NQ Fiduciary Services
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms”) BEFORE USING THIS SITE.
USE OF SITE CONTENT
Except as stated herein, none of the information and content on the Site, without limitation, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of NQ Fiduciary Services or the copyright owner.
By accessing and using this Site, you agree not to engage in any conduct that could damage, disable, overburden or gain unauthorized access to the Site, any Materials, systems, networks or accounts related to the Site or otherwise circumvent any access-limiting, user authentication or security device thereof.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site are registered and unregistered trademarks of NQ Fiduciary Services. Other trademarks, service marks, and trade names may be owned by others. Nothing on this site should be construed as granting, by implication, any license or right to use any trademark or any other NQ Fiduciary Services intellectual property displayed on this site. NQ Fiduciary Services aggressively enforces its intellectual property rights to the fullest extent of the law. The name NQ Fiduciary Services, or NQ Fiduciary Services, or any other trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior written permission from NQ Fiduciary Services. NQ Fiduciary Services also prohibits use of NQ Fiduciary Services or any other trademark as part of a link to or from any site unless establishment of such a link is approved in advance by NQ Fiduciary Services in writing.
The copyright for all materials provided on this site is held by NQ Fiduciary Services, its affiliates, or by the original creator of the material. All content and functionality on this site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of NQ Fiduciary Services or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
USE OF SITE CONTENT
NQ Fiduciary Services hereby grants permission to download one copy of the materials on this site on a single computer for your personal or internal business use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “mirror” any material contained on this site without NQ Fiduciary Services’ express written permission. You may, however, share, through social media accounts, the content posted on the NQ Fiduciary Services website, provided that you do not alter it and that you cite us as the source. You may not share, post, or transmit material from this website in a way that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity. Exclusive of limited personal use, or content shared via social media and in compliance with guidelines and best practices established by the social media platform, you may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to NQ Fiduciary Services website(s). Any unauthorized use of the materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations, and statutes.
There may be delays, omissions, or inaccuracies in information obtained through your use of this Site. All information included on the Site or referenced by the Site is provided to you with the understanding that NQ Fiduciary Services’ provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, or other advice or services. Information on this Site should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors. Moreover, NQ Fiduciary Services does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded, or distributed through this Site by NQ Fiduciary Services, any user, information provider, or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. Moreover, NQ Fiduciary Services does not grant any license or other authorization to you to use this Site in any manner if such use in whole or in part suggests that NQ Fiduciary Services promotes or endorses any third party’s causes, ideas, political campaigns, political views, web sites, products, or services.
NQ Fiduciary Services makes no representations whatsoever about any other website which you may access through this one. When you access a non-NQ Fiduciary Services website, please understand that it is independent from NQ Fiduciary Services, and that NQ Fiduciary Services has no control over the content on that website, even if NQ Fiduciary Services provides information or services to the owner of that web Site. In addition, a link to a non-NQ Fiduciary Services website does not mean that NQ Fiduciary Services endorses or accepts any responsibility for the content or the use of such website. In fact, NQ Fiduciary Services disclaims any and all liability and responsibility for such content. Your use of any third-party Materials and access to any other websites linked to this Site is at your own risk; NQ Fiduciary Services will not be liable for any damages arising from the use thereof.
NQ Fiduciary Services may from time to time make available mobile applications (“Apps”) to provide user access using wireless and mobile devices. These Terms apply to your access to and use of Apps in the same manner and on the same terms as they apply to your access to and use of the Site.
OPERATION OF SITE
This Site is owned and operated in the United States. If you access and use the Site from outside of the United States, you are responsible for compliance with all laws and regulations relating to such access and use, including those of the jurisdiction from which you access this Site. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.
MODIFICATIONS AND CHANGES
NQ Fiduciary Services may periodically modify these Terms, and any modifications will be effective upon posting. NQ Fiduciary Services reserves the right to change, modify, suspend, temporarily or permanently discontinue, and restrict the use and availability of the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice or liability.
NO PROFESSIONAL ADVICE; NO FIDUCIARY STATUS
This Site and the Materials are intended to provide general information only and are not intended to constitute and should not be considered as legal, investment, accounting, or other professional advice. If legal, investment, accounting or other professional advice or assistance is needed, the services of competent, independent legal counsel, investment advisor, accountant or other professional should be sought. You acknowledge and agree that, except as may otherwise be the subject of a separate agreement or as required by applicable law, by making the Site and its functionalities available to you, NQ Fiduciary Services is not acting as a “fiduciary,” within the meaning of the Employee Retirement Income Security Act of 1974, as amended.
You hereby indemnify, defend, and hold harmless NQ Fiduciary Services and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the indemnified parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. NQ Fiduciary Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, the remainder of the Terms shall not be affected thereby, and each provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.
DISCLAIMER OF WARRANTIES
NQ Fiduciary Services DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND ABOUT THE SITE OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SITE AND MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NQ Fiduciary Services DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, NQ Fiduciary Services DOES NOT WARRANT THAT: 1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THAT THE SITE OR THE MATERIALS WILL MEET YOUR NEEDS (3) THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (4) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND EQUIPMENT, OR LOSS OF DATA, THAT MAY RESULT FROM OBTAINING SUCH MATERIALS FROM THIS SITE.
IN NO EVENT WILL NQ Fiduciary Services OR ITS PROVIDERS, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, TRADING LOSSES, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS REFERENCED BY THE SITE. THE FOREGOING LIMITATION SHALL APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT NQ Fiduciary Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NQ Fiduciary Services WILL NOT HAVE ANY LIABILITY FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH NQ Fiduciary Services DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACTS OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY, OR A GOVERNMENT ACTION. THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT FULLY APPLY IN CERTAIN STATES AND IN CERTAIN CIRCUMSTANCES BY REASON OF APPLICABLE LAWS, AND WHERE THIS IS THE CASE THE LIABILITY OF NQ Fiduciary Services AND ITS PROVIDERS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAWS.
GOVERNING LAW AND VENUE
These Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles. You agree that any claim, dispute, controversy, or other matter arising out of your use or access to this Site shall be subject to the exclusive jurisdiction of the federal and state courts located in Orange County, Florida, and you consent and submit to the personal jurisdiction of those courts for purposes of litigating any such matter.
NQ Fiduciary Services LLC.
801 N. Orange Avenue
P. O. Box 3191 (ZIP 32802-3191)
Orlando, Florida 32801-5203
© NQ Fiduciary Services LLC. 2020. NQFiduciary.com All rights reserved.