The following terms and conditions (together with any Agreement posted by us with respect to any capability, software or service that may be made available through the Site, the "Terms") govern your access to and use of our Web Site located at WorldQuantVRC.com (as further defined below, the "Site" or "Web Site"). The Web Site is made available by Virtual Research Center LLC ("Company" or "we" or "us"). We may change the Terms from time to time, by posting such changes on the Site. BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO THE TERMS. If you do not agree to the Terms, you should not visit or use the Site.
1. Disclaimer: You acknowledge that: (a) we are an affiliate of a global investment management firm which advises only private investment fund clients and does not provide investment advisory or similar services to any other clients; (b) the Web Site is a resource for non-investor audiences; (c) under no circumstances should any information presented here be used or construed as an offer, or solicitation of any offer, or other form of invitation or inducement, to sell or buy any securities or other investments, or to provide advice regarding investments or a recommendation to purchase, sell or hold any security or other investment, or to pursue any investment style or strategy; and (d) we do not give any advice or make any representations through the Site as to whether any security, strategy or investment is suitable to you or will be profitable. ALL CONTENT AND INFORMATION AVAILABLE ON OR THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THE SITE IS INTENDED TO BE, AND YOU SHOULD NOT CONSIDER ANYTHING ON THE SITE TO BE, INVESTMENT, ACCOUNTING, TAX OR LEGAL ADVICE. IF YOU WOULD LIKE INVESTMENT, ACCOUNTING, TAX OR LEGAL ADVICE, YOU SHOULD CONSULT WITH YOUR OWN FINANCIAL ADVISORS, ACCOUNTANTS OR ATTORNEYS REGARDING YOUR INDIVIDUAL CIRCUMSTANCES AND NEEDS.
2. Proprietary Rights. As between you and Company, and except for your Submitted Materials (as defined in Section 7 below), Company owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, text, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site (all of the foregoing are included in the terms the "Site" and the "Web Site"), including any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein or thereto. Your use of the Site does not grant to you ownership of anything you may access on the Site.
3. Limited License. You may access and view the content on the Site on your computer or other internet compatible device, and make limited copies of limited excerpts of the content on the Site for your personal and non-commercial use only.
4. Prohibited Use. Any commercial use or distribution, publishing or exploitation of the Site or of anything on the Site is strictly prohibited unless you have received the express written prior permission of Company and the applicable rights holder.
5. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of the applicable rights holder.
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that (A) the Submitted Materials are original to you and no other party has any rights thereto, or (B) you have the necessary licenses, rights, consents and permissions to use such Submitted Materials, submit them to the Site and agree to the provisions of the Terms applicable to such Submitted Materials, and (C) you will not assert against us (or our designee) any “moral rights” to have the Submitted Materials edited, removed, modified, published, transmitted or displayed in any manner, and (ii) you grant us and our affiliates from time to time a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, modify, adapt, publish, translate, create derivative works based upon, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it into other works in any form, media, or technology now known or later developed (including any web sites owned or operated by us). We cannot be responsible for maintaining any Submitted Material that you provide or submit to us, and we may delete or destroy any such Submitted Material at any time. You should therefore be careful and selective about the information that you disclose about yourself and others in your submissions to such areas of our Site, and in particular, you warrant that you have not disclosed and will not disclose any sensitive, proprietary or confidential information or material of a third party.
8. Prohibited Conduct. You warrant and agree that, while accessing or using the Web Site, you shall not: (a) impersonate any person or entity, (b) misrepresent your identity, identifying or contact information or affiliation with any other person or entity, whether actual or fictitious, including anyone from Company; (c) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site; (d) engage in spidering, "screen scraping," "database scraping," or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including any information residing on any server or database connected to the Site; (e) use the Site in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site, including sending mass unsolicited messages or "flooding" servers with requests; (f) use the Site in violation of Company's or any third party's intellectual property or other proprietary or legal rights; (g) use the Site in violation of any applicable law; or (h) attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services.
9. Linking to the Web Site. You agree not to link directly to any image, graphic or text on the Web Site or our services, such as using an "in-line" linking method to cause the image, graphic or text to be displayed on another web site, unless expressly permitted by us in writing. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including posting such images on another site, unless expressly permitted by us in writing. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials, advertising or branding. We may require that any link to the Web Site be discontinued, and/or revoke your right and ability to link to the Web Site from any other web site at any time.
11. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Company's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below: Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; 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; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Copyright Agent : Jeffrey Blomberg, Manager, Virtual Research Center LLC 1700 East Putnam Avenue, Third Floor Old Greenwich, CT 06870 voice: 203-344-6050 email: Jeffrey.Blomberg@worldquant.com.
12. DISCLAIMER OF WARRANTIES. You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Site. THE SITE IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES. WE DO NOT WARRANT THAT THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, COMPLETE OR ERROR FREE OR WILL MEET USERS' REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED, AND WE MAKE NO GUARANTEES OF ANY KIND WITH RESPECT TO ANY EMPLOYMENT OR EMPLOYMENT RESULTS. NO RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
13. LIMITATION OF LIABILITY. IN NO EVENT WHATSOEVER SHALL WE, OUR AFFILIATES, CLIENTS, OR ANY INVESTMENT FUND OR FUND WITH WHICH WE ARE ASSOCIATED OR FOR WHICH WE PERFORM SERVICES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS (ALL THE FOREGOING COLLECTIVELY, THE "PROTECTED PERSONS") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST BUSINESS, SALES, SAVINGS OR PROFIT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE), IN EACH CASE, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, EVEN IF SUCH PROTECTED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN ADDITION, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SURVIVES ANY REMEDY'S FAILURE OF ESSENTIAL PURPOSE.
14. Location of Your Access to the Site. We control and operate the Site from our offices in the United States of America and any access or use of the Site by you will be deemed to be at our offices in the United States. We do not represent that the Site is appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Termination. Company has the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Site or the Site's services, or your access to or use thereof, at any time, and for any reason without notice or liability. Company maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights. To the extent necessary to implement the termination provisions of the Terms, the Company and you hereby waive any right or obligation we may have under any applicable laws or regulations of any jurisdiction to request or obtain the approval, order, or decision of any court of law to terminate the Terms.
16. Electronic communications. You consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. IN ADDITION, YOU CONSENT TO US AND/OR OUR AFFILIATES USING ANY TELEPHONE AND CELLPHONE NUMBER THAT YOU PROVIDE TO US TO CONTACT YOU BY AUTOMATED OR MANUAL TELEPHONE CALLS AND/OR TEXT MESSAGES TO PROVIDE YOU WITH OR SOLICIT INFORMATION REGARDING WEBSIM, INPUT TO AND OUTPUT FROM WEBSIM, COMPETITIONS OR CONTEST(S) WE MAY HOLD AND POSSIBLE EMPLOYMENT AND/OR BUSINESS OPPORTUNITIES.
17. Contacting the Web Site. If you have any questions relating to the Web Site, or if you would like to submit a complaint or other report to us (including any suspected violations of the Terms or applicable law, or any misconduct or other behavior by other users of the Web Site), please contact us at: email@example.com.
18. Miscellaneous. By using the Web Site, you represent and warrant that (a) you agree to abide by and that you are fully able and capable of complying with all of the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms, and (b) if you are accessing the Site in the course of your employment by an employer, (i) you have full right, power and authority to access the Site and agree to the Terms on behalf of your employer, and (ii) you agree to the Terms on behalf of yourself and your employer. The Terms, your access to or use of the Site, our use of Submitted Material and the relationship between you and us shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. Regarding any claim, suit, dispute or action arising out of or relating to this Agreement, the Site or anything at or submitted to the site, each party hereto irrevocably (a) consents to the exclusive jurisdiction of any state or federal court located within New York County, New York, (b) waives any objection to venue, or to the inconvenience of the forum, of any such court, and (c) waives any right to a trial by jury. The parties. respective representations, warranties, obligations, rights and remedies herein shall be deemed cumulative, and any party's exercise of any one of such party's rights or remedies shall not preclude such party's exercise of any other right or remedy then available to it (whether hereunder, another written, signed contract or at law or in equity). Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Protected Persons are intended third party beneficiaries of this Agreement. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person other than the foregoing any rights, benefits or remedies of any nature whatsoever. Without limiting the generality of the foregoing, no provision herein shall be for the benefit of or enforceable by any creditor of any party hereto. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. This Agreement is in addition to any Agreement posted by us with respect to any capability, software or service that may be made available though the Site, all of which are included within the "Terms", provided that in the event of a conflict between this Agreement and any such other Agreement, such other agreement will govern and control with respect to the capability, software or service to which it relates. As used in the Terms, unless the context otherwise requires, (i) words in the singular number or in the plural number shall each include the singular number and the plural number, (ii) the use of any gender shall include all genders, (iii) "including" (and any of its derivative forms, e.g. "includes") means including but not limited to, (iv) "will", "should" and "shall" are expressions of command, not merely expressions of future intent or expectation.
WorldQuantVRC Website Terms Version October 2014
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