QUANTAMIZE.COM

TERMS OF USE

Quantamize.com has been created and is provided by Quantalytics Research, LLC (“Quantalytics Research,” “We,” “Our,” or “Us”), and combines Quantalytics Research’s proprietary analytics and strategies with Content (defined in Section 3), functionality and tools to empower Our users to make buy, sell, and hold decisions and manage risk in constructing their own portfolios (the “Services”).

1. Agreement

These Terms of Use  and Our Privacy Policy (together, the “Terms”) set forth the terms and conditions that govern your access to and use of  www.Quantamize.com and any other Quantalytics Research websites that are accessible to you as applications for mobile, tablet, other smart devices, and through related communication tools, such as email, blogs, and social media platforms, all of which are part of the Services.  Specific sections of the Services set forth additional disclosures, risks, and disclaimers relevant to those sections and are hereby incorporated by reference, form part of the Terms, and govern your use of the Services.

EACH TIME YOU ACCESS OR USE QUANTAMIZE.COM OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THEM.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS, PLEASE EXIT FROM THE WEBSITE, DISCONTINUE ANY USE OF THE SERVICES AND do NOT BECOME A MEMBER we do not consent to provide you with access to the services.

2. Quantalytics Research Does Not Provide Investment Advisory or Investment Management Services.
  1. Quantalytics Research is not an investment advisor, investment manager, brokerage firm, or investment company.  None of the data, information, research, rankings or opinions provided by Us or Our third party sources and providers of content and other information and data accessible on Quantamize.com, through the Services, or by means of emails, white papers, and other communications by Us to you collectively (the “Content”) constitute a representation that any particular investment, security, portfolio of securities, transaction, or investment strategy is suitable or appropriate to your individual circumstances or needs, or otherwise constitute a personal recommendation to you to buy, sell, or hold  any investment or security or make any other investment decisions.  Our Content, in any form, gives no consideration to your investment needs or objectives or to your financial condition.   You are solely responsible for determining whether any security, other investment, or strategy, including your reliance on Quantamize.com or the Services, or any investment product or service, is appropriate or suitable for you based on your investment objectives and your personal and financial situation.
  1. You understand that: (i) past results are not indicative of future performance; (ii) employees, consultants, managers, and agents of Quantalytics Research may take positions in securities and other investments covered in the Services, and such positions may be inconsistent with the information provided through the Services, including Our analytic results and rankings of such securities and other investments; (iii) all investments and investment strategies and recommendations entail risks of loss and potential permanent impairment of capital; (iv) you should diversify risks and exercise prudence, as well as your own judgment, in making your investment decisions; and (v) some of the Services, including the Content, may contain opinions with regard to securities and other investments that are different from opinions found in other portions of the Services. 
  2. None of the Services, including the Content, is intended for distribution to, or use by, any person or entity that is a citizen or resident of any jurisdiction where such distribution or use would be contrary to law or cause Quantalytics Research to be required to register or be licensed within any such jurisdiction or be required to comply with such jurisdiction’s laws.
3. Certain Disclaimers as to the Data and Information We Use.

You understand that: (i) Our analytic results and other Services are based on data and other information supplied by third party sources, providers, licensors, sub-licensors, suppliers, contributors, and affiliates (including such third party’s sources, providers, licensors, sub-licensors, suppliers, contributors and affiliates) that We believe to be reliable, but the accuracy and completeness of such data and information are not guaranteed by these third parties, and Quantalytics Research cannot, and does not, make any representation as to the same; (ii) the Services reflect Quantalytics Research’s analysis as at its original date of publication  and is subject to change without notice; (iii) Quantalytics Research may provide updates to the Services that are inconsistent with and may reach results different from Services previously presented; (iv) when U.S. exchanges are open, any U.S. securities quotes are delayed; (v) when U.S. exchanges are not open, quotes are only current as of the close of the last day of trading; and (vi) for all non-U.S. exchanges, all quotes are only current as of the close of the previous day of trading on such exchanges.

4. Registration.
  1. You represent that you are legally capable of entering into a binding contract and are not a person barred from using the Services under the laws of the United States or any other jurisdiction.
  2. To gain access to certain Services, you must become a “Member” by choosing a unique password, and supplying Us with your email address.  We use the services of certain third party payment processors (“Payment Processor(s)”), so you must supply additional information about Yourself to the Payment Processor you use.  You must provide and maintain accurate, current, and complete information.
  3. If We believe, in Our sole discretion, that your password or email address is offensive, impersonates someone else, may be protected by proprietary rights laws, or is otherwise objectionable or inappropriate, We may: (i) refuse to grant you the password or email address that you provided; (ii) immediately suspend or terminate your account; or (iii) prevent your current or future use of all or any portion of the Services.
  4. As a Member, you have obligations relating to your account: (i) you will be responsible for all activities that occur under your account; (ii) you will be responsible for maintaining the confidentiality of your password and email address; (iii) you must log out of your account at the end of each session; and (iv) you will immediately notify Us at [email protected] and the appropriate contacts at the Payment Processor you use if you become aware of any possible unauthorized use of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your password or email address.  Other obligations and restrictions on your use are set forth elsewhere in the Terms.
  5. If you are interested in using Our Services as a group, corporation, or other organization, please contact us at [email protected].
5. Subscriptions, Renewals, Cancellations and Terminations.
  1. Subscriptions.  Certain Services have restricted access for which We charge a subscription fee that is billed in regular monthly or annual installments.
  2. Renewals.  Your applicable subscription will continue for the period referenced during registration, and will renew automatically at the end of the applicable subscription term, unless you cancel as specified in Section 6(c).

You must follow the cancellation process in Section 6(c) at least 24 hours before the renewal date in order to avoid being activated and charged for the renewal of your subscription.

If you do not follow the cancellation process in Section 6(c), the then-applicable monthly or annual subscription for your renewal will be billed automatically, by the Payment Processor you use, to your credit or debit card account. 

THERE ARE NO REFUNDS.

  1. Cancellations.  You can cancel your monthly or annual subscription at any time.  To cancel your subscription, go to “My Subscriptions” on the “Your Account” page on Quantamize.com, and click on the “Cancel” button.  You may NOT cancel a subscription by any other means.

Any cancellation is valid only if you receive written confirmation of the cancellation from Us or the Payment Processor you use.

  1. Changes of Subscription Fees or Termination by Us.  We reserve the right, with advance notice, in Our sole discretion, to change the subscription fees and any other charges, or add new ones.  We also reserve the right, in Our sole discretion, to restrict, suspend, or terminate your account or subscription at any time. 
6. Payment of Subscription Fees and Our Payment Processors.
  1. Since Our Payment Processors handle your payment for your subscription, We do not use, store, or have access to your credit or debit card or other related information.  The Payment Processor may require you to store credit or debit card or other sensitive personal information.  We make no representation with respect to the Payment Processor and its ability to safeguard your credit or debit card and other related information.  Please review and understand the Payment Processor’s terms of use and privacy policy prior to using its processing services.
  2. You are fully responsible for, and agree to pay, all subscription fees and other charges incurred in connection with your subscription to the Services at the rates in effect when the fees or other charges are incurred.
  3. At the beginning of your initial subscription, which occurs upon your registration for a subscription, your credit or debit card will be billed for the applicable Subscription fee by the Payment Processor and your subscription will commence and continue for the term of the subscription you selected (“Subscription Term”). 
  4. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE SUBSCRIPTION TERMS, WITHOUT PRIOR NOTICE TO YOU, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT.  SEE SECTION 6(C) FOR CANCELLATION REQUIREMENTS.
  5. For each renewal, the Payment Processor will automatically bill your credit or debit card each month or each year on the calendar day corresponding to the first day your Subscription Term began.  If your subscription began on a day not contained in a given month, We will bill your credit or debit card on the last day of such month. For example, if you began a monthly subscription on January 31st, your credit or debit card would next be billed on February 28th.
  6. All fees, taxes and charges are nonrefundable. There will be no refunds or credits for partially used periods, unless required by applicable law.  You authorize Our Payment Processor to bill your credit or debit card account, regardless of whether other information associated with your subscription has changed, including, but not limited to, the expiration date of the physical card with which you subscribed.  If Our Payment Processor has to collect unpaid amounts you owe Us, you will be liable for all of Our and Our Payment Processor’s attorneys’ fees, court costs, and collection agency fees.
  7. If a charge to your credit or debit card is denied for any reason, Quantalytics Research has the right to terminate or suspend your subscription and your access to the Services.  If your credit or debit card expires, your continued use of the Services constitutes your authorization for Our Payment Processor to continue billing you, and you will be responsible for any uncollected amounts.
7. Restrictions on Your Use.
  1. You may not republish, transmit, distribute, export, or re-distribute any aspect of the Content or other Services to online bulletin boards, message boards, newsgroups, chat rooms, social media platforms or in other any manner. 
  2. You may not use the Content or other Services for any purpose other than your own personal, non-commercial use. Such use is a violation of Our copyright and other proprietary rights or those of third party sources or­­ providers of Third Party Content (defined in Section 9 (a)), and can subject you to legal liability.
  3. You will not:
    1. Assign, transfer, or resell your use of or access to the Content or other Services to any third party or restrict or inhibit any other visitor from using Content or other Services, including, without limitation, by means of "hacking" or defacing any portion of Quantamize.com;
    2. Use the Content or other Services for any unlawful or unauthorized purpose;
    3. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services including the Content;
    4. "Frame" or "mirror" any Content available through the Services;
    5. Centrally manage or store any Content in a centralized or interdepartmental database management system;
    6. Use any robot, spider, scraper, site search or retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Content available through the Services; or
    7. Harvest or collect information about users of the Services or visitors to Quantamize.com.
  4. You will:
    1. Comply with all applicable laws in connection with your use of the Services, including the Content;
    2. Be responsible for all statements made and acts or omissions that occur on your user account; and
    3. Be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto.
8. Third Party Content.
  1. We or third-party sources or providers of Content may provide, through Quantamize.com or the Services or by hyperlink from other websites, links to other websites or other resources, including, without limitation, content, advertising, products, services, or other information located on or through any other websites (“Third Party Content”) and certain third-party features. 
    1. By using any such features or Third Party Content, you acknowledge that you have reviewed all third party terms of use and rules, and agree to be bound by them. 
    2. If any feature or tool is provided by a third party, such feature or tool may become unavailable if the agreement between Us and the third party is terminated.
    3. Your use of all such features and Third Party Content is solely at your own risk, including, without limitation, links to other Internet websites or resources.
    4. You understand that Quantalytics Research has not reviewed or approved, or is in any way responsible for, any Third Party Content that appears on such other websites or resources, is not responsible for the availability of such external sites or resources, does not control or endorse, and is not responsible or liable for, any content, advertising, products or other materials on or available from such sites or resources, or for any loss or damages caused by the use of or reliance on the same.
  2. As a provider of Third Party Content, “S&P” (which means S&P Global Market Intelligence LLC, S&P Global Inc., or any of S&P Global Inc.’s subsidiaries) provides certain data and information through Quantamize.com with the following terms and conditions, which are included in the Terms:

 

Copyright© 2018 (and any subsequent applicable years), S&P Global Market Intelligence (and its affiliates as applicable). Reproduction of any information, opinions, reviews, data or material, including ratings (‘Content’) in any form is prohibited except with the prior written permission of the relevant party.Such party, its affiliates and suppliers (‘Content Providers’) do not guarantee the accuracy, adequacy, completeness, timeliness or availability of any Content and are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such Content.In no event shall Content Providers be liable or any damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with any use of the Content. A reference to a particular investment or security, a rating or any observation concerning an investment that is part of the Content is not a recommendation to buy, sell or hold such investment or security, does not address the suitability of an investment or security and should not be relied on as investment advice.Credit ratings are statements of opinions and are not statements of fact.

 

  1. Providers and sources of Third Party Content, may, as Our intended third-party beneficiaries of the Terms, enforce their rights against you, even though such third parties are not parties to the Terms.
9. Intellectual Property.
  1. All Content and Third Party Content, other Services, and other information, text, photographs, video, audio, graphics and all other elements accessible on or through Quantamize.com or through the Services (individually and collectively referred to as “Intellectual Property”) are: (i) the property of Quantalytics Research or its providers or sources of Third Party Content; and (ii) protected by copyright and trademark laws, international treaties, and other applicable intellectual property or proprietary rights and laws of the U.S. and other countries. 
    1. Quantamize.com, all Content and other Services are also protected as collective works or compilations under U.S. copyright laws and other applicable laws and treaties. 
    2. The Services, including Content, have been developed, compiled, prepared, revised, selected and arranged by Quantalytics Research and Our providers and sources of Third Party Content through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money, and constitute valuable intellectual property and trade secrets of Quantalytics Research and such other providers and sources.
    3. Quantamize™ and certain other trademarks, service marks, and logos used on Quantamize.com and in the Services are trademarks, service marks, and logos of Quantalytics Research.  All other trademarks, service marks, and logos used on Quantamize.com and in the Services are the trademarks, service marks, and logos of their respective owners.
  2. You do not acquire any ownership or license rights by using or having access to any of the Intellectual Property, other than the limited right to use the Services, including the Content, in accordance with the Terms.
    1. You will not copy, distribute, display, sell, make derivative works of, or otherwise reproduce any Intellectual Property;
    2. You will abide by all copyright, patent, and trademark notices and restrictions contained on Quantamize.com and in the Services; and
    3. You will notify Quantalytics Research at [email protected] promptly upon becoming aware of any unauthorized access to or use of the Services or other Intellectual Property by any party or of any claim that the Services or other Intellectual Property infringes upon any intellectual property, or other contractual, statutory or common law rights.
  3. Restrictions on Use.
    1. You may access and use the Services, and print Content from the Services, solely for your personal, non-commercial use, and only if you retain all copyright and other proprietary notices in the Content and comply with this Section 10.
    2. No part of Quantamize.com or the Services, is for resale, distribution, or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
    3. The analysis and data provided through the Services, including the Content, may not be recirculated, redistributed, modified, or published.
    4. You will not use, transfer, distribute, or dispose of any of the Content or other Services or any other aspect of Quantamize.com in any way whatsoever that is competitive with or similar to the business of Quantalytics Research.
10. Copyright and Other Intellectual Property Infringement Claims.
  1. We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post materials or information that either infringe another party’s intellectual property rights or otherwise violates these Terms.  Accordingly, we reserve the right, in Our sole discretion, to terminate or disable accounts for materially or repeatedly infringing Our intellectual property rights or those of any third parties. You agree that if your account is terminated under this Section 11(a), you will not attempt to establish a new account or otherwise post content under any name, real or assumed, and if you violate this Section 11 with such an attempt or post, you will indemnify and hold Us harmless for any and all liability that We may incur arising out of such violation.
  2. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  The procedure under the DMCA for a takedown notice is given in Section 11(c) below.  See http://loc.gov/copyright/ for the most current statutory requirements.
  3. If you believe in good faith that materials displayed on Quantamize.com or through the Services infringe your copyright or any other intellectual property rights, you (or your agent) may send Us a statement containing the information below to [email protected]:

i. Identification of the intellectual property works which are the subject of the claimed infringement.

ii. Identification of the claimed infringing activity, including the location on Quantamize.com or within the Services of the infringing content.

iii. A statement with the signature of the person making the claim, which states that he or she is the owner, or authorized to act on behalf of the owner, of the infringed intellectual property, along with current contact information, which should include a mailing address, telephone number, and email address.

iv. A statement by you of a good faith belief that the subject use is not authorized by the intellectual property owner.

v. A statement as follows: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the intellectual property that is allegedly infringed.”

If a statement does not include all required elements set forth in this Section 11(c), it will not be treated as actual notice under the DMCA or other applicable U.S. intellectual property law.

If We receive a claim that substantially complies with the requirements above, We will respond expeditiously to remove, or disable access to, the alleged infringing material from Quantamize.com or the Services, and notify the complainant that the material has been removed. 

We are not liable in any way for removing allegedly infringing material pursuant to this Section 11(c), and subsequently discovering that such material was actually not infringing.

You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material from Quantamize.com or the Services is infringing the copyright or other intellectual property rights of yours or the person you are authorized to act on behalf of.

11. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUANTAMIZE.COM AND the SERVICES (INCLUDING THE CONTENT) are PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, without limitation, all WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, and NON-INFRINGEMENT.  ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. 

quantalytics research hereby DISCLAIMs ALL representations and WARRANTIES AND will HAVE NO LIABILITY RELATING TO THE ADEQUACY, ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT AVAILABLE THROUGH Quantamize.com OR THE SERVICES.

quantalytics research hereby DISCLAIMs ALL representations and WARRANTIES THAT QUANTAMIZE.COM AND THE SERVICES (INCLUDING THE CONTENT) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, ADEQUATE, FREE OF VIRUSES, OR OTHER HARMFUL CODE, COMPLETE, LEGAL, SAFE, OR THAT DEFECTS WILL BE CORRECTED, AND WILL HAVE NO LIABILITY RELATING TO ANY OF THE FOREGOING.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTs, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

12. Force Majeure.

Under no circumstances will Quantalytics Research be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or nonperformance of third parties.

13. Limitation of Liability.

QUANTALYTICS RESEARCH will not be RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES   (INCLUDING THE CONTENT AND THE THIRD PARTY CONTENT), WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING them. OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Residents of California.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS CALIFORNIA CIVIL CODE SECTION 1542.

15. Indemnification

You will, and hereby do, indemnify, defend, and hold harmless Quantalytics Research and Our current and former managers, officers, directors, employees, consultants, agents, representatives and affiliates from and against any and all liabilities, claims, (including third-party claims), damages, losses, costs (including reasonable attorneys' fees), arising directly or indirectly from: (i) your violation of the Terms; (ii) your use of the Services; (iii) your violation of the rights of any third party; or (iv) your actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Content or other Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with Our defense of these claims. We will invoice you for all expenses of Our defense, and you will pay such invoices in full immediately on presentation. You agree not to settle any matter without Our prior written consent.

16. Dispute Resolution and Litigation.  The following shall govern all claims by you against Quantalytics Research relating to or in connection with Quantamize.com, the Terms, the Services, including, but not limited to, the Content, and any transaction between you and Quantalytics Research.
  1. Jurisdiction and Venue.  Any litigation relating to or in connection with the Terms, the Services, including, but not limited to, the Content, or any transaction between you and Quantalytics Research will be brought in the state or federal courts located in New York, New York, and you hereby consent and submit to such jurisdiction and venue, and waive any jurisdictional, venues and inconvenient forum objections to such courts.  You hereby agree that such courts shall have exclusive jurisdiction over any claim brought by you against Quantalytics Research relating to or in connection with the Terms, the Services, including, but not limited to, the Content, or any transaction between you and Quantalytics Research, except as provided in Section 17 (d).
  2. Waiver of Jury Trial. If litigation should arise between you and Quantalytics Research in any state or federal court, you and we waive all rights to a jury trial, and instead elect that the claim be resolved by a judge.
  3. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
  4. Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before any state or federal court in order to maintain the status quo without waiving any rights under this Section 17.
17. Changes to the Terms of the Services.
  1. We reserve the right to change the Terms and Services, at any time, in Our sole discretion, including, but not limited to, eliminating or discontinuing any of the Services, or ceasing to provide access to certain Services, or replacing certain Services.  Any such changes will be effective immediately after We post such changes on Quantamize.com.  You should review the Terms prior to each use of the Services so that you understand the current Terms.  If you have the Terms cached on your browser, the Terms that apply to you are the most recent version that appears on a non-cached browser.
  2. We will not be liable to you for any update to or any modification, suspension, or discontinuation of Quantamize.com or the Services. Any future change or addition to Quantamize.com or the Services will be subject to the Terms.
18. Miscellaneous.
  1. The Services are directed solely to individuals residing in the United States. We make no representation that Quantamize.com or the Services are lawful, appropriate, or available for use in any jurisdiction outside of the United States.  Those who choose to access the Services from such other jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with all applicable laws in such other jurisdictions.
  2. If any provision of the Terms is held to be invalid or unenforceable for any reason, the other provisions of the Terms will be unimpaired (remaining in full force and effect), and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
  3. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you, and any attempted assignment, subcontract, delegation, or other transfer in violation of the foregoing will be null and void. We may freely assign the Terms. The Terms shall inure to the benefit of and be binding upon successors and permitted assignees.
  4. The Terms shall be governed, construed, and enforced in accordance with the laws of the United States and the State of New York, without giving effect to conflicts of law principles.
  5. The Section titles in the Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”
  6. The Terms constitute the entire and exclusive agreement between you and Quantalytics Research regarding your use of Quantamize.com and the Services, and supersede and replace any and all prior oral or written understandings or agreements between you and Us.  Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision.  Except as expressly set forth in the Terms, the exercise by you or Us of any remedy under the Terms will be without prejudice to the exercise of any other remedy available to you or Us under the Terms or otherwise.