(Last updated August, 2018)
This website, located at uniform resource locator www.qsprivatelending.com (the “Site”), is provided by QS PRIVATE LENDING LLC (“QS Private Lending,” “we,” “our,” or “us”) to the person accessing the Site (“you,” or “your”).
1. You Agree to These Terms by Using the Site
Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. QS Private Lending may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a writing signed by QS Private Lending.
If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately.
2. Permitted Use of the Site
The information and materials on the Site are provided for general informational purposes. You may use the site solely for the purpose of learning about QS Private Lending and its loans and services. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose.
Specifically, materials and information posted on the Site may be printed for your use, provided, however, that third party exchange data, if any, may not be downloaded, printed or redistributed for any purposes whatsoever. Materials and information posted on the Site may not be duplicated, copied, re-disseminated or re-distributed to any other person or entity. Re-dissemination and re-distribution includes, without limitation, making any such materials and information available via the Internet or via any other electronic means of access.
3. Site Content
You Are Responsible for Your Financial Decisions. We urge you to obtain the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. The content on this Site is not intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Site with your financial, legal or tax advisors and others with whom you share investment decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by us. We do not guarantee that quotes, fees, terms, rates, coverage or services offered are the best available.
4. Disclaimer – Warranty
THE SITE, ITS CONTENT AND MATERIALS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QS PRIVATE LENDING HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
QS Private Lending does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. QS Private Lending does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
The Site and its content does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, we recommend that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A FINANCIAL INSTITUTION. YOU ACKNOWLEDGE AND AGREE THAT WE ARE A PRIVATE LENDER.
5. User Submitted Content
The Site may, from time to time offer interactive features that allow users to submit content to the Site. QS Private Lending does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, QS Private Lending is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, QS Private Lending reserves the right to block or remove communications or materials that it determines to be unacceptable to QS Private Lending in its sole discretion.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a QS Private Lending employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
6. Notice; Electronic Communications
When you visit the site or send e-mails to QS Private Lending, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. 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.
7. Typographical Errors
The Site may contain typographical errors. QS Private Lending reserves the right to update the Site at any time to correct any such errors.
8. Indemnification
You agree to indemnify, defend, and hold harmless QS Private Lending, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any negligent or wrongful conduct by you or any other person accessing the site using your Internet account.
9. Limitations of Liability
YOUR USE OF THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SITE IS AT YOUR OWN RISK. NEITHER QS PRIVATE LENDING, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Third-Party Links
In an attempt to provide increased value to our visitors, QS Private Lending may link to sites operated by third parties. However, even if the third party is affiliated with QS Private Lending, QS Private Lending has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of QS Private Lending. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, QS Private Lending specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
QS Private Lending does not endorse the content, or any products or services available, on such sites. Nonetheless, QS Private Lending seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
11. Trademarks
The following trademarks are our property: QS Private Lending and QS Private Lending Fund. These marks may not be used without our consent on any product or service, except our own.
12. Copyright
Copyright © 2018, QS PRIVATE LENDING LLC. ALL RIGHTS RESERVED.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of QS Private Lending or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of QS Private Lending and protected by United States and international copyright laws. All software used on the Site is the property of QS Private Lending or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.
13. Copyright Complaints
QS Private Lending respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@qsprivatelending.com.
14. Export Control
Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.
QS Private Lending does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.
15. Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. The courts of general jurisdiction located within the Commonwealth of Massachusetts, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
16. Assignment
QS Private Lending may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
17. Questions and feedback
We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to info@qsprivatelending.com.
