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Terms and Conditions of Use
Please
read these terms and conditions carefully. By accessing
this website you are indicating that you have read,
acknowledge and agree to be bound by these terms and
conditions (also referred to as an “agreement” here).
Your agreement shown by accessing and using this website
is as legally binding as if you signed a written
document. If you do not agree to all these terms and
conditions, do not access this website.
QJC & and
its affiliates (referred to as “QJC” or “us” or “we”)
may change these terms and conditions, and you are
responsible for regularly reviewing and complying with
them. Your continued use of this website constitutes
your agreement to all those terms and conditions.
PLEASE
NOTE that this agreement contains important sections
below, including a provision requiring you to litigate
all disputes relating to your use of this website in New
York.
General Information
This
website comprises various websites and pages operated by
QJC and the information contained therein (together, the
"website"). Certain sections of the website may contain
separate terms and conditions, which are in addition to
this agreement. You should read those additional terms
and conditions carefully. By accessing such sections or
pages, you agree to be bound by those additional terms
and conditions. In the event of a conflict, those
additional terms and conditions will govern your use of
those sections or pages.
We may
terminate your access to the website or any part of it
at any time with or without notice, in our sole
discretion.
You may
not attempt to gain unauthorized access to the website,
or computer systems or networks connected to the
website, through hacking, password or data mining, or
any other means to circumvent security procedure. You
may not use bots, spiders or intelligent agent software
(or other methods) for any purpose other than accessing
publicly posted portions of the website and then only as
authorized by the license we provide to you below under
“Proprietary Rights”. Unauthorized use of our website
and systems, including, but not limited to, unauthorized
entry into QJC’s computer networks and systems, or
misuse of password is strictly prohibited. “Unauthorized
use” includes using the publicly available information
for purposes which are (I) not authorized by this
agreement, or (II) not consistent with the license set
out below in the section titled “Proprietary Rights”.
You may
not use the website in any manner that could damage,
disable, overburden, or impair the website or any
service we provide or interfere with any other party’s
use and enjoyment of the website or any service we
provide.
You are to
ensure that any information you provide to us through
the website will be correct and complete.
The
information and materials on the website may contain
errors or inaccuracies, including both typographical and
substantive errors. We reserve the right, in our sole
discretion, without any obligation and without any
notice requirement, to discontinue, change, improve or
correct the information, materials and descriptions on
the website and to suspend or deny access to the website
for scheduled or unscheduled maintenance, upgrades,
improvements or corrections. Any dated information is
published as of its date only, and we have no
responsibility to update or amend any such information.
Disclaimers of Warranty
THE
INFORMATION, PRODUCTS AND SERVICES ON THE WEBSITE ARE
PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE"
BASIS AND ARE USED ONLY AT YOUR SOLE RISK.
WE AND OUR
AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF
ERROR-FREE OR UNINTERRUPTED SERVICES, OR THAT THE
INFORMATION ON THIS WEBSITE WILL MEET YOUR NEEDS OR
EXPECTATIONS.
WE DO NOT
WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS
WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY
TO YOU, INCLUDING REGARDING (I) THE USE OF OR THE
RESULTS OF ACCESS TO THE WEBSITE OR ANY DELAY OR LOSS OF
OR LIMIT ON ACCESS TO OR USE OF THE WEBSITE, OR (II)
SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE
AND HARDWARE IN CONNECTION WITH ANY USE OF THE WEBSITE.
WE SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE
TRANSMISSION THROUGH THE WEBSITE OF A COMPUTER VIRUS, OR
OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE
USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT,
DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY
MANNER THE OPERATION OF THE WEBSITE OR ANY OF YOUR
SOFTWARE, HARDWARE, DATA OR PROPERTY. EXCEPT AS
OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY
FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE
TO ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED
TO, YOUR INTERNET ACCESS PROVIDER.
Limitations of Liability
QJC AND
ITS AGENTS AND LICENSORS SHALL NOT HAVE ANY
RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR
ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES
OR LOST PROFITS OR SAVINGS OR OTHER ECONOMIC HARM YOU
MAY INCUR OR SUFFER (REGARDLESS OF WHETHER SUCH DAMAGES
ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) FROM (I)
YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY RELIANCE BY
YOU ON THE WEBSITE, OR INABILITY TO ACCESS THE WEBSITE,
(II) THE RELIABILITY, ACCURACY, COMPLETENESS OR
TIMELINESS THEREOF, (III) ANY DELAYS OR ERRORS IN THE
TRANSMISSION OR DELIVERY OF ANY INFORMATION OR ANY PART
OF THE WEBSITE, (IV) THE INTERCEPTION OR USE BY THIRD
PARTIES OF ANY INFORMATION YOU PROVIDE TO US, OR (V) ANY
OTHER REASON.
IN ANY
EVENT OUR COMPLETE LIABILITY (AND THAT OF ANY OF OUR
AGENTS OR LICENSORS) TO YOU FOR ANY REASON IN NO EVENT
CUMULATIVELY SHALL TOTAL MORE THAN $500.00.
Notices
Our
notices to you may include notice of important changes
to this agreement. We may send any notice to any address
you provide, including email addresses, so it is
important that all such information you provide to us be
accurate.
Proprietary Rights
All right,
title and interest in the website is the exclusive
property of QJC, except as otherwise stated. You may not
access, modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, frame, create
derivative works from, transfer, or otherwise use in
whole or in part any part of the website, except for the
purposes expressly provided herein, without our prior
written approval. If you download any information or
software from the website, you agree that you will not
remove or obscure any copyright or other notices or
legends contained in any such information.
You have a
limited, personal, non-transferable, non-exclusive
license to view and copy the publicly accessible
information on this website for your personal
noncommercial use, and only on one computer. You are not
permitted to resell or transfer any information obtained
from this website to anyone else. This license can be
terminated by us at any time, at which time you must
destroy all copies of the licensed materials. This
license is conditioned on your continued adherence to
all the terms of this agreement.
QJC, the
QJC logo and other QJC trademarks which appear on the
website are trade names and trademarks of QJC. You may
not use any trademarks for any purpose including, but
not limited to, use as metatags on other sites on the
World Wide Web without the prior written permission of
QJC or the third party which owns the marks.
QJC
respects the intellectual property of others and asks
that our users do the same. It is the policy of QJC to
respond expeditiously to claims of intellectual property
infringement by promptly processing and investigating
notices of alleged infringement and taking appropriate
actions under the Digital Millennium Copyright Act and
other applicable intellectual property laws. If you
believe that your copyrighted work is accessible on the
website in a way that constitutes copyright
infringement, you may notify us by providing our
Copyright Agent with the following information: 1) the
electronic or physical signature of the owner of the
copyright or of the person authorized to act on the
owner’s behalf; 2) identification of the copyrighted
work or other intellectual property that you claim is
being infringed; 3) identification of the material that
you claim is infringing; 4) identification of the URL or
other specific location on the website where the
material that you claim is infringing is located (please
be as specific as possible); 5) your name, address,
telephone number, and email address; 6) a statement by
you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent,
or the law; and 7) a statement by you, made under
penalty of perjury, that the information in your notice
is accurate and that you are the copyright owner or are
authorized to act on the copyright owner’s behalf.
Use of Links
The
website may contain links to and be linked from
third-party websites. These links are provided only as a
convenience and do not imply an affiliation,
sponsorship, endorsement, approval, investigation,
verification or monitoring by QJC of any information
contained in any third-party website. We are not
responsible for the information contained on that site
or your use of or inability to use the website. If you
choose to connect to a third-party website, QJC makes no
warranties, either express or implied, concerning the
content of such site, including the accuracy,
completeness, reliability, or suitability thereof for
any particular purpose, nor does QJC warrant that such
site or content is free from any claims of copyright,
trademark, or other infringement of the rights of third
parties or that such site or content is devoid of
viruses or other contamination. You should also be aware
that the terms and conditions of such site and the
site’s privacy policy may be different from those
applicable to your use of our website.
No
Solicitation
The
information on the website is made available for
informational purposes only. None of the information
contained in the website constitutes a solicitation or
offer by QJC to buy or sell any securities or other
financial instruments or provide any investment advice.
The information on the website is limited to the
dissemination of general information regarding products
and services. The information and services provided on
the website are not provided to and may not be used by
any person or entity in any jurisdiction where the
provision or use thereof would be contrary to applicable
laws, rules or regulations of any governmental authority
or regulatory or self-regulatory organization or
clearing organization or where QJC is not authorized to
provide such information or services. Some products and
services described in the website may not be available
in all jurisdictions or to all clients.
Privacy
QJC
respects your privacy. See the
Privacy Policy for an important description of the
information, including your personal information, we
collect from you, and what we do with it. Your agreement
to these terms and conditions includes an agreement to
our privacy policy.
Indemnification
You hereby
indemnify and hold harmless QJC and its directors,
officers, employees, control persons, vendors, licensors
and agents, from and against any and all claims,
actions, proceedings, losses, liabilities, damages,
costs and expenses (including reasonable attorney’s and
experts’ fees and costs) arising out of or related to (i)
any use or access by you (or on your behalf) of the
website; (ii) any breach by you of any agreements, or
representations and warranties contained in these terms
and conditions, (iii) any access to or use of the
website by you in violation of any rights of QJC or any
third party, including, but not limited to, copyright,
patent, trade secret, trademark, or other intellectual
property rights and publicity and privacy rights, (iv)
any access to or use of the website by you in violation
of any applicable law, rule or regulation, or (v) any
unauthorized access of, or through, the website to any
computer system.
Full and Complete Agreement Regarding Website
These
terms and conditions represent the complete and
exclusive statement of the agreement between you and us
regarding your rights to access and use the website, and
supersedes all prior agreements and representations
(whether written or oral), regarding this subject
matter, except as is otherwise provided herein. This
agreement is in addition to, and does not nullify, any
other agreement between you and QJC governing the
conduct of your relationship with QJC.
Other Terms
No waiver,
modification or amendment of any of these terms and
conditions shall be effective against QJC unless it is
in writing and signed by an authorized official of QJC.
We do not waive any power or right under this agreement
even if we don’t always insist on strict compliance with
any of these terms and conditions, or if we delay or
fail to exercise any power or right given to us in this
agreement.
All rights
and remedies given to QJC in these terms and conditions
are cumulative and not exclusive of any other rights or
remedies which QJC otherwise has at law or equity.
These
terms and conditions shall be binding upon you and your
executors, heirs, successors and assigns.
These
terms and conditions and your rights and obligations
hereunder may not be assigned by you without the prior
written permission of QJC and shall inure to the benefit
of QJC’s successors and assigns whether by merger,
consolidation or otherwise. QJC may assign this
agreement or any of its rights or obligations under
these terms and conditions.
Any cause
of action you may have with respect to your use of the
website must be commenced within one (1) year after the
claim or cause of action arises. If for any reason a
court of competent jurisdiction finds any provision of
these terms and conditions to be unenforceable, that
provision shall be enforced to the maximum extent
permissible so as to effect the intent of these terms
and conditions, and the remainder of these terms and
conditions shall continue in full force and effect. A
printed version of these terms and conditions shall be
admissible in judicial or administrative proceedings.
Choice of Law and Personal Jurisdiction; Jury Trial
This
website is created and controlled by us in the State of
New York, U.S.A. The laws of the State of New York
govern any disputes between you and us arising in
connection with this agreement, without giving effect to
any principles of conflicts of laws.
SOLE AND
EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING
ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN
AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE
COUNTY OF LOS ANGELES, STATE OF NEW YORK AND THE PARTIES
UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY
TRIAL.
I HAVE
READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS. |