfere with any other party’s use of the Site; and (i) you may not use, transfer, distribute or dispose of any information contained in the Site in any manner that could compete with the business of QTRON INVESTMENTS.
PRIVACY
To the extent that QTRON INVESTMENTS collects any information from Users of the Site, the collection and use of such information is governed by QTRON INVESTMENTS’s Site Privacy Policy, which you should read before providing any such information to QTRON INVESTMENTS.
NO UNLAWFUL OR PROHIBITED USE
As a condition to your use of the Site, you represent and warrant to, and agree with, QTRON INVESTMENTS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company on the Site are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of QTRON INVESTMENTS or that QTRON INVESTMENTS endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of QTRON INVESTMENTS.
LINKS TO THIRD PARTY WEBSITES
The Site may contain hyperlinks to websites operated by parties other than QTRON INVESTMENTS, which QTRON INVESTMENTS may not have been screened or reviewed and which may contain inaccurate, inappropriate or offensive material, products or services. QTRON INVESTMENTS does not control such websites, and QTRON INVESTMENTS assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. QTRON INVESTMENTS’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
MODIFICATION AND MONITORING OF SITE
You will be required to accept these Terms of Use each time that you use the Site. QTRON INVESTMENTS may, at its discretion, change, modify, add or remove portions of these Terms of Use at any time without notice to you. We suggest that you check these Terms of Use periodically for changes. These Terms of Use can be accessed from the link at the bottom of each page. If you use the Site after we post changes to these Terms of Use, you accept the changed Terms of Use. QTRON INVESTMENTS expressly reserves the right to monitor any and all use of the Site.
QTRON INVESTMENTS has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason. QTRON INVESTMENTS may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
TERMINATION AND CANCELLATION
QTRON INVESTMENTS may modify or terminate the Site and terminate your access to the Site, without notice at any time and for any reason.
NO OFFER OF EMPLOYMENT
The Site does not constitute an offer or promise of employment with respect to any employment position described on this Site. Without notice, QTRON INVESTMENTS may eliminate, modify or change any aspects of any employment position described on the Site. This Site does not provide binding employment offers or any terms or conditions of employment. Any employment offer that may ensue as a result of your submission of information to QTRON INVESTMENTS shall be solely in accordance with the specific terms of such employment offer, not the terms of the Site.
INDEMNITY
You agree, at your own expense, to indemnify, defend and hold harmless QTRON INVESTMENTS, its owners, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, distributors, service providers, contractors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the Site or any product or service related thereto, or any of your other acts or omissions.
IN NO EVENT SHALL QTRON INVESTMENTS OR ITS OWNERS, OFFICERS, PARTNERS, MANAGERS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, LOST PROFITS OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO ACCESS AND/OR USE THE SITE OR WITH ANY DELAY IN USING THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING, PROFITS, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, USE, OPPORTUNITY OR DATA; QTRON INVESTMENTS CONTENT, USER CONTENT, OR ANY OTHER INFORMATION AND MATERIALS CONTAINED ON OR OBTAINED THROUGH THE SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO AND/OR USE OF THE SITE; NOR SHALL QTRON INVESTMENTS OR ITS OWNERS, OFFICERS, PARTNERS, MANAGERS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND QTRON INVESTMENTS’s REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES.
APPLICABLE LAW AND JURISDICTION
Unless otherwise specified, QTRON INVESTMENTS controls and operates the Site from its offices within the United States of America.
QTRON INVESTMENTS does not claim that materials in the Site are appropriate or available for use in locations other than those within the United States. If you choose to access the Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Software from the Site and any data included on the Site is further subject to United States export controls. Software and data from the Site may not be downloaded or otherwise exported or re-exported outside the United States. By downloading or using such software or data, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.
These Terms of Use are governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of the State and Federal courts in Boston, Massachusetts, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Site or any product or service related thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
GENERAL
You agree that no joint venture, partnership, employment or agency relationship exists between you and QTRON INVESTMENTS as a result of these Terms of Use or use of the Site.
QTRON INVESTMENTS’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use is in derogation of QTRON INVESTMENTS’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by QTRON INVESTMENTS with respect to such use.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
By reviewing or using the information on the Site after accessing the Site, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the information on the Site in a manner consistent with applicable laws and regulations and in accordance with these Terms of Use, as QTRON INVESTMENTS may amend them online or otherwise from time to time. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use constitute the entire agreement between you and QTRON INVESTMENTS with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and QTRON INVESTMENTS with respect to the Site. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth.
You shall not assign or otherwise transfer these Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without QTRON INVESTMENTS’s prior written consent. Any attempted transfer or delegation by you without QTRON INVESTMENTS’s consent will be void. These Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns.
You agree to be bound by any agreement or consent you transmit to or through the Site via any media or electronic device, including internet, telephone and wireless devices.
Last updated August 15th, 2016