MicroQuant, LLC d/b/a basecamptrading.com

 

Terms of Use

 

Last Modified: February 19, 2020

 

Welcome to the basecamptrading.com website (the “Site”) operated by MicroQuant, LLC (“MicroQuant”, “MQ”, “us”, or “we”), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the “Materials”) and all services offered on or through the Site (collectively, the “Services”). The operation of the Site, availability of the Materials, and provision of the Services are referred to collectively herein as the “MQ Services”. This Terms of Use Agreement (together with any documents incorporated herein by reference, the "Terms of Use") sets forth the legally binding terms for your use of the MQ Services.

 

Please read these Terms of Use carefully before you use the Site or the mq services. By accessing, visiting or using this Site or the mq services in any way, including without limitation, use of any of the Services, downloading any of the Materials or merely browsing the Site, you accept and agree to the terms and conditions contained herein and our Privacy Policy, found at https://basecamptrading.com/privacy-policy/ and incorporated herein by reference.

 

By using the MQ Services, you agree to be bound by these Terms of Use, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means that you have registered as a member on the Site). The term "User" refers to both a Visitor and a Member. You are only authorized to use the MQ Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations, these Terms of Use, our Privacy Policy, and any additional terms of service pertaining to for any MQ Services offered through the Site. If you do not agree, do not access or use the MQ Services and discontinue any ongoing use of the MQ Services immediately. If you wish to become a registered User, communicate with other Users and make use of the MQ Services, you must read these Terms of Use and indicate your acceptance during the membership registration process. These Terms of Use include, without limitation, our policy for acceptable use of the MQ Services and content posted on the Site, your rights, obligations and restrictions regarding your use of the MQ Services, our Privacy Policy, and any additional terms and conditions applicable to MQ Services offered though the site.

 

Changes to the Terms of Use

We reserve the right to revise, amend, remove, add to or otherwise update these Terms of Use and other guidelines or rules posted on the Site at any time in our sole discretion. All changes are effective immediately when we post them on the Site, and apply to all access to and use of the Site thereafter. Your continued use of the MQ Services following the posting of revised Terms of Use constitutes your acceptance to such changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you breach any of the Terms of Use, your authorization to use the Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

 

Eligibility to Use the MQ Services

Use of and registration for the MQ Services is void where prohibited. By using the MQ Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) all information you post on the MQ Services including your profile is truthful and accurate; (c) you will maintain the accuracy of all such information; (d) you are eighteen (18) years of age or older; and (e) your use of the MQ Services does not violate any applicable law or regulation. If we believe that you are under eighteen (18) years of age or you provided dishonest and/or inaccurate information in your registration, your profile may be deleted and your Member registration may be terminated without warning.

 

No Individual Investment Advice

The MQ Services and any opinions, news, research, analysis, prices or other information contained therein, is for informational and educational purposes only and does not constitute investment advice. MQ does not provide individual or customized legal, tax, accounting or investment advice and you should not construe any information provided by MQ as such advice. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions. You acknowledge that you enter into any transactions relying on your own judgment and that you are fully responsible for any investment or trading decisions you make, and such decisions should be based solely on your evaluation of your financial circumstances, investment or trading objectives, risk tolerance and liquidity needs. Nothing contained in the MQ Services constitutes a solicitation, recommendation, endorsement, or offer by MQ or any third party service provider to buy or sell any securities or other financial instruments in any jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction. Trades made by MQ and MQ’s owners, officers, employees, agents, and independent contractors, as well as profits and losses from such trades, may be viewable throughout the MQ Services. MQ in no way represents that similar results may be achieved by any User. In no event shall MicroQuant be held liable for losses incurred in connection with any decision made by any party based on information provided verbally, in writing or via the internet by our representatives, or any delays, inaccuracies, errors, or omissions in or relating to such information.

 

Investment Risk Disclosure

There are risks associated with investing in securities which may not be suitable for everyone. Investing in stocks, bonds, exchange traded funds, mutual funds, futures, options, currency markets and money market funds involve large potential for reward, but also a risk of loss or part or all of your principal. If you are trading futures, there is a chance that your account can go negative, and that you will end up owing money to your broker. Past investment performance is not a guarantee or predictor of future investment performance. MQ does not make any guaranteeor other promise as to any results that may be obtained from using the MQ Services. No one should make any investment decision without first consulting his or her own financial advisor and conducting his or her own research and due diligence.

Options involve risk and are not suitable for all investors. Prior to buying or selling an option, investors must read a copy of the Characteristics & Risks of Standardized Options, also known as the options disclosure document (“ODD”). Go to http://www.optionsclearing.com/about/publications/character-risks.jsp  for an explanation of the characteristics and risks of exchange traded options. Copies of the ODD are available from your broker, from any exchange on which options are traded, by placing an order online, or by calling 1-888-OPTIONS (1-888-678-4667), or from The Options Clearing Corporation, One North Wacker Drive, Suite 500, Chicago, Illinois 60606.

Any hypothetical example is not intended to be indicative of any specific investment. Hypothetical results are for illustrative purposes only and are not intended to represent the past or future performance of any specific investment. Past performance is no guarantee of future success.

By accessing, visiting, or using the Site or the MQ Services in any way, you acknowledge the risks involved in trading stocks, bonds, exchange traded funds, mutual funds, futures, options, currency markets and money market funds and that you, not MicroQuant, LLC, are solely responsible for any losses, financial or otherwise, as a result of using the MQ Services. To the maximum extent permitted by law, MicroQuant, LLC disclaims any and all liability in the event any information, commentary, analysis, opinions, advice and/or recommendations prove to be inaccurate, incomplete or unreliable, or result in any investment or other losses.

 

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, the Materials and the Services, or any other MQ Services, in our sole discretion without notice. We will not be liable if for any reason, all or any part of the MQ Services are unavailable at any time or for any period. From time to time, we may restrict access to part or all of the MQ Services to Users.

You are responsible for:

·         Making all arrangements necessary for you to have access to the Site.

·         Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the some or all of the MQ Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the MQ Services, including but not limited to your use of the Site, that all the information you provide to register for the MQ Services is correct, current and complete. You agree that all information you provide to register for the MQ Services or otherwise provide on the Site, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the MQ Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

MQ has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Intellectual Property Rights

The MQ Services, including but not limited to the Site, and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MQ, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the MQ Services for your personal, non-commercial use only. The MQ Services and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MicroQuant. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material provided through the MQ Services, provided however that MQ grants you a limited personal use license to:

 

·         Temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

·         Store files that are automatically cached by your web browser for display enhancement purposes.

·         Download or print one copy of a reasonable number of pages of the Site or the Materials for your own personal, non-commercial use and not for further reproduction, publication or distribution, provided that such content is not modified and all proprietary notices are kept intact.

·         If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

·         If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You must not:

 

·         Modify copies of any Materials.

·         Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

·         Delete or alter any copyright, trademark or other proprietary rights notices from copies of Materials.

·         Access or use for any commercial purposes any part of the MQ Services, including but not limited to the Site, Materials and Services.

·         Copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the MQ Services and materials contained therein, except as expressly provided herein.

·         Use any data mining, robots, or similar data gathering and extraction methods in connection with the MQ Services.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the MQ Services in breach of the Terms of Use, or otherwise breach these Terms of Use (including but not limited to this Intellectual Property Rights section), your right to use the MQ Services will cease immediately and you must, at our option, return or destroy any copies of the Materials, content or the Site, or content provided pursuant to the Services, or any other content provided pursuant to the MQ Services you have made. No right, title or interest in or to the MQ Services or any content contained therein is transferred to you, and all rights not expressly granted are reserved by MicroQuant. Any use of the MQ Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws.

 

Trademarks

Any MicroQuant logos and/or trademarks that appear on or in the MQ Services, including but not limited to the MicroQuant name, the MicroQuant logo and all related names, logos, product and service names, designs and slogans are the exclusive property of MicroQuant. You must not use such marks without the prior express written consent of MicroQuant. All other names, logos, product and service names, designs and slogans contained in the MQ Services are the trademarks of their respective owners and may not be used without the express written consent of such owners.

 

Prohibited Uses

You may use the MQ Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the MQ Services:

 

·         In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

·         For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

·         To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

·         To collect names and/or contact information (including but not limited to email addresses) of Users for the purpose of sending unsolicited email or unauthorized framing of or linking to the MQ Services.

·         To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

·         To impersonate or attempt to impersonate MicroQuant, a MicroQuant employee, User, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).

·         To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the MQ Services, or which, as determined by us, may harm MicroQuant or the Users, or expose them to liability.

·         Use the MQ Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the MQ Services, including their ability to engage in real time activities through the MQ Services.

·         Use any robot, spider or other automatic device, process or means to access the MQ Services for any purpose, including monitoring or copying any of the material contained in the MQ Services.

·         Use any manual process to monitor or copy any of the material contained in the MQ Services or for any other unauthorized purpose without our prior written consent.

·         Use any device, software or routine that interferes with the proper working of the MQ Services.

·         Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

·         Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the MQ Services, the server on which the MQ Services are stored, or any server, computer or database connected to the MQ Services.

·         Attack the MQ Services via a denial-of-service attack or a distributed denial-of-service attack.

·         Otherwise attempt to interfere with the proper working of the MQ Services.

 

User Contributions

The MQ Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, videos, webinars, polls and surveys, calculators, assessments, e-books and white papers, other messaging features and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other Users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the MQ Services, including but not limited to the Site.

 

You are solely responsible for (a) the User Contributions that you post on or through any of the MQ Services, (b) any material or information that you transmit to other Users through the Interactive Services or otherwise, and (c) for your interactions with other Users. We do not endorse or control such User Contributions. User Contributions are not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions or policies of MicroQuant. MicroQuant makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Users.

 

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution through the MQ Services, you grant MicroQuant and our Users, affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

 

·         You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our Users, affiliates and service providers, and each of their and our respective licensees, successors and assigns.

·         All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MicroQuant, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

 

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any User.

 

Monitoring and Enforcement; Termination

We reserve the right to investigate and take appropriate legal action against anyone who violates these Terms of Use, including but not limited to Content Standards. We have the right to:

 

·         Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·         Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users or the public or could create liability for MicroQuant.

·         Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·         Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the MQ Services.

·         Terminate or suspend your access to all or part of the MQ Services for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the MQ Services. YOU WAIVE AND HOLD HARMLESS MICROQUANT AND ITS USERS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we cannot and do not undertake to review all material before it is posted on the MQ Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, nor does MQ has any responsibility for monitoring the MQ Services for inappropriate content. If at any time MicroQuant chooses, in its sole discretion, to monitor the MQ Services, MQ nonetheless assumes no responsibility for Prohibited Content (as defined below), no obligation to modify or remove any Prohibited Content, and no responsibility for the conduct of the User submitting any such inappropriate or Prohibited Content.

 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. The following is a partial list of the kind of content that is illegal or prohibited to post on or through the MQ Services ("Prohibited Content"). MQ reserves the right to investigate and take appropriate legal action against anyone who, in MQ’s sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the MQ Services and terminating the User registration of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MQ:

 

·         Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

·         Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

·         Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

·         Violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

·         Is likely to deceive any person.

·         Is like to cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

·         Harasses or advocates harassment of another person.

·         Impersonates any person, or misrepresent your identity or affiliation with any person or organization.

·         Solicits information from anyone under the age of eighteen (18).

·         Provides any telephone numbers, street addresses, last names, URLs or email addresses other than in connection with the MQ Services;

·         Promotes information that you know is false or misleading.

·         Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

·         Gives the impression that they emanate from or are endorsed by us or any other person or entity.

·         Proports to provide individual or customized legal, tax, accounting or investment advice, or otherwise solicit investment in any stocks, bonds, exchange traded funds, mutual funds, futures, options, currency markets and money market funds.

·         Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming" or anything similar that may exist now or in the future.

·         Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

·         Furthers, promotes, assists or advocates any unlawful activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone's privacy, or providing or creating computer viruses.

·         Solicits passwords or personal identifying information for commercial or unlawful purposes.

·         Includes a photograph, video or likeness of another person that you have posted without that person's consent.

 

Intellectual Property Infringement Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of MicroQuant to terminate the User registration of any User who infringes the intellectual property rights of others upon receipt of proper notification to MicroQuant by the intellectual property rights owner or the intellectual property rights owner's legal agent. Without limiting the foregoing, if you believe that your work has been posted on the MQ Services in a way that constitutes intellectual property infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest; (ii) a description of the protected work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the MQ Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property rights owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property rights owner or authorized to act on the intellectual property rights owner's behalf. Such notice of alleged intellectual property rights infringement may be sent to: billing@microquant.com, or any other address that MicroQuant deems appropriate for the receipt of such information.

 

User Disputes

You are solely responsible for your interactions with other MicroQuant Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

 

Reliance on Information Posted

The information presented on or through the MQ Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, regardless of whether such information is posted by MicroQuant, Users, or any hardware, software, or functionality associated with or utilized in the MQ Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any User of the MQ Services, or by anyone who may be informed of any of its contents.

 

The MQ Services may include content provided by third parties, including materials provided by Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MQ, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MQ and their inclusion in the MQ Services does not imply approval or endorsement by MicroQuant. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Site

We may update the content contained in the MQ Services from time to time, but such content is not necessarily complete or up-to-date. Any of the material contained in the MQ Services may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Site

All information we collect via the MQ Services is subject to our Privacy Policy. By using the MQ Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Online Purchases and Other Terms and Conditions

All purchases through the Site and/or the MQ Services or other transactions for the sale of goods, services, or information formed through the MQ Services or the Site or as a result of visits made by you are governed by the terms of service, terms of sale, end-user license agreement, or other license agreement pertaining to the such goods, services, or information, which such terms are hereby incorporated into these Terms of Use by reference.

Workshops and Courses Terms of Use

Indicator Terms of Use

 

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

The MQ Services may provide certain social media features that enable you to:

 

·         Link from your own or certain third-party websites to certain content contained in the MQ Services.

·         Send e-mails or other communications with certain content, or links to certain content, contained in the MQ Services.

·         Cause limited portions of content contained in the MQ Services to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

 

·         Establish a link from any website that is not owned by you.

·         Cause the MQ Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

·         Link to any part of the MQ Services other than the homepage.

·         Otherwise take any action with respect to the materials contained in the MQ Services that is inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our sole discretion.

 

Links from the Site

If the MQ Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only and are not endorsed by MQ. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the MQ Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

The owner of the MQ Services is based in the state of Texas in the United States. Access to the MQ Services may not be legal by certain persons or in certain countries. If you access the MQ Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the MQ Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MQ SERVICES OR ANY MATERIALS, GOODS, INFORMATION, SERVICES, OR ITEMS OBTAINED THROUGH THE MQ SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE MQ SERVICES, OR ON ANY WEBSITE LINKED TO THE MQ SERVICES.

 

YOUR USE OF THE MQ SERVICES, ITS CONTENT AND ANY MATERIALS, GOODS, INFORMATION, SERVICES, OR ITEMS OBTAINED THROUGH THE MQ SERVICES IS AT YOUR OWN RISK. THE MQ SERVICES, ITS CONTENT AND ANY MATERIALS, GOODS, INFORMATION, SERVICES, OR ITEMS OBTAINED THROUGH THE MQ SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNEES FOR A PARTICULAR PUPORSE, OR NON-INFRINGEMENT. Without limiting the foregoing, NEITHER MICROQUANT NOR ANY PERSON ASSOCIATED WITH MICROQUANT MAKES ANY WARRANTY OR REPRESENTATION THAT: (i) the MQ Services will meet your requirements; (ii) the MQ Services will be uninterrupted, ACCURATE, timely, RELIABLE, secure, or error-free; (iii) the results that may be obtained from the use of the MQ Services will be effective, accurate, or reliable; (iv) the quality of any MATERIALS, GOODS, INFORMATION, SERVICES, OR ITEMS obtained or accessible by you through the MQ Services will meet your expectations; (v) any errors or defects in the MQ Services will be corrected; OR ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

MICRO QUANT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation of Liability

IN NO EVENT WILL MICROQUANT, ITS SUBSIDIARIES OR AFFILIATES OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OWNERS OR MEMBERS 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 MQ SERVICES, ANY WEBSITES LINKED TO THE MQ SERVICES, ANY CONTENT CONTAINED WITHIN THE MQ SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MQ SERVICES SUCH OTHER WEBSITES, USER CONTRIBUTIONS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, OR any Services available through the Site that are delayed or interrupted INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless MicroQuant, its subsidiaries, affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, your use of the MQ Services, including, but not limited to, your User Contributions, any use of the content contained within the MQ Services, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the MQ Services.

 

Governing Law and Jurisdiction

All matters relating to the MQ Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the MQ Services shall be instituted exclusively in the state and federal courts located in the State of Texas in each case located in Wichita County, Texas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration

In MicroQuant’s sole discretion, we may require you to submit any disputes arising from your use of the MQ Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

 

Limitation on Time to File Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE MQ SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE, THE MATERIALS AND THE SERVICES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver

No waiver by MicroQuant of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MicroQuant to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Severability

If any term or provision of these Terms of Use is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from these Terms of Use, and such provision shall not affect the legality, enforceability, or validity of the remainder of these Terms of Use. If any provision or part thereof of these Terms of Use is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.

 

Entire Agreement

These Terms of Use, our Privacy Policy, and any relevant terms of service, terms of sale, end-user license agreement, or other license agreement pertaining to goods, services, or information obtained through the MQ Services constitute the sole and entire agreement between you and MicroQuant with respect to the MQ Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the MQ Services. No joint venture, partnership, employment, or agency relationship exists between you and MQ as a result of these Terms and Conditions or your use of the MQ Services.

 

No Third Party Rights

No provision of these Terms of Use provides any person or entity not a party to these Terms of Use with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

 

Non-Transferable

These Terms of Use and any Member access granted to you is not transferable by you in any way and may not be assigned to any third party without our written consent. MicroQuant may transfer these Terms of Use and the MQ Services to a third party without notice to you.

 

Your Comments and Concerns

The Site is operated by MicroQuant, LLC, with its principal office located at 811 Sixth Street, Suite 220 Wichita Falls, TX 76301.

 

All notices of intellectual infringement claims should be sent to the email address designated in the Intellectual Property Rights Infringement Policy section of these Terms of Use.

 

All other feedback, comments, requests for technical support and other communications relating to the MQ Services should be directed to: support@basecamptrading.com.