Updated: Sep 7, 2010
Kwanti may modify this Agreement from time to time and post the amended Agreement on this site. You are responsible for reviewing the changes. Continued use of Kwanti Portfolio Analytics after a change in the services or a change to this Agreement means that you accept the changes.
Kwanti, Inc. is not a registered investment advisor.
The information and tools on this web site are for informational
and do not constitute advice for investment or trading.
You assume full responsibility with respect to your investment decisions. Kwanti and its employees will have no liability with respect to your investment decisions.
You understand and agree that, while the information contained in or accessed through (including through use of hyperlinks) the use of Kwanti Portfolio Analytics, or found on the Kwanti website, is obtained from sources which Kwanti considers reliable, neither Kwanti nor its third-party providers make any representation, warranty, covenant or guarantee as to its accuracy, completeness or timeliness.
Kwanti grants you a limited, non-transferable, non-exclusive license (the "License") to use Kwanti Portfolio Analytics for so long as this Agreement remains in effect. "Use" herein means that you may load, execute and display the software. Except as expressly provided herein, you shall not copy, modify, disable any features, disassemble, decompile, reverse engineer, duplicate, sublicense or otherwise transfer or manipulate Kwanti Portfolio Analytics, or any part thereof, or the information contained therein. You may not copy the software onto any public or publicly accessible network.
You shall use Kwanti Portfolio Analytics solely and exclusively for your own use, and will not share your password with any other person.
You will access and sign on to Kwanti Portfolio Analytics by using your Kwanti User ID and sign-in password. You understand and agree that you will be solely responsible for all information entered through Kwanti Portfolio Analytics using your User ID and sign-in password. You shall notify Kwanti immediately upon becoming aware of any unauthorized use of your User ID, sign-in password, or any other attempted or actual unauthorized access.
Minimum System Requirements
In order to effectively utilize Kwanti Portfolio Analytics, you must maintain the following minimum system requirements:
- 1Ghz (or higher) Pentium processor.
- Windows XP/Vista/7 or Mac OSX or Linux compatible.
- Minimum 1GB MB of RAM with at least 200MB unused RAM available while running Kwanti Portfolio Analytics.
- Internet Explorer (6.01 or above), or Mozilla Firefox (3.0 or above), or Google Chrome, or Apple Safari
- Adobe Flash Player (11.2 or above)
Types of Securities
User understands and agrees that Kwanti Portfolio Analytics is currently available solely for analyzing portfolios of equity securities, ETFs and mutual funds traded in the United States' NYSE and NASDAQ exchanges.
Kwanti Portfolio Analytics and the contents on Kwanti website, such as tools,
graphics and text, are the property of Kwanti.
You may download, print, export data from the web site or portions
thereof but only in connection with your own personal use.
Kwanti has the right to terminate or otherwise limit your access to Kwanti Portfolio Analytics at any time for any or no reason, with or without notice.
Loss Due to Extraordinary Events. Performance of any obligation hereunder by Kwanti shall be excused if prevented by acts of God, other third party service providers, public enemy, fire or other casualty, labor dispute, communications, computer, software, hardware or equipment failure, act or omission of any market center, utility, communications service, common carrier, Internet or network access or backbone provider or information provider, or any other circumstances beyond Kwanti's reasonable control.
Governing Law. Exclusive Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. To the extent any dispute arising under this Agreement is not governed by the mandatory and binding arbitration provisions herein, all parties submit to exclusive jurisdiction and venue in the appropriate state or federal court State of California.
Disclaimer of warranties. USER UNDERSTANDS AND AGREES THAT THE KWANTI PORTFOLIO ANALYTICS SOFTWARE AND SERVICE (INCLUDING BETA VERSIONS) IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER KWANTI NOR ANY THIRD PARTY SUPPLIER MAKES ANY WARRANTY, REPRESENTATION OR GUARANTY AS TO THE ACCESSIBILITY, COMMUNICATION LINKS, SEQUENCE, ACCURACY, TRUTH, TIMELINESS, OR COMPLETENESS, OF ANY MARKET INFORMATION OR OTHER INFORMATION OR DATA FURNISHED HEREUNDER OR THAT ANY SUCH INFORMATION OR DATA DISSEMINATED MAY BE RELIED UPON FOR INVESTMENT OR OTHER PURPOSES. WITHOUT LIMITING THE FOREGOING, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. USER ACKNOWLEDGES THAT IT IS THE RESPONSIBILITY OF USER TO VERIFY ANY INFORMATION UPON WHICH IT ELECTS TO USE WHEN TAKING ANY ACTION WITH FINANCIAL CONSEQUENCES. USER SHALL CONDUCT THEIR OWN INDEPENDENT RESEARCH AND DUE DILIGENCE THROUGH ITS OWN CUSTOMARY MARKET RESEARCH CHANNELS. NO EMPLOYEE, SALESPERSON, VENDOR OR OTHER AGENT OR PURPORTED AGENT OF KWANTI IS AUTHORIZED TO MAKE ANY WARRANTIES, REPRESENTATIONS OR GUARANTIES IN CONTRADICTION OF THE FOREGOING, AND USER AGREES NOT TO RELY ON ANY SUCH PURPORTED WARRANTIES, REPRESENTATIONS OR GUARANTIES.
Limitation of Liabilities. IN NO EVENT SHALL KWANTI OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, AND USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT KWANTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Indemnification. You shall indemnify and hold harmless Kwanti, its affiliates, employees, agents, successors and assigns and any other third party suppliers from and against any and all third party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including, without limitation, reasonable attorneys' fees and the costs of any investigation) directly or indirectly arising from or in any way connected with (i) User's use of or reliance on Kwanti Portfolio Analytics, including any quotations, market information or other information or data supplied, (ii) any breach of or default under the terms or conditions of this Agreement by User, and (iii) any negligence or willful misconduct by or on behalf of User or its employees or agents.