TERMS & CONDITIONS
Last Updated: June 23, 2022
The following terms and conditions ("Terms") constitute a binding agreement between you and RQR Capital, LLC, a Delaware limited liability company, its affiliates, and any subsidiary companies (collectively, "RQR", "we", or "us") with respect to your use of https://www.rqrcapital.com, and any other RQR-owned websites (collectively, the "Website"), and the services available on such platforms ("Services"), including any Content (as defined below).
These Terms do not apply to services provided by RQR that are outside the scope of the Website and Services described above.
Additional policies, terms, and conditions applicable to certain RQR services, specific areas of the Website, or to particular content or transactions, may also be posted in particular areas of the Website and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, those additional policies, terms, and conditions will overrule these Terms with respect to those particular areas and subject matter. RQR reserves the right to cancel and/or terminate any user's account for any violation of these Terms or other terms stated on the Website. Fraudulent behavior, spamming, flaming, excessive use of profanity or abusive language on the Website or any RQR social media pages or any other website in regards to RQR, or while contacting our Customer Service department, will not be tolerated.
"You" and similar terms means you, individually, as well as the entity, organization, or business on whose behalf you are accessing or using the Website or the Services. You represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such entity, organization, or business. By either: (i) accessing or using the Website or Services, or (ii) clicking on the "I Agree" or a similar checkbox or button when prompted, you accept and agree to be bound and abide by these Terms.
If you do not agree to these Terms, please do not use or access the RQR Website or Services for any purpose.
We reserve the right to make changes to these Terms at any time. All changes are effectively immediately when we post them and apply to all access to and use of the Website and Services thereafter.
PRIVACY & COOKIES
Your use of the RQR Website and Services is subject to the Privacy Policy posted on our Website, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by RQR. You agree that all information you provide to RQR, including by accessing and using the Services, is governed by our Privacy Policy, and you hereby expressly consent to all actions we take with respect to your information consistent with our Privacy Policy.
We may employ the use of cookies. By using our Website with cookies enabled in your browser, you consent to the use of cookies in accordance with our Privacy Policy.
ACCESSING THE SERVICES AND USING OUR WEBSITE
You may need to provide certain details or other information to access the Services, submit an application, or otherwise take advantage of some of the resources it our Website offers. It is a condition of your use of the Website and Services that all the information you provide in connection with the Website and Services is correct, current, and complete.
The Website and Services are controlled and operated by RQR from its offices within the United States. RQR makes no representation that the information or materials on or linked through the Website or Services are appropriate or available for use in other locations. Those who choose to access the Website or Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so.
You shall not use the Website or Services for any purposes beyond the scope of the access granted by these Terms. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Website or Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website or Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website or Services, in whole or in part; (iv) remove any proprietary notices from the Website or Services; or (v) use the Website or Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
In connection with the Website, you must not: (i) transmit or otherwise make available through or in connection with the Website, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software or routine that interferes with the Website; (iii) use the Website in an unlawful or fraudulent manner, including by at any time misrepresenting your identity or impersonating another person in any way; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (v) use any automatic device, process or means to access the Website for any purpose, including monitoring or copying content on the Website; and (vi) otherwise attempt to interfere with the proper working of the Website.
With respect to any information you submit to RQR via the Website or Services, you grant to RQR a non-exclusive, sublicensable, perpetual, worldwide, royalty-free license to display, access, view, store, and/or download such information, materials, and submissions ("Submissions"), and post or forward Submissions to others, for the purpose of providing you the Services or any other use described in our Privacy Policy. You represent and warrant that: (i) you own or control all rights in and to such information, materials, or submissions and have the right to grant the foregoing license above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (iii) all of your Submissions do and will comply with these Terms and applicable laws, rules, and regulations.
COPYRIGHT
All content included on or made available through the RQR Website and Services, such as text, graphics, logos, images, audio clips, digital downloads, and data compilations is the property of RQR or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content included in or made available through the Website and Services is the exclusive property of RQR and protected by United States and international copyright laws.
Unless otherwise noted, you may not reproduce, duplicate, republish, sell, rent, or otherwise redistribute any material published on the Website without express written permission from RQR.
HYPERLINKS
Hyperlinking to RQR Content
You may publish links to the RQR Website only if:
Hyperlink Removal
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Website. You agree to remove all links to our Website within a reasonable timeframe upon such request. We also reserve the right to amend these terms and conditions and our linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.
Links to Third-Party Websites
The RQR Website and Services may contain links to third-party websites. These links are provided for your convenience only. RQR has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website, you do so entirely at your own risk and your use of that site is subject to its own policies.
DISCLAIMER OF WARRANTIES
THE RQR WEBSITE AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE RQR WEBSITE AND SERVICES IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND RQR HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER RQR NOR ANY PERSON ASSOCIATED WITH RQR MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE RQR WEBSITE OR SERVICES OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER RQR NOR ANYONE ASSOCIATED WITH RQR REPRESENTS OR WARRANTS THAT THE WEBSITE, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RQR WEBSITE AND SERVICES OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
We will not be liable if for any reason all or any part of the Website or our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
LIMITATION OF LIABILITY
IN NO EVENT WILL RQR, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND SERVICES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE RQR WEBSITE AND SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK.
IN NO EVENT WILL RQR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $100.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless RQR and its officers, directors, employees, agents, licensors and content providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms, or your use of the RQR Website or Services.
Governing Law and Venue
These Terms are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in Hennepin County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.
MISCELLANEOUS
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us via the contact information below:
RQR Capital, LLC
privacy@rqrcapital.com