Questis Terms and Conditions
Policy Effective Date: June 1, 2013
Questis, Inc ("Questis") operates an online financial advisor at (the “Site”). You understand and agree that by providing content or other information to Questis via the Questis Solution (defined below), you are granting Questis all necessary rights to use that content and information on all instances of the Questis Solution, described in more detail in Section 7(d)(i) below.
In accessing the Questis Solution, you agree that (1) the Questis Solution may publish to other users of the Questis Solution any content you agree to disclose on the Questis Solution, (2) you will not use the Questis Solution in any way to violate insider trading laws or other federal or state securities laws and regulations of the United States, any state or any other country, as applicable, relating to securities disclosure, securities trading, or investment advisory or brokerage services, (3) without limiting the general scope of the foregoing, you will not attempt to trade in a security in advance of posting information concerning that security, publish defamatory or misleading information concerning any security or issuer (or officer or employee thereof), manipulate the price or market for any security, or post information that you are obligated to keep confidential, and (4) you will not post any advertisement, solicitation or information that otherwise violates any applicable local, state, national or foreign law or regulation.
You understand that the Questis Solution and content thereon involve matters with respect to finance and investing, such as investment strategies, asset allocation, stock quotes and in particular the performance of certain ETFs (and their underlying holdings), indices, stocks, stock portfolios, and investors. The Questis Solution merely gathers, processes, and makes information available to you, including the recommendation of a possible investment plan. You acknowledge that: (1) Questis provides you with risk tolerance and investment plan recommendations based solely on profile data you provide, and unless you agree to subscribe to Pay Services (as defined below) and become a client of Questis, the Questis Solution is provided for informational purposes only and Questis does not review the information posted on the Questis Solution for reasonableness, strategic usefulness, or your individual investment management purposes, and Questis does not act in any type of financial advisory capacity for you; (2) the Questis Solution may include information it obtains from sources such as stock exchanges, other financial data providers and news sources, and Questis does not review, endorse or analyze all such third-party information; (3) Questis does not guarantee the accuracy, completeness, or timeliness of any information on the Questis Solution; (4) unless you agree to additional terms provided by Questis through the Questis Solution that provide otherwise, none of the information on the Questis Solution constitutes a solicitation or offer to buy or sell any security, or to provide financial advisory services or other advice regarding the future profitability or the suitability of any security or investment; and (5) the information provided on the Questis Solution is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation, and no information from the Questis Solution may be copied in any form, by any means, or redistributed, published, circulated or commercially exploited in any manner without Questis’s prior written consent except as provided below. Accordingly, the Questis Solution and Questis’s owners, sponsors, directors, officers, employees, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person or entity for any: (a) inaccuracies or errors in or omissions from the Questis Solution or content thereon including, but not limited to, any information or analysis posted by any other user, prices of securities and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Questis Solution or content thereon; or (c) loss or damage arising from your use of the Questis Solution or content thereon or by any reason of nonperformance.
The Questis Solution or content thereon may provide links to third- party websites or resources. You acknowledge and agree that Questis is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that Questis does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
No Unauthorized Use If you become aware of misuse of the Questis Solution or content thereon by any person, please contact Questis to report any abuse. Questis has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders. Please see the Questis Copyright and Intellectual Property Policy for further information.
Your use of the Questis Solution, Content and User Information is at your sole discretion and risk. The Questis Solution, Content and User Information, and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Questis. QUESTIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE QUESTIS SOLUTION, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. QUESTIS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,: (I) REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE QUESTIS SOLUTION, CONTENT AND/OR USER INFORMATION; OR (II) THAT THE QUESTIS SOLUTION WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE QUESTIS SOLUTION INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED FROM BULLETIN BOARDS, MESSAGE BOARDS, CHAT SERVICES OR OTHER ONLINE CONFERENCING. No advice or information, whether oral or written, obtained by you from Questis, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
IN NO EVENT SHALL QUESTIS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE QUESTIS SOLUTION, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE QUESTIS SOLUTION OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT QUESTIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL QUESTIS’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
Access, Intellectual Property Rights and Ownership
Disclaimer of Warranties
Limitation of Liability
Your feedback is welcome and encouraged. You may submit feedback by emailing us at email@example.com.You agree, however, that (i) by submitting unsolicited ideas to Questis or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Questis. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Questis together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.