Quiver Quantitative Website and Mobile App Terms of Use

Last Modified: August 18, 2022

1.                  Acceptance of the Terms of Use

These terms of use are entered into by and between you and Quiver Quantitative, Inc. (“Quiver Quantitative”, “we” or “us”). The following terms and conditions (these “Terms of Use”) govern your access to and use of https://www.quiverquant.com, including any content, functionality and services offered on or through this website (the “Website”), whether as a guest or a registered user. These Terms of Use also govern your access to and use of our mobile application (“Mobile App”), which provides dedicated non-browser-based interaction between you and our Website.

Please read the Terms of Use carefully before you start to use the Website or Mobile App. By using the Website or Mobile App (including registering for a subscription), you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Website or Mobile App.

Our Website and Mobile App are offered and available to users who are 18 years of age or older. By using our Website or Mobile App, you represent and warrant that you are of legal age to form a binding contract with Quiver Quantitative and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Mobile App.

THESE TERMS REQUIRE DISPUTE RESOLUTION ON AN INDIVIDUAL BASIS, RATHER THAN A CLASS ACTION. 

2.                  No investment Advice; Investment Risks

BY USING THE WEBSITE OR MOBILE APP (INCLUDING THROUGH A SUBSCRIPTION), YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT PUBLISHED ON OUR WEBSITE AND MOBILE APP IS FOR INFORMATIONAL PURPOSES OF A GENERAL NATURE ONLY, AND DOES NOT CONSTITUTE A RECOMMENDATION THAT ANY PARTICULAR INVESTMENT, SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, OR INVESTMENT STRATEGY IS SUITABLE FOR YOU OR ANY OTHER SPECIFIC PERSON. NOTHING CONTAINED ON OUR WEBSITE OR MOBILE APP CONSTITUTES A SOLICITATION, RECOMMENDATION, ENDORSEMENT, OR OFFER BY QUIVER QUANTITATIVE OR ANY THIRD PARTY PROVIDER TO BUY OR SELL ANY SECURITIES OR OTHER FINANCIAL INSTRUMENTS IN ANY JURISDICTION, INCLUDING ANY JURISDICTION IN WHICH SUCH SOLICITATION OR OFFER WOULD BE UNLAWFUL UNDER THE SECURITIES LAWS OF SUCH JURISDICTION. QUIVER QUANTITATIVE IS NOT A FIDUCIARY AND WILL NOT HAVE ANY FIDUCIARY DUTIES TO YOU OR ANY THIRD PARTY BY VIRTUE OF ANY USE OF THE WEBSITE OR MOBILE APP. YOU SHOULD SEEK PROFESSIONAL INVESTMENT ADVICE PRIOR TO ENGAGING IN ANY INVESTMENT TRANSACTION.

YOU FURTHER UNDERSTAND THAT THE VIEWS EXPRESSED ON OR THROUGH THE WEBSITE OR MOBILE APP ARE THE AUTHORS’ OWN OPINIONS, AND THAT THE WEBSITE OR MOBILE APP MAY CONTAIN OPINIONS FROM TIME TO TIME WITH REGARD TO SECURITIES OR OTHER TYPES OF INVESTMENTS MENTIONED IN OTHER AREAS AVAILABLE ON OR THROUGH THE WEBSITE OR MOBILE APP, AND MAY CONFLICT WITH THE OPINIONS EXPRESSED IN OTHER AREAS AVAILABLE ON OR THROUGH THE WEBSITE OR MOBILE APP.

YOU FURTHER UNDERSTAND THAT TRADING IN SECURITIES (INCLUDING STOCKS, OPTIONS, ETFS, BONDS, AND OTHER INVESTMENT VEHICLES) INVOLVES RISK AND VOLATILITY. LOSS OF PRINCIPAL IS POSSIBLE. PAST RESULTS ARE NOT NECESSARILY INDICATIVE OF FUTURE PERFORMANCE. OUR PAST BACKTESTS, ANALYSIS, AND STRATEGY RESULTS ARE NOT A GUARANTEE OF FUTURE RESULTS. USING ANY GRAPH, CHART, FORMULA, OR OTHER DEVICE TO ASSIST IN DECIDING WHICH SECURITIES TO TRADE OR WHEN TO TRADE THEM PRESENTS MANY DIFFICULTIES AND THEIR EFFECTIVENESS HAS SIGNIFICANT LIMITATIONS, INCLUDING THAT PRIOR PATTERNS MAY NOT REPEAT THEMSELVES CONTINUOUSLY OR ON ANY PARTICULAR OCCASION. IN ADDITION, MARKET PARTICIPANTS USING SUCH DEVICES CAN IMPACT THE MARKET IN A WAY THAT CHANGES THE EFFECTIVENESS OF SUCH DEVICE.

BY ACCESSING AND USING OUR WEBSITE OR MOBILE APP (INCLUDING THROUGH A SUBSCRIPTION), YOU AGREE NOT TO HOLD QUIVER QUANTITATIVE, ITS AFFILIATES, OR ANY OTHER THIRD PARTY SERVICE PROVIDER TO QUIVER QUANTITATIVE LIABLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION OR ACTION THAT YOU MAKE OR NOT MAKE BASED ON YOUR USE OF THE WEBSITE OR MOBILE APP, INCLUDING THE INFORMATION OR OTHER CONTENT MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE OR MOBILE APP.

3.                  Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or Mobile App thereafter.

Your continued use of the Website or Mobile App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

4.                  Accessing the Website or Mobile App and Account Security

We reserve the right to withdraw or amend the Website or Mobile App, and any service or material we provide on the Website or Mobile App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Mobile App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Mobile App, or the entire Website or Mobile App, to users, including registered users.

You are responsible for:

·                     Making all arrangements necessary for you to have access to the Website or Mobile App.

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

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

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 this Website or Mobile App 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 sign out of your account at the end of each session when using a shared computer or device. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to access your account, view or record your password, or obtain other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, and to terminate any subscription, 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. We may also disable your access or terminate your subscription, if we receive a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires us to do so.

5.                  Intellectual Property Rights

The Website and Mobile App and their 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 Quiver Quantitative, 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 and Mobile App for your personal, non-commercial use only. 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 or Mobile App, except as necessary to properly display the contents of the Website or Mobile App on your device when you access the Website or Mobile App. In addition, you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. 

You must not:

·                     Modify copies of any materials from this site.

·                     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 Mobile App or any services or materials available through the Website or Mobile App. Commercial purposes do not include personal securities trading activities.

If you wish to make any use of material on the Website or Mobile App other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Mobile App in breach of the Terms of Use, your right to use the Website and Mobile App will cease 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 Mobile App or any content on the Website or Mobile App is transferred to you, and all rights not expressly granted are reserved by Quiver Quantitative. Any use of the Website or Mobile App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6.                  Trademarks

The Quiver Quantitative name, the term Quiver Strategies, the Quiver Quantitative logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Quiver Quantitative or its affiliates or licensors. You must not use such marks without the prior written permission of Quiver Quantitative. All other names, logos, product, and service names, designs, and slogans on the Website or Mobile App are the trademarks of their respective owners.

7.                  Prohibited Uses

You may use the Website and Mobile App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Mobile App:

·                     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 US or other countries).

·                     To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Mobile App, or which, as determined by us, may harm Quiver Quantitative or users of the Website or Mobile App or expose them to liability.

Additionally, you agree not to:

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

·                     Use any robot, spider, or other automatic device, process, or means to access the Website or Mobile App for any purpose, including monitoring or copying any of the material on the Website or Mobile App.

·                     Use any manual process to monitor or copy any of the material on the Website or Mobile App 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 Website or Mobile App.

·                     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 Website or Mobile App, the servers on which the Website or Mobile App are stored, or any server, computer, or database connected to the Website or Mobile App or data stored therein.

·                     Attack the Website or Mobile App via a denial-of-service attack or a distributed denial-of-service attack.

·                     Otherwise attempt to interfere with the proper working of the Website or Mobile App.

8.                  Reliance on Information Posted

The information presented on or through the Website or Mobile App is made available solely for general information purposes. Due to various factors, including limitations of the data collection process and our underlying sources, the content on our site may be lagged, outdated, or otherwise inaccurate. We do not warrant the accuracy, completeness, or usefulness of this information. 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 other visitor to the Website or Mobile App, or by anyone who may be informed of any of its contents.

The Website and Mobile App include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. 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.

9.                  No Legal or Accounting Advice

Quiver Quantitative Inc. is neither a law firm nor a certified public accounting firm and no portion of our Website or Mobile App, our newsletter content, or any other correspondence from us should be construed as legal or accounting advice (including any tax advice).

10.              Changes to the Website and Mobile App

We may update the content on the Website or Mobile App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Mobile App may be out of date at any given time, and we are under no obligation to update such material.

11.              Information About You and Your Visits to the Website or Mobile App

All information we collect on our Website and Mobile App is subject to our Privacy Notice. By using the Website or Mobile App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

12.              Subscription Terms

Some areas of our Website or Mobile App may only be accessible if you have purchased a subscription. Subscriptions may be purchased on a month-to-month or yearly basis. You agree that by registering for a subscription, you are offering to buy a subscription for the term you select, and that your subscription is non-cancellable, except as otherwise set forth in these Terms of Use. A subscription is a right and license to access the Website or Mobile App, or a portion thereof, and you do not acquire any ownership interest in the Website or Mobile App or the content provided on the Website or Mobile App other than to use the same in accordance with the limited license granted and subject to all terms, conditions, and restrictions under these Terms of Use. Quiver Quantitative and its licensors reserve and shall retain their entire right, title, and interest in and to the Website and Mobile App and its contents as further described in Section 5 of these Terms of Use.

You will be billed in advance on a recurring and periodic basis based on the term you select when you register for your subscription (the “Billing Cycle”). At the end of each Billing Cycle, your subscription will automatically renew under the same terms and conditions unless you cancel it or Quiver Quantitative cancels it. You may cancel your subscription either through your online account management page or by contacting Quiver Quantitative at the contact information below.

Prices and terms of payments for subscriptions are subject to change without notice, however, you will only be charged the new price when your current subscription renews. Subscription prices do not include any applicable taxes, if any, which will be added to your total when you purchase the subscription.

We accept American Express, Visa, Mastercard, and Discover/Diners credit cards for all subscription purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

13.              Linking to the Website or Mobile App

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 consent. You must not:

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

·                     Cause the Website or Mobile App or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, in-line linking, or posting screenshots on any other site.

·                     Otherwise take any action with respect to the materials on the Website or Mobile App that is inconsistent with any other provision of 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.

14.              Links from the Website or Mobile App

If the Website or Mobile App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. 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 or on our Website or Mobile App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15.              Geographic Restrictions

The owner of the Website and Mobile App is based in the state of Wisconsin in the United States. We provide the Website and Mobile App for use only by persons located in the United States, Europe, and the United Kingdom. We make no claims that the Website or Mobile App or any of their content is accessible or appropriate outside of the United States, Europe, or the United Kingdom. Access to the Website or Mobile App may not be legal by certain persons or in certain countries. If you access the Website or Mobile App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16.              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 or Mobile App 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 Website or Mobile App 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 WEBSITE OR MOBILE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR MOBILE APP, OR ON ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE WEBSITE OR MOBILE APP.

YOUR USE OF THE WEBSITE OR MOBILE APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APP IS AT YOUR OWN RISK. THE WEBSITE AND MOBILE APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER QUIVER QUANTITATIVE NOR ANY PERSON ASSOCIATED WITH QUIVER QUANTITATIVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR MOBILE APP. WITHOUT LIMITING THE FOREGOING, NEITHER QUIVER QUANTITATIVE NOR ANYONE ASSOCIATED WITH QUIVER QUANTITATIVE REPRESENTS OR WARRANTS THAT THE WEBSITE OR MOBILE APP, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APP WILL BE ACCURATE, RELIABLE, 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 OR MOBILE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

QUIVER QUANTITATIVE 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.

WE DO NOT GUARANTEE OR WARRANTY THAT ANY DATA SETS, INFORMATION, STRATEGIES, OR OTHER PRODUCTS OR SERVICES WILL PRODUCE A PARTICULAR RESULT OR OUTCOME IF UTILIZED FOR INVESTMENT PURPOSES.

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

17.              Limitation on Liability

IN NO EVENT WILL QUIVER QUANTITATIVE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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 OR MOBILE APP, ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE WEBSITE OR MOBILE APP, ANY CONTENT ON THE WEBSITE OR MOBILE APP OR SUCH OTHER WEBSITES OR MOBILE APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APP OR SUCH OTHER WEBSITES OR MOBILE APPLICATIONS, 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. In the event you have purchased a subscription, in no circumstances will our total liability exceed the actual amount paid by you for your current term of your subscription, not to exceed twelve (12) months.

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

18.              Indemnification

You agree to defend, indemnify, and hold harmless Quiver Quantitative, its 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 or your use of the Website or Mobile App, including, but not limited to, your User Contributions, any use of the Website’s or Mobile App’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 or Mobile App.

19.              Governing Law and Jurisdiction

All matters relating to the Website and Mobile App 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 Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website or Mobile App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin. We reserve 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.

20.              Dispute Resolution

you agree to pursue any claims you may have against quiver quantitative in THE Sauk County, Wisconsin small claims court, if such court has jurisdiction. you further agreE to pursue any other claim YOU MAY HAVE AGAINST QUIVER QUANTITATIVE in state or federal court located in wisconsin.

You and Quiver Quantitative, Inc. agree to give up any rights to participate in a class action or representative action with respect to a claim. YOU AGREE TO LITIGATE ON AN INDIVIDUAL BASIS. In any dispute, neither you nor Quiver Quantitative, Inc. will be entitled to join or consolidate claims by or against other customers in court or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.

This clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.

21.              Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR MOBILE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

22.              Waiver and Severability

No waiver by Quiver Quantitative 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 Quiver Quantitative 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.

23.              Entire Agreement

The Terms of Use, our Privacy Notice, and our API License Agreement if you have purchased access to our API, constitute the sole and entire agreement between you and Quiver Quantitative, Inc. with respect to the Website and Mobile App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website or Mobile App.

24.              Your Comments or Concerns

This website is operated by Quiver Quantitative, Inc., PO BOX 634, Spring Green, WI 53588, United States.

All other feedback, comments, requests for technical support and other communications relating to the Website or Mobile App should be directed to: [email protected].