Terms of Service

 

TERMS OF USE AND IMPORTANT INFORMATION

PRIVACY POLICY

Welcome to QI Research .  The following contains important disclaimers and terms and conditions all of which you agree to be bound.  We encourage you to review this information carefully and ask any questions you might have.

We are a publisher of impersonal investment research through various research publications (“Research”) including through website (the “Site”) and other media.  As such, we are not registered as an investment adviser either with the U.S. Securities and Exchange Commission (the “SEC”) or with any state securities regulatory authority. Any reference to “Quill,” “we,” “us” or “our” below shall be construed to mean QI Research and its officers, owners, affiliates, employees, and other agents.  Any references to “Research,” “Site,” and “Content” each refer our research publications and related content that we publish to our subscribers through our web site and other media.

1.     LIABILITY LIMITATIONS AND OTHER IMPORTANT DISCLAIMERS

The data, analysis, and other content contained in our Research and Site are provided “as is” and “as available” without warranty of any kind, either expressed or implied. Neither Quill nor any third-party data provider shall have any liability for any loss sustained by anyone who has relied on the information contained in any Research.

QUILL DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE INFORMATION. Quill’s past recommendations and model results are not a guarantee of future results.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.

We further assume no responsibility, and make no warranties, that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. We and our affiliates shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of the Site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall we be liable for any special or consequential damages that result from the use of, or the inability to use, the Research or the Site, even if we have been advised of the possibility of such damages. In no event will we have any liability to you for damages, losses and claims or causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) for accessing or using the Research or Site.

You agree to defend, indemnify, and hold harmless Quill and our respective attorneys, licensors, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from use of the Research or Site by you, your users, or anyone you allowed to obtain your credentials, any actions taken or decisions made based on the Research or information available or through the Site, and any breach by you or your users of these Terms of Use and Important Information or other improper act or omission.

The Research reflects facts, data, and our opinions as of the date each communication and may not be a complete description of any investment product, service, or strategy, and will not necessarily be updated as views or information change. The Research published by Quill is based on sources we believe to be reliable but is not guaranteed as being accurate and does not purport to be a complete statement or summary of available data. All opinions expressed herein are subject to change without notice. We may have long or short positions in the securities discussed in our Research and may purchase or sell such securities without notice and inconsistent with views and opinions reflected in our Research.

We reserve the right to make unavailable at any time the research, this site or the content.

Using any graph, chart, formula or other device to assist in deciding which securities to trade or when to trade them presents many difficulties and their effectiveness has significant limitations, including that prior patterns may not repeat themselves continuously or on any particular occasion. In addition, market participants using such devices can impact the market in a way that changes the effectiveness of such device.

You agree that using any of Quill’s publications, services, products, software and content is entirely at your own risk. We are not a registered investment adviser or a broker dealer and we do not provide any personalized investment advice. You acknowledge that Quill does not provide tax, legal, or investment advice, and you will obtain such advice from professionals before making any decisions based on the Research.  You assume full responsibility for your trading and investment decisions, including any and all losses, and you agree that Quill is not responsible or liable for your trading and investment results.

You understand and acknowledge that there is a very high degree of risk involved in investing, buying, selling or trading securities or other investment products. Past performance is not a guarantee, nor is it necessarily indicative, of future results.  No representation is made that any investor will or is likely to achieve the objectives described in the Research or on the Site, or that any investment strategy or risk management will be successful or that any investor will or is likely to achieve results comparable to any shown or will make any profit or will be able to avoid incurring losses.

Any trading strategies, recommendations, indicators, articles, and all other features of our Research are provided for informational and educational purposes only and should not be construed as investment advice designed for your particular needs. You agree you do not and will not rely on Quill in making any investment decision. Rather, Quill is a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments, and unless you are an investment professional, you will agree to engage an investment professional to advice you prior to making any investment decisions based on our Research.

Nothing in our Research or on the Site is intended to be, nor should it be construed or used as, legal or tax advice, be an opinion of the appropriateness or suitability of any investment, or intended to be an offer, or the solicitation of any offer, to buy or sell any security, option or financial instrument. Before making any investment, you should thoroughly review the particular investments with your financial, legal and tax advisor to determine whether such an investment is suitable for you in light of your investment objectives, financial circumstances and tax situation.

Any assumptions, assessments, statements or the like (“statements”) regarding future events or that are forward-looking constitute only subjective views, outlooks, estimations or intentions, are based upon the author’s or source’s expectations, intentions or beliefs, should not be relied on, are subject to change due to a variety of factors, including fluctuating market conditions, and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond Quill’s control. Such risks and uncertainties include, without limitation, the adverse effect from a decline in the securities markets, a general downturn in the economy, competition from other companies, changes in governmental policy or regulation, inability to attract or retain key employees, or inability to implement our strategies. Future evidence and actual results could differ materially from those set forth in, contemplated by, or underlying these statements. In light of these risks and uncertainties, there can be no assurance and no representation is given that these statements are now or will prove to be accurate or complete in any way.

2.     LINKS TO THIRD PARTY SITES

We may permit users to have access, through hypertext or other computer links, from the Site to web sites operated by persons other than us. In such cases, such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites’ owners. You agree that we are not responsible for the content or operation of such web sites, and that we shall have no liability to you or any other person or entity for the use of, or inability to use, any third party web sites. A hyperlink from the Site to another web site does not imply or mean that we endorse or approve the content on that web site or the operator or operations of that web site. You are solely responsible for determining the extent to which you may use or rely upon any content at any other web sites to which you link from the Site. We are not responsible for the privacy practices or the content, security or policies, including privacy policies, of any other web site that is linked or linking to the Site.

Accordingly, Quill expressly disclaim any liability or responsibility for the content or services of any web site owned by a third party that may be linked to the Site, whether such link is contained on the Site or provided by a third party. No judgment, representation or warranty, express or implied, is made with respect to the accuracy, timeliness, or suitability of the content or services of any web site to which the Site may link, including information on such web site regarding us, and we take no responsibility therefore. If we provide access to other web sites, we are not recommending or endorsing the purchase or sale of any security issued by, or financial or other services provided, issued or endorsed by, such web site’s sponsoring organization or its affiliates or such web site’s advertisers. Your use of such third party sites is at your own risk based upon such due diligence as you have determined is appropriate. We shall not be responsible for any loss or damage of any sort incurred as a result of any dealings you may have with respect to such third party or third-party web sites or as the result of the presence of any links to such third party web sites.

3.     JURISDICTIONS THAT PROHIBIT OUR PRODUCTS OR SERVICES

Not all products or services offered by quill are available or offered in all jurisdictions.  The information, products and services described on this site are not intended for distribution to, or use by, and are in particular not directed to, any person or entity in any jurisdiction or country where (by reason of that person’s nationality, residence or otherwise) such distribution or use would be prohibited or contrary to any law or regulation or would obligate us to comply with any additional law, regulation, registration or similar requirement within such jurisdiction or country. Persons covered by such prohibitions agree not to access our site.

4.     LICENSE AND BILLING

OUR RESEARCH, THE SITE, AND ITS CONTENT ARE OUR PROPERTY AND/OR BELONG TO OUR VENDORS, DATA PROVIDERS AND/OR OTHER THIRD-PARTY SOURCES, AND IS PROTECTED BY COPYRIGHT, TRADE SECRET AND OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.

The Research and the Site and the data, information, products, materials, services and other content available on or through the Research and Site (collectively, the “Content”) is proprietary (and confidential, to the extent such Content is password-protected) to Quill, its vendors and service providers, any persons specifically authorized by these parties and other third parties and is protected by copyright, trade secret and other related proprietary rights, including U.S. and international copyright and trademark laws and treaties. You agree to not copy for non-personal use, publish, disclose or otherwise distribute the information contained herein to third parties without receiving prior written consent from Quill, except that you may, as part of and in the ordinary course of your business, create, provide and distribute to internal sales teams (orally, in writing, electronically or otherwise) information, reports, presentations and other publications which utilize limited and insignificant excerpts of the Research or Content without the prior written consent from Quill and without payment of any additional fee, provided that appropriate references are made to the copyright of Quill on or near each such excerpt.

The Content is provided by us as a service to you. In order to access and use the Content, you are granted a limited, nonexclusive, revocable and nontransferable license to use the Content conditioned on your continued compliance with these Terms of Use and Important Information and the other terms of your subscription agreement.

You may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use, in any medium, any information, products, services or material obtained from our Content, except you may, for your sole personal use and information, access, use and store the Content or any portion thereof solely for your own personal, and not commercial, purposes. Any personal copy of the information contained in our Research or on the Site shall retain all copyright and other such notices.

As a further condition of use of the Content, you warrant to us that you will not use the Content for any purpose that is unlawful or prohibited by these Terms of Use and Important Information and you will comply with any applicable local, state, national, or international laws or regulations when using the Consent. You are prohibited from violating or attempting to violate the security of our Research or the Site. You may not create a third-party link to the Site without prior written consent from Quill.

Nothing in the Content shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark in the Content. No act of downloading, storing, accessing, using, or otherwise copying from the Content will transfer title to any software or material of the Content to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the Content to a human-perceivable form. Anything that you transmit to the Site or otherwise to us becomes our property, may be used by us for any lawful purpose (subject to any further agreement between us and you), and is further subject to disclosure as deemed appropriate by us, including to any legal or regulatory authority to which we are subject. We reserve all rights with respect to copyright and trademark ownership of all the Content, and will enforce such rights to the full extent of the law.

You will be billed in advance for the requested term of the license according to your subscription agreement.  The fee is non-refundable.   Your subscription will be auto renewed at the end of the term unless canceled prior to the termination date; however, we can terminate the service if you fail to pay the renewal fee.  We will make reasonable efforts to provide a renewal notice/invoice with updated pricing at least thirty (30) days prior to the end of each term.

5.     PRIVACY POLICY

This privacy notice discloses the privacy practices for QI Research. It will notify you of the following

  1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
  2. What choices are available to you regarding the use of your data.
  3. The security procedures in place to protect the misuse of your information.
  4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on the Site. The information we collect includes your name, address, email, occupation and activity on the site and in emails.  We only have access to and collect information that you voluntarily give us via registration and through tracking tools used on the website and emails. We will not sell or rent this information to anyone. We will use your information to respond to you regarding the reason you contacted us. We will not share your information with third parties outside of our organization except that we will share your name and contact information with a third-party firm we have engaged to provide marketing services on our behalf, or as necessary to provide services on your behalf.  Our third-party marketing firm will only use your information in connection with selling and supporting our services.  It has agreed to abide by our privacy policy and will not use your information for any other purpose.

Unless you ask us not to, we may contact you via email in the future to tell you about Site changes or service changes, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.
6.     CONFIDENTIALITY ON INTERNET

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While we have endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed.

Accordingly, we are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.

7.     SECURITY OF SITE AND MONITORING OF USAGE

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For the protection of our business and our clients, we reserve the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site. We will also comply with all lawful court orders and governmental, regulatory and law enforcement requests involving such information.

8.     EVENTS BEYOND OUR CONTROL

You expressly absolve and release Us and Our Affiliates from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist attacks, governmental restrictions, and any other events recognized under the law as Acts of God.

9.     GOVERNING LAW

These Terms of Use and Important Information have been made in and will be construed and enforced in accordance with the laws of the State of Texas without giving effect to the principles of conflicts of laws thereof. Your consent to these Terms of Use and Important Information includes your consent to exclusive jurisdiction and venue in the courts located in the State of Texas. Any action to enforce these Terms of Use and Important Information and/or arising out of or relating to these Terms of Use and Important Information must be brought in the state or federal courts located in Dallas, Texas. Your consent to this jurisdiction is irrevocable. You waive all defenses of lack of jurisdiction, venue, or forum non-conveniens. You agree that your breach of these Terms of Use and Important Information may result in irreparable harm to us which cannot be compensated by money damages, and that we shall be entitled to obtain injunctive relief for any such breach.  In any dispute between us and you, the prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses.

10.  TERM AND TERMINATION

These Terms of Use and Important Information take effect immediately upon your use of the Site, thereby indicating acceptance of these Terms of Use and Important Information, and, at each use of the Site thereafter, you shall be deemed to have reaffirmed your acceptance of these Terms of Use and Important Information. We reserve the right at any time in our sole discretion to deny you or any Site users (“Users”) access to the Site or any portion thereof and to terminate these Terms of Use and Important Information. Termination of access or these Terms of Use and Important Information may be effective without notice.

11.  MISCELLANEOUS

Failure to insist on strict performance of these Terms of Use and Important Information will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms of Use and Important Information will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. References to “you” in the Terms of Use and Important Information shall mean all users of the Site, including all Users.

If any part of these Terms of Use and Important Information is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use and Important Information, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use and Important Information, and, if possible, the then invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision. Any rights not expressly granted herein are reserved.

Quill has the right to amend these Terms of Use and Important Information by modifying or rescinding any of its provisions or by adding new provisions.