Last modified: 10/2023
This Agreement is entered into by and between you and EBH Capital Management LLC (DBA QuantStreet Capital) (“Company,” “QuantStreet,” “we,” or “us”), a New York registered investment adviser. The following terms and conditions, together with the Privacy Policy (link at bottom of page), govern your use of www.quantstreetcapital.com (the “Website”) and its content. By using the Website, you agree to be bound by the Terms of Use and Privacy Policy, so please read them carefully. If you do not want to agree to the Terms of Use or Privacy Policy, then you must not access or use the Website.
Age and Geographic Restrictions
This Website is offered and available to users who are at least 18 years old and reside in the United States or its territories. By using this Website, you represent and warrant that you are at least 18 years old and reside in the United States or its territories. If you do not meet those requirements, then you must not access or use the Website. The owner of the Website is based in the State of New York in the United States. We make no claims that the Website or any of its content is accessible, legal, or appropriate outside of the United States.
General Information
The provision of investment adviser services by QuantStreet Capital is governed by each client’s Investment Management Agreement, while the provision of consulting services to other investment advisers is governed by each client’s Consulting Agreement (“Client Agreements”). Prospective clients should read the relevant Client Agreement carefully prior to engaging QuantStreet Capital. This Website is publicly available for all users, the majority of whom are not clients and have not entered into a Client Agreement with QuantStreet. The use of this Website shall be governed by these Terms and Conditions, while the provision of investment adviser or consulting services shall be governed by the relevant Client Agreement.
Educational Use Only–Not Investment Advice
The website is provided for general educational and informational purposes only. No opinion expressed on the Website should be relied on as investment, financial planning, tax, or legal advice. Any mention of financial securities, companies, financial market indexes, or other financial products does not constitute and should not be considered an investment recommendation.
Investing Involves Risk
Investing in financial markets involves risks. Investors may lose money. Diversification, rebalancing, and asset allocation do not ensure a profit or protect against loss in adverse market conditions. There are many factors that affect future risks and returns that we are unable to anticipate.
Past Performance and Forward-Looking Statements
Analyses and opinions contained on this Website may be based on assumptions that, if altered, can significantly change the analyses or opinions expressed therein. Nothing contained in this Website shall constitute any representation or warranty as to future performance of any financial instrument, credit, currency rate, or other market or economic measure. The past performance of any securities or strategies discussed on this Website are not a guarantee of future results. Current and future performance may be higher or lower.
Certain information contained in the Website constitutes “forward-looking statements,” which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “target,” “project,” “estimate,” “intend,” “continue,” “seek,” or “believe” or the negatives thereof or other variations thereon or comparable terminology. Due to various risks and uncertainties, actual events, results, or performance may differ materially from those reflected or contemplated in such forward-looking statements. No undue reliance should be placed on these forward-looking statements or any other content of the Website without independent research and analysis. The inclusion of forward-looking statements should not be regarded as a representation that any strategy, objectives, or other plans will be achieved.
Independent Investment Research and Decision-Making
By using this Website, you affirm that you possess, either individually or through your advisers, sufficient investment expertise to understand the risks involved in any purchase or sale of financial instruments discussed on this Website. You further agree that you and/or your advisers are responsible for conducting your own investment research and making your own investment decisions. You agree not to rely on this Website to make investment decisions.
The information presented on the Website is made available solely for general educational and informational purposes. We do not warrant the accuracy, completeness, currentness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from your reliance on the Website, and we shall not be liable for any actions you take based on the information you accessed on this Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website and its contents at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is 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.
You are responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms of Use and comply with them.
While using the website, you may choose to submit certain personal information and comments using forms on the Website. Likewise, to access certain parts of the website, you may choose to provide registration details and other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide on the Website is governed by our Privacy Policy (link at bottom of page), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you create or receive 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 acknowledge that your account is personal to you and agree not to provide any other person with access to this Website 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 of which you become aware. 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.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Recording
We may monitor, record, and archive your telephone calls, emails, text messages, chats, and other communications with QuantStreet, including for quality control, employee training, legal and compliance reasons, and other lawful purposes. You hereby give ongoing consent to such recording, which does not need to be confirmed when recording begins, except where applicable law provides otherwise.
Intellectual Property Rights
The Website 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 the Company, 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 Website only for your personal, non-commercial use or for a legitimate business purpose relating to your role as a current or prospective client. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for either your own personal, non-commercial use or a legitimate business purpose, but not for further reproduction, publication, or distribution.
- Notwithstanding the foregoing, if you download content from the Website as part of a subscription service, then you may use that content as the subscription allows.
- For example, if a business subscription to QuantStreet research reports allows those reports to be distributed to employees, then you may print the number of copies needed for that purpose.
You must not modify copies of any materials from this site, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to hello@quantstreetcapital.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Website in breach of the Terms of Use, then your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by the Terms of Use is a breach of this Agreement and may violate copyright, trademark, and other laws.
Trademarks
The Company name and logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website 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 Website
All information we collect on this Website is subject to our Privacy Policy (link at bottom of page). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website
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 present a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, do not endorse or approve them, 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 third-party website linked to from this Website, then you do so entirely at your own risk and subject to the terms and conditions of use for such other website.
This Website may include content provided by third parties, including materials provided by bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in those materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing the materials, which do not necessarily reflect the opinion of the Company. We are not responsible or liable to you for the content or accuracy of any materials provided by third parties.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE.
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, UP TO DATE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 A PARTICULAR PURPOSE.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, PARTNERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY LINKED WEBSITES, ANY CONTENT ON THE WEBSITE OR LINKED WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF OPPORTUNITY, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set forth above does not apply to liability resulting from our gross negligence or willful misconduct. The foregoing also does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, partners, employees, contractors, agents, licensors, suppliers, successors, and assignees 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 or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
The parties agree that all actions or proceedings arising in connection with this Agreement will be tried and litigated exclusively in the United States federal and state courts located in the State of New York and the County of Westchester. This choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than as specified in this paragraph.
Each party waives any right it may have to assert the doctrine of forum non conveniens or any similar doctrine, or to object to venue with respect to any proceeding brought in accordance with this provision, and stipulates that the United States federal and state courts located in the State of New York and the County of Westchester have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement.
Any final judgment rendered against a party in any action or proceeding will be conclusive as to the subject of the final judgment and may be enforced in other jurisdictions in any manner provided by law.
This agreement is to be construed in accordance with and governed by the laws of the State of New York, without regard to the principles of conflicts of laws thereof.
Waiver and Severability
No waiver by the Company of any term or condition set out 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Headings for Reference Only
The headings in this agreement are for reference only and do not impact the interpretation of this agreement.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the entire Agreement between you and QuantStreet Capital regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Comments and Concerns
This website is operated by QuantStreet Capital with an address at 1333A North Avenue, Suite 743, New Rochelle, NY, 10804. All feedback, comments, notices of copyright infringement claims, or other communications regarding the Website should be sent to hello@quantstreetcapital.com.
ACWI Note