Terms Of Service
The website www.qfscapital.com (the “Website”) is brought to you by QFS Capital, LLC and its affiliates, assigns, agents, designees, and successors. (“QFS,” “we,” “us,” “our” or “Company”).
Please read these terms and conditions of use (the “Terms of Use” or “User Agreement”) carefully before using the website as they constitute a legally binding contract between you and QFS Capital.
This User Agreement sets forth the terms and conditions which govern your use of the Website and of the Content (as defined below) and the services made available on or through the Website (collectively, the “Services”). By browsing, accessing, or otherwise using the services in any manner, you hereby accept, without limitation or qualification, (1) the following terms of use and (2) the Privacy Policy for the website (the “privacy policy”). You may not access of use the Website if you are unable to form a binding, legal agreement with QFS.
Please note that in addition to the following terms of service, the terms of the Application Agreement become applicable upon you completing the requested business information form and clicking to “Apply Now”. Additionally, QFS might not serve as the actual source of fund in connection with a particular “Funding” and/or “Financing” as described on the Website.
If you do not agree to these terms of use or the privacy policy, please do not use the services and exit now.
This Website is intended solely for users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Website by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Website, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, the Company may terminate your membership, delete your profile and any content or information that you have posted on the Website and/or prohibit you from using or accessing the Service or the Website (or any portion, aspect or feature of the Service or the Website), at any time in its sole discretion, with or without notice.
Updates/revisions to the terms of use.
Please review the terms of use periodically. We reserve the right, in our sole discretion, to update or revise these Terms of Use at any time. In the event of any such update or revision, we will post a notice on the Website that we have changed these Terms of Use together with the updated or revised Terms of Use. Such updates or revisions shall become effective immediately upon the posting thereof. Your continued use of the website following the posting of updates and/or revisions to the terms of use will constitute your acceptance of such update and/or revised terms of use. The most current version of the Terms of Use can be accessed at any time by selecting Terms of Use link on the bottom of the home page for the Website.
Security of your username/password
Access to the certain areas of the Services (“User Restricted Areas”) is enabled only by username and password. You shall maintain your password in strict confidence. In no event shall you share password with any third party or allow another person to access the User Restricted Areas using your password. You shall immediately notify us if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to any User Restricted Areas of the Website using your user name or password. You agree that, if you are provided rights to access or use User Restricted Areas of the Website, those rights are personal and non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share any user name or password to anyone. You assume all responsibility for loss or misuse of your user name and password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason except due solely to the gross negligence or willful misconduct of QFS. We reserve the right to revoke or deactivate your username and password at any time and for any reason including, without limitation, if you violate the Terms of Use.
Content made available on or through the website and your use of content
Description of Content.
The Website contains a wide variety of Content (defined below), whether (1) proprietary to QFS, or (2) proprietary to third parties. “Content” includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials that you may view, access or download (but only as expressly permitted) through the Website.
Proprietary Rights.
You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by QFS or other parties that have licensed their material to QFS, and are protected by copyright, trademark, and other intellectual property laws. Except as specifically permitted herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of QFS or such third-party that owns the Content. All rights not expressly granted herein by QFS and/or its licensors to you are reserved by QFS and/or its licensors.
Restrictions on Your Use of Content.
You may access as intended through the provided functionality of the Services and permitted under this Agreement. Any modification of the Content, use of the Content on any web website or networked computer environment, without the prior consent of QFS or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Content and is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Website. You shall not download any Content unless you see a “download” or similar link displayed by us on the Website for such Content. If you download any Content from the Website, you do so at your own risk.
Content Disclaimer.
Content is provided to You AS IS. You understand that we do not guarantee the accuracy, safety, integrity or quality of Content and you hereby agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. Nothing on website should be deemed to constitute recommendation to purchase, sell or hold, or otherwise to constitute advice regarding, any registered or unregistered security. By accessing content you acknowledge and agree that QFS does not engage in the business of effecting securities transactions or providing investment advice and is not registered with the U.S. securities and exchange commission or any state securities regulator as a broker-dealer or investment adviser.
Non-disclosure and confidentiality.
In using the Services, you will have access to confidential information of QFS, its clients, borrows, originations, brokers, its licensors and suppliers that may include, but is not limited to the names, business and financial information, business plans, operating agreements, investment memorandums, and customer names of QFS’s clients (collectively, “Confidential Information”). You agree to maintain and safeguard vigilantly the privacy and security of all Confidential Information. Without limiting the foregoing, you agree to undertake all necessary measures to ensure the privacy and security of all Confidential Information including without limitation: (i) to use the Confidential Information only for the purpose for which such Confidential Information was made available to you as a part of the Services (the “Permitted Purpose”) and for no other purpose whatsoever; (ii) not to access, use or disclose any Confidential Information that you have no legitimate authorization to access, use or disclose; (iii) not to access the Services or any Confidential Information for any other individual (except to the extent fully disclosed by you to QFS) or any unauthorized third party; (iv) not to disclose Confidential Information to any third-party except to your attorneys and financial advisors who need to know such information to assist you to carry out the Purpose (the “Representatives”) and which Representatives are bound by a written confidentiality agreement containing disclosure and use provisions no less restrictive with respect to disclosure than those set forth herein; (v) to restrict physical and system access to the equipment which contains Confidential Information or which gives access to the Confidential Information (such as by diligently locking and monitoring office premises and requiring password verification to gain access to desktop computers); and (vi) to use Confidential Information in compliance with all applicable laws. You shall immediately notify, and cooperate fully with QFS in the event you discover or suspect any unauthorized use of or access to the Services and/or Confidential Information. You hereby agree that you shall be responsible hereunder for any breach or threatened breach by the Representatives of the obligations set forth in this Section 3 as if such breach or threatened breach was committed by you. You acknowledge and further agree that all obligations relating to Confidential Information under this Agreement will continue after termination of this User Agreement and termination of access rights hereunder.
Restrictions on your use of the services.
You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose, including without limitation any violation of the antifraud or registration provisions of the securities laws of the U.S. or any state therefore. You shall not post or transmit via the Services (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Services in any manner, including, but through the use of methods such as denial of service attacks, flooding or spamming and you will not transmit, distribute, introduce or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code (collectively, “Harmful Code”). You shall not use the Services in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Services.
Trademarks/service marks, logos, slogans and taglines.
All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are the property of QFS or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of QFS, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
Termination/exclusion.
You understand that the Services are provided as a courtesy to you and that we may modify, suspend or terminate all or a portion of the Services at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing the Services for any reason or for no reason whatsoever, including improper use of the Services or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that QFS shall not be liable to you or any third party for any termination of your access to the Services.
Visitor/user suggestions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to QFS (collectively, “Feedback”) are not confidential and you hereby grant to QFS a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
Links to other websites.
Our Website may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Please be aware that the terms of our Privacy Policy does not apply to these third party websites.
Not intended as financial or investment advice.
The services are not intended as financial or investment advice. By providing the services, QFS does not intend to provide financial, investment, legal or tax advice and/or any other advice of any kind. Your use of the services and any decisions you make to lend or invest money relating to opportunities addressed in the content are at your sole risk. The borrowing and/or lending of money can expose you risk of loss up to the amount lent or invested.
Not to be construed as solicitation or recommendation.
Content is meant for informational purposes only and should not be construed as solicitation or recommendation. Neither the content nor any opinions expressed therein are a solicitation to purchase or sell any securities or for any other investment-related services. You should consult your portfolio managers, analysts, investment advisers, financial advisors, accountants, attorneys, or investment committees, as applicable, responsible for management of applicable assets before acting on information made available on or through the services. Content may contain forward looking predictions that are subject to certain risks and uncertainties which could cause actual results to differ materially from those currently anticipated or projected. QFS does not render tax or legal advice. As such, no one should act upon any tax or legal information contained in the content without consulting a tax professional or attorney.
You acknowledge and agree that (a) QFS and the individuals and entities that indirectly or directly own and/or control or are employed by QFS, or are under common ownership and/or control with QFS, may lend or invest in transactions described in the content and (b) the ownership and control relationships described in clause (a) of this sentence may create conflicts between your interests and those of QFS and/or the parties that own, control or are under common control with or employed by QFS. You agree to review and analyze all opportunities to invest, lend or borrow related to QFS, including without limitation by consulting professionals and experts as described in the preceding paragraph, before agreeing to lend, invest or borrow. You agree and acknowledge that any resulting transaction creates an arm’s length relationship between QFS and you and does not create any fiduciary or agency relationship or obligation on the part of QFS or any individual or entity affiliated with QFS through ownership or control.
Disclaimer of warranty.
Access to the services is provided “as is” and “as available” without any warranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, QFS disclaims all warranties of any kind, either express or implied, including but not limited to any implied warranties of title, merchantibility, fitness for a particular purpose or non-infringement. Without limiting the foregoing, QFS does not warrant that access to the services will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does QFS make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the services. You expressly agree that your use of the services is at your sole risk. You shall be solely and fully responsible for any damage to any computer system, any loss of data, or any improper use or improper disclosure of information caused by you or any person using your login credentials. QFS cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any of advice, ideas, information, instructions or guidelines accessed through the services.
Limitation of liability.
QFS is not liable to you or any other person for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the services, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if QFS has been advised of the possibility of such damages. You hereby release QFS and hold it and its licensors and suppliers harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the services. You waive the provisions of any state or local law limiting or prohibiting a general release.
Exclusive remedy.
Without limiting the limitation of liability above, in the event of any problem with the services, you agree that your sole and exclusive remedy is to cease using the services. Under no circumstances shall QFS, its affiliates, or licensors be liable in any way for your use of services, including, but not limited to, any errors or omissions in the services, any infringement by the services of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the services. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Indemnification.
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend QFS and its parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any obligations set forth in this User Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
Miscellaneous.
This Agreement shall be governed by the laws of the State of New York without regard to it rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. This Agreement constitutes the sole agreement between you and QFS for your use and the provision of the Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or QFS. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by QFS of any right under this Agreement 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. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability.
If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.