Terms of Use

INTRODUCTION

Welcome to https://www.quantfinsoft.com. This website is owned and operated by QuantFinSoft, Inc. (hereinafter "QFS", "Our", "Us" or "We"). By visiting our website and accessing and/or ordering the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as "TERMS OF USE'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy section below for more information).

This website, all products and services are available in English and English only.

Dates and Times are in US Format (Ex: mm/dd/yyyy). Time is in universal co-ordinated time (UTC) unless otherwise specified.

We reserve the right to change this "TERMS OF USE" from time to time without notice. We will make a reasonable effort, but are under no obligation to send advance notifications of material and/or material changes to this "TERMS OF USE" to customers who subscribe to QFS Products. You acknowledge and agree that it is your responsibility to review this "TERMS OF USE" periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement and agreement to the modified terms and conditions.

RESPONSIBLE USE AND CONDUCT

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly, either paid or free (hereafter referred to as "Resources"), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms of Use, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand and agree that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. You hereby indemnify QFS from any unauthorized access to your account and any resulting damages that you may incur as a result of such unauthorized access.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, such consequence may include criminal and civil liability.

g. We may provide various open communication tools on our website, including, but not limited to: blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, and various social media services. You understand that we may or may not pre-screen or monitor the content posted by users of these various communication tools. If you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii. Contains any type of unauthorized or unsolicited advertising;

iv. Impersonates any person or entity, including any https://www.quantfinsoft.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this "TERMS OF USE", along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us for said removal

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of QuantFinSoft, Inc, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless QuantFinSoft, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this "TERMS OF USE" or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this "TERMS OF USE". In such event, you shall provide us with such cooperation as is reasonably requested by us.

PRIVACY

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this "TERMS OF USE". To read our privacy policy in its entirety, also the Privacy Policy is available at:

https://www.quantfinsoft.com/PrivacyPolicy.aspx

LIMITATION OF WARRANTIES

By using our website and products, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

i. the use of our Resources will meet your needs or requirements.

ii. the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii. the information obtained by using our Resources will be accurate or reliable, and

iv. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v. While QFS takes reasonable precautions to make sure that QFS software products and website are free of viruses and malware, any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. QFS recommends you scan any downloaded files with a good and current anti-virus software and use good and current internet security software while browsing the QFS website.

vi. No information or advice, whether expressed, implied, oral or written, obtained by you from QuantFinSoft, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this "TERMS OF USE", "EULA", "Privacy Policy" and "Sales Tax Policy".

LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. QuantFinSoft, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our websites, products and/or Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

DISCLAIMERS ON FINANCIAL RISKS AND LOSSES

QFS Products and services are not intended for everyone

QFS products and services are intended for experienced traders and/or investors who are also comfortable using computers and software with very minimal support/help. Review QFS products, services and support materials to see if you can understand and use with little support. Cancel the subscription if you are unable to use the products. Full refunds will be made for subscription payments that are cancelled within the refund period for the most recent payment. Refund period will be displayed in product description pages.

QFS is not responsible for financial losses

You are solely responsible for any financial trading or investment losses/gains you incur as a result of using QFS Software and related resources and tools. If you share any information with others and they incur financial losses for acting on the results of QFS software, related resources or tools, QFS is not responsible for these losses. Anyone using QFS Software (either directly or indirectly) to make investment/trading decisions does so at their sole discretion.

You can lose significant amount of money trading and/or investing

Trading/Investing is risky. Short positions and Futures and other leveraged instruments can be more dangerous and you can lose more than your account value. If you choose to use QFS Software and other QFS resources to invest/trade either with leveraged or non-leveraged instruments, you agree that you understand these risks and consequences.

No investment/trading advice is provided with any QFS software and other Resources (like website, blogs, forums, email etc.)

While QFS software and Resources may use stocks, options and other instruments to demonstrate the working of the software or which instruments are better suited for the models, these should not be construed as investment/trading advice. You are solely responsible for deciding which financial securities or instruments to use.

No fitness for purpose is promised with QFS software and/or Resources

QFS Software and/or Resources are intended to be research and educational tools, but we do not guarantee that they will serve those needs or any other. We hope to provide you with financial models but do not guarantee that it will be useful for any purpose. You use it at your sole discretion.

Backtesting and other hypothetical testing/analyses are not indicative of actual results

QFS Software may use backtesting and other time series analyses to indicate potential profit and losses that could be incurred. Please be aware that there are significant differences between actual trading and backtesting and you may not realize the profitability of any backtested models. QFS Software should be treated ONLY as educational and research tool. Any backtesting results should be treated as output of such hypothetical cases with the knowledge that actual trading/investing is more likely to be significantly different.

QuantFinSoft, Inc. has little or no experience in trading actual accounts.

QuantFinSoft, Inc. is a software development company. We have *not* traded/invested actual money with these models and may or may not do so in the future.

Potential adverse positions

QuantFinSoft, Inc. and its employees, subsidiaries or partners may or may not own shares of, or may have shorted, securities that are mentioned in QFS Software and Resources (like blogs, training videos, website, email etc.)

Indemnification

You agree to indemnify QFS, its directors, employees, affiliates, its parent and subsidiaries against any lawsuits from third parties and anyone who indirectly uses QFS Software product and its results

COPYRIGHTS/TRADEMARKS

Certain names, graphics, logos, icons, designs, words, titles or phrases, code, images on QFS websites may constitute copyrights, trade names, trademarks or service marks owned by us or our affiliate(s) or subsidiaries and may be protected by applicable copyright and trademark laws. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copy laws and could subject the copier to legal action. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by QuantFinSoft, Inc. in writing.

LINKS TO OTHER SITES

We may provide links to other web sites. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications do not imply our endorsement or approval of such websites, products, services or publications. You acknowledge and agree that QFS is not responsible for the availability of such external sites, and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites.

USE OF THE SITE/INDEMNIFICATION

You undertake:

i. not to use the Content for any unlawful purpose;

ii. that you shall not make any use of the Site such that the whole or part of the Site is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Site is in any way impaired;

iii. not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.

TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this "TERMS OF USE". Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

GOVERNING LAW

QFS is incorporated in Delaware. The website quantfinsoft.com can be accessed by most countries around the world. As each country has laws that may differ from those of Delaware, by accessing our website, you agree that the statutes and laws of Delaware, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this "TERMS OF USE" shall be brought in the federal or state courts located in Delaware, USA. Through your continued use of the QFS website you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

EXPORT RESTRICTIONS

QFS website, products and Resources are not available in any country/region or to any persons/entities which are under export restrictions by the United States. This includes the Embargoed Countries list and Prohibited end user/end use cases described by the US Department of Commerce and maintained on their websites.

Therefore, by using QFS website or Resources and/or purchasing/subscribing to any products, you are representing you are not in these lists. QFS may immediately terminate or otherwise make inactive any subscriptions that it comes to know of is in violation of such export restrictions.

GUARANTEE

UNLESS OTHERWISE EXPRESSED, QuantFinSoft, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SEVERABILITY

If any provision of this "TERMS OF USE" is held invalid, unenforceable, or void by a court of competent jurisdiction, this "TERMS OF USE" shall be considered divisible as to such provision, and the remainder of the "TERMS OF USE" shall be valid and binding as though such provision were not included in this "TERMS OF USE".

CONTACT

If you have any questions or comments about these our Terms of Use as outlined above, you can contact us at:
Email: Info@QuantFinSoft.com
Mail: QuantFinSoft, Inc.
9 E Loockerman St. Suite 202-533
Dover, DE 19901
USA

EFFECTIVE DATE: January 3rd, 2017

Version: 1.1.0



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