Terms Of Access To Quantart Hedgenius

USE OF THE SERVICES (AS DEFINED BELOW) PROVIDED BY QUANTART MARKET SOLUTIONS PRIVATE LIMITED (“QUANTART”) AND REFERENCED HEREIN IS GOVERNED BY THE TERMS OF THIS SERVICES AGREEMENT (“AGREEMENT” OR “TERMS”). BY ACCEPTING THESE TERMS BELOW OR BY USING QUANTART’S SERVICES IN ANY MANNER, YOU AND/OR THE ENTITY YOU REPRESENT AND ANY AFFILIATE OF SUCH ENTITY USING THE SERVICES (COLLECTIVELY, “CLIENT”) AGREE THAT YOU HAVE THE AUTHORITY TO BIND CLIENT TO THESE TERMS AND HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE QUANTART’S SERVICES. THIS AGREEMENT IS ENTERED INTO AS OF THE DATE YOU ACCEPT THESE TERMS OR USE THE SERVICESAND FROM WHEN YOU ACCESS QUANTART HEDGENIUS.

“Client” is the person or entity whose name and address appears in the service order form/subscription form;

“Data” means the information and the data contained in the Services;

“Services” shall mean and include the services provided by QuantArt to Client as mentioned in the services order form which may include, but not limited to, Data, software, Data access, consulting, Training, Report technical assistance, and support services;

Access to QuantArt Hedgenius is universally applicable, and users may avail themselves of access from any geographical location. The terms and conditions governing the use of QuantArt Hedgenius remain consistent regardless of the user's location. Additionally, the pricing structure for subscriptions is uniform globally, irrespective of the geographical origin of the subscription purchase.

Subject to the terms of this Agreement, QuantArt grants to Client a limited, non-exclusive, non-transferable, revocable right to access and use the Services solely for Client’s internal business purposes and not for resale or further distribution. Client’s right to access and use the Services shall be subject to Client’s compliance with the terms and conditions contained herein and limited to the service ordered vide the service order form/subscription plan or subscription term purchased by Client

Client shall have the minimum required hardware, software, telecommunication devices etc required to access the Services. In its absence access to the Services may be hampered or the Services may not be accessible in entirety.

Client shall not and shall not permit or authorize any third party, including, but not limited to its authorized users, to: (i) copy, rent, sell, lease, sublicense, distribute, assign, or otherwise transfer or encumber rights to the Services, or use the Services for the benefit of any third party, or make the Services available to anyone other than itself or its authorized users; (ii) use the Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, or to process, send or store prohibited information, infringing or unlawful material, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (iii) circumvent or disable any digital rights management, usage rules, or other security features of the Services, or otherwise attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Services or the data contained therein; (iv) modify, copy, translate, enhance, decompile, disassemble, reverse engineer or create derivative works based on the Services, or any portion thereof; (v) access or use the Services for the purpose of building a competitive product or service or copying its features or user interface; (vi) remove, alter, or obscure any copyright, trademark or other proprietary notices appearing in or on the Services; or (vii) use the Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services

QuantArt does not guarantee the maintenance or continued function of, and QuantArt reserves the right to change, discontinue, delete or deprecate, at any time and at QuantArt’s sole discretion, any product feature, support service, and any report template.

QuantArt reserves the right to restrict, suspend, or terminate access to the Services at any time, if in QuantArt ‘s sole determination, Client is using the Services in a manner that violates applicable laws or the terms of this Agreement, fails to make payment to QuantArt, or creates an excess burden on QUANTART’s systems

Client acknowledges that the Services are intended for use by institutional investors, registered brokers, professionals and others of similar sophistication and experience.

Client accepts responsibility for, and acknowledges it exercises its own independent judgment in, its selection of any of the Services, its selection of the use or intended use of such, and any results obtained. Nothing contained herein shall be deemed to be a waiver of any rights existing under applicable securities law.

Client shall indemnify QuantArt and its suppliers against and hold QuantArt harmless from any and all losses, damages, liability, costs, including attorney's fees, resulting directly or indirectly from any claim or demand against QuantArt or its suppliers by a third party arising out of or related to any Services received by Client, or any data, information, service, report, analysis or publication derived therefrom. Neither QuantArt nor its suppliers shall be liable for any claim or demand against Client by a third party.

Unless otherwise agreed to in writing the Data may be used by Client solely for their internal use and benefit. Use of the Data expressly excludes, without limitation, the following, unless express prior authorization, in writing, by QUANTART:

  • a.   Use to create or assist in the creation of any index;
  • b.   Use for fund valuation purposes, including but not limited to, fund accounting, net asset value and indicative net asset value calculations;
  • c.   Use in the construction of a security master or cross-reference database;
  • d.   Further dissemination in any form to any other third party; use of the Data for a joint venture to which Client is a party;
  • e.   Use in replacement of any data received by you directly or indirectly from QuantArt under any other agreements you may have with QuantArt, or another third-party service provider or distributor whereby you receive QuantArt's data or information;
  • f.   Use of in the construction of data, products or services that may compete with data, products or services available from QuantArt and/or its affiliates.

Client agrees to keep complete and accurate books, records and related documentation concerning the use of the QuantArt 's Data. QuantArt and/or its Third Party Suppliers, either directly or through a third party independent auditor, are hereby granted the right to (i) audit and examine, upon reasonable notice, Client’s books, records and applicable computer equipment, devices, components, transmission equipment and software used by Client in connection with the installation, maintenance, accessing, delivery, transmission, reception, retrieval or use by Client of the QuantArt's Data, and (ii) observe, upon reasonable notice, operations conducted by Client relating to the use of the Data. This right will be exercised by QUANTART not more than twice during any twelve (12) month period pursuant to any reasonable security or confidentiality provisions at Client's request.

In the event that Client at any time receives Data from QuantArt containing evaluations, rather than market quotations, for certain securities or certain other data related to such securities, the following provisions will apply: (i) evaluated securities are typically complicated financial instruments. There are many methodologies (including computer-based analytical modelling and individual security evaluations) available to generate approximations of the market value of such securities, and there is significant professional disagreement about which is best. No evaluation method, including those used by QuantArt, may consistently generate approximations that correspond to actual "traded" prices of the instruments; (ii) QuantArt 's methodologies used to provide the pricing portion of certain Data may rely on evaluations; however, Client acknowledges that there may be errors or defects in QuantArt's software, databases, or methodologies that may cause resultant evaluations to be inappropriate for use in certain applications; and (iii) Client assumes all responsibility for edit checking, external verification of evaluations, and ultimately the appropriateness of use of evaluations and other pricing data provided via the Service in Client's applications, regardless of any efforts made by QuantArt in this respect. Client shall indemnify and hold QuantArt completely harmless in the event that errors, defects, or inappropriate evaluations are made available via the Service or the Data

NO WARRANTIES: LIMITATION OF LIABILITY

(A)

QUANTART, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF EVERY KIND, EXPRESS AND/OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR TITLE, AS TO THE SERVICES, INCLUDING THE INFORMATION, DATA, SOFTWARE, APPLICATIONS OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE. AND AS TO THE PERFORMANCE THEREOF NEITHER QUANTART, ITS AFFILIATES NOR THEIR RESPECTIVE THIRD-PARTY SUPPLIERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES OR ANY COMPONENT THEREOF.

(B)

QUANTART, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY SUPPLIERS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, MALFUNCTIONS OR DELAYS IN THE SERVICES. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS AND CLIENT'S USE OF, OR ANY DECISIONS MADE IN RELIANCE OF THE SERVICES IS AT CLIENT’S OWN RIEK FURTHER. VENDOR, ITS AFFILIATES

RESPECTIVE THIRD-PARTY SUPPLIERS SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST, CLIENT BY THIRD PARTIES, EXCEPT IN CONNECTION WITH QUANTART'S INDEMNIFICATION OBLIGATIONS HEREUNDER.

(C)

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EXCEPT FOR ANY LIABILITY IN CONNECTION WITH CLIENT'S BREACH OF THE LICENSE GRANT IN AN APPLICABLE SCHEDULE(S) AND/OR THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL QUANTART, ITS AFFILIATES, THEIR THIRD PARTY SUPPLIERS, CLIENT OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

(D)

WITHOUT LIMITING THE PROVISIONS OF SECTION (a)-(c) ABOVE, IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF QUANTART, ITS AFFILIATES, OR THEIR RESPECTIVE THIRD PARTY SUPPLIERS IN CONNECTION WITH THE SERVICES AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EXCEED THE MONTHLY RECURRING FEES PAID BY LICENSEE UNDER THE APPLICABLE SCHEDULE FOR THE SERVICE IN QUESTION FOR THE MOST RECENT SIX (6) MONTHS PRIOR TO THE TIME SUCH LIABILITY AROSE, EXCLUDING ONE-TIME FEES, THIRD PARTY SUPPLIER FEES, THIRD PARTY HARDWARE PURCHASE FEES AND TAXES.

NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SERVICES MAY BE BROUGHT BY CLIENT MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

(E)

CLIENT ACKNOWLEDGES THAT THERE MAY BE ERRORS OR DEFECTS IN THE SOFTWARE, DATABASE OR METHODOLOGY USED TO GENERATE PRICING, EVALUATIONS AND ANALYTICS PROVIDED BY QUANTART AND/OR ITS SUPPLIERS WHICH MAY CAUSE THEM TO BE INAPPROPRIATE FOR USE BY THE CLIENT IN CERTAIN APPLICATIONS.

ACCORDINGLY, CLIENT AGREES TO SSUME ALL RESPONSIBILITY FOR EDIT CHECKING AND EXTERNAL VERIFICATION OF PRICING, EVALUATIONS AND ANALYTICS, AS WELL AS THEIR APPROPRIATENESS FOR USE BY CLIENT REGARDLESS OF ANY EFFORTS MADE BY VENDOR AND/OR ITS SUPPLIERS IN THIS REGARD.

CLIENT FURTHER ACKNOWLEDGES THAT USERS OF THE DATA MUST MAKE THEIR OWN DETERMINATION REGARDING THE USE OF SUCH DATA.

(F)

CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE NOT INTENDED TO SUPPLY FINANCIAL, ACCOUNTING, TAX, COMMODITY TRADING, SECURITIES TRADING, OR LEGAL ADVICE, OR ADVICE REGARDING THE FUTURE VALUE, OR SUITABILITY OF ANY PARTICULAR SECURITY, COMMODITY INTEREST, TRANSACTION, INVESTMENT OR INVESTMENT STRATEGY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, QUANTART AND ITS AFFILIATES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE THIRD-PARTY COMMUNICATIONS NETWORK THROUGH WHICH CLIENT ACCESSES THE SERVICES AND CLIENT SHALL INDEMNIFY QUANTART AND ITS AFFILIATES AND HOLD THEM HARMLESS AGAINST ANY LOSS, CLAIM, DEMAND OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING IN CONNECTION WITH THE USE OF SUCH THIRD-PARTY COMMUNICATIONS NETWORK


Nothing in the Services shall constitute or be construed as an offering of financial instruments or as investment advice or investment recommendations (i.e., recommendations as to whether or not to “buy”, “sell”, “hold”, or to enter or not to enter into any other transaction involving any specific interest(s)) by QuantArt or its affiliates or a recommendation as to an investment or other strategy by QuantArt or its affiliates. No aspect of the Services is based on the consideration of Client’s individual circumstances, and data and other information available via the Services should not be considered as information sufficient upon which to base an investment decision. QuantArt and its affiliates do not express an opinion on the future or expected value of any security or other interest and do not explicitly or implicitly recommend or suggest an investment strategy of any kind. Client is solely responsible for the selection and use of appropriate parameters, inputs, models, formulas and data for meeting its tax, accounting, legal or regulatory requirements. Without limiting the foregoing, Client acknowledges and agrees that the Services may include indices, rates or other values (collectively, “Values”) that could be considered ‘benchmarks’ under the EU benchmark regulation and/or similar regulation (collectively, “BMR”) if used in a regulated manner. Client shall not use such Values in any manner that could be construed as regulated ‘use’ as a benchmark under the BMR (including to determine the value of financial instruments, to measure the performance of an investment fund for the purpose of tracking the return of such Value, to define the asset allocation of a portfolio, or to compute performance fees) unless such use is in accordance with applicable law, rules and regulations, including that the provider of such Values is an authorized or registered administrator of such Values under the BMR.

QuantArt, its affiliates, its and their suppliers and its and their third-party agents shall have no responsibility or liability, contingent or otherwise, for any injury or damages (whether caused by negligence or otherwise) arising in connection with the Services, or the Agreement, and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages. The Data and information contained in the Services are derived from sources deemed reliable, but QuantArt, its affiliates and its and their suppliers do not guarantee the correctness or completeness of any Data or other information furnished in connection with the Services. QuantArt and its affiliates shall not be responsible for or have any liability for any injuries or damages caused by errors, inaccuracies, omissions or any other failure in, or delays or interruptions of, the Services, from whatever cause (including, without limitation, negligence or otherwise), or for the security or maintenance of any data input by Client. Client is solely responsible for the selection of and use or intended use of the Services, the accuracy and adequacy of the Services and information used by it and the resultant output thereof. Client shall indemnify QuantArt and its affiliates and hold them harmless and, at Client’s expense, defend QuantArt and its affiliates against all losses, damages, costs, claims, demands or expenses (including reasonable attorneys’ fees) arising in connection with a breach of, or non-compliance with, the Agreement by Client or the use of the Services by Client (and Client shall not settle any such claim or demand without QuantArt’s consent, to the extent such settlement contemplates any admissions from QuantArt or its affiliates or liabilities for QuantArt or its affiliates). No party shall be liable to the other for any default resulting from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of the party or parties affected. QuantArt and its affiliates shall not be liable for any claim or demand against Client by a third party. (b) Notwithstanding anything to the contrary in the Agreement, Client shall defend, indemnify and hold harmless QuantArt and its affiliates from all losses, damages, costs, claims, demands and expenses (including reasonable attorneys’ fees) arising out of, related to, or in any way involving, Client’s or any Client Affiliate’s (1) use of Data or (2) reporting of, or failure to report, access to, and/or use of, Data (and Client shall not settle any such claim or demand without QuantArt’s consent, to the extent such settlement contemplates any admissions from QuantArt or its affiliates or liabilities for QuantArt or its affiliates).

(G)

CAPTCHA IMPLEMENTATION IN HEDGENIUS

THIS SERVES TO INFORM USERS OF HEDGENIUS REGARDING THE IMPLEMENTATION OF CAPTCHA FOR SECURITY PURPOSES ON OUR PLATFORM. PLEASE READ THE FOLLOWING CAREFULLY:

1. PURPOSE OF CAPTCHA : HEDGENIUS EMPLOYS CAPTCHA (COMPLETELY AUTOMATED PUBLIC TURING TEST TO TELL COMPUTERS AND HUMANS APART) AS A SECURITY MEASURE TO PROTECT THE INTEGRITY OF OUR PLATFORM. CAPTCHA HELPS PREVENT AUTOMATED BOTS FROM ENGAGING IN UNAUTHORIZED ACTIVITIES, SAFEGUARDING THE SECURITY AND PRIVACY OF OUR USERS.

2. DATA COLLECTION : CAPTCHA IS USED SOLELY FOR THE PURPOSE OF VERIFYING USER INTERACTIONS ON OUR PLATFORM AND DOES NOT INVOLVE THE COLLECTION OF PERSONAL INFORMATION. WE DO NOT STORE ANY DATA RELATED TO CAPTCHA INTERACTIONS THAT CAN BE USED TO IDENTIFY INDIVIDUAL USERS.

3. USER CONSENT : BY USING THE HEDGENIUS PLATFORM, USERS IMPLICITLY CONSENT TO THE UTILIZATION OF CAPTCHA FOR SECURITY REASONS. THIS MEASURE IS IMPLEMENTED TO ENSURE A SECURE AND RELIABLE EXPERIENCE FOR ALL USERS.

4. SECURITY MEASURES : HEDGENIUS IS COMMITTED TO MAINTAINING A HIGH LEVEL OF SECURITY FOR ITS USERS. CAPTCHA IS ONE OF THE SECURITY MEASURES IN PLACE TO PROTECT AGAINST AUTOMATED THREATS AND POTENTIAL SECURITY VULNERABILITIES.

5. THIRD-PARTY SERVICES : IT IS IMPORTANT TO NOTE THAT WHILE HEDGENIUS MAY UTILIZE SERVICES PROVIDED BY Intuition Machines, Inc., a Delaware US Corporation ("IMI"), SUCH SERVICES ARE SELECTED BASED ON THEIR COMMITMENT TO PRIVACY AND SECURITY. USERS ARE ENCOURAGED TO REVIEW THE PRIVACY POLICIES OF ANY THIRD-PARTY SERVICES LINKED TO CAPTCHA IMPLEMENTATIONS.

6. USER RESPONSIBILITY : USERS ARE REMINDED OF THEIR RESPONSIBILITY TO ADHERE TO HEDGENIUS'S TERMS OF USE AND ANY GUIDELINES RELATED TO THE USE OF CAPTCHA. ANY MISUSE OR ATTEMPTS TO CIRCUMVENT CAPTCHA MAY RESULT IN CORRECTIVE ACTIONS TAKEN BY HEDGENIUS. THIS IS SUBJECT TO UPDATES, AND USERS ARE ENCOURAGED TO REVIEW IT PERIODICALLY. FOR ANY CONCERNS OR INQUIRIES RELATED TO THE USE OF CAPTCHA ON HEDGENIUS, PLEASE CONTACT OUR SUPPORT TEAM.


CLIENT DATA CONFIDENTIALITY

1. Definition of Confidential Information:

For the purposes of this Agreement, "Confidential Information" shall mean any non-public information, data, or materials provided by either party (the "Disclosing Party") to the other party (the "Receiving Party") in connection with this licensing agreement, which is identified as confidential at the time of disclosure or should reasonably be understood to be confidential.

2. Obligations of Confidentiality:

QuantArt agrees to hold all Confidential Information in strict confidence and to take all reasonable precautions to prevent unauthorized disclosure or use of the clients data. QuantArt shall not disclose, reproduce, distribute, or use the client's confidential information for any purpose other than the performance of its obligations under this Agreement.

3. Exceptions:

The obligations of confidentiality shall not apply to information that:

  • a.   Is or becomes publicly available through no fault of QuantArt.
  • b.   Was already in the possession of QuantArt without restriction on disclosure before receipt from the Disclosing Party.
  • c.   Is independently developed by QuantArt without reference to or reliance upon the Confidential Information.

4. Permitted Disclosures:

QuantArt may disclose Confidential Information to its employees, agents, or contractors to the extent necessary for the performance of its obligations under this Agreement, provided that such individuals are bound by confidentiality obligations no less restrictive than those contained herein.

5. Destruction of Confidential Information:

Upon termination or expiration of this Agreement and upon the written request of the client, QuantArt shall promptly destroy all copies of Confidential Information in its possession or control.



FEES

  • (a)   All fees, charges, costs, and expenses etc (collectively “Fees”) chargeable for the Services shall be as given in the service order form/subscription form.
  • (b)   Unless otherwise stated, all Fees are due and payable in advance for the entire term of usage of the Services prior to which access to the Services shall not be granted.
  • (c)   Non-receipt of Fees may result in stoppage of Services without prior notice.
  • (d)   All Fees are exclusive of taxes, duties, levies, cesses, surcharges etc including but not limited to Goods and Services Tax (GST) and shall be charged extra unless specified otherwise
  • (e)   All Fees are payable in entirety without any deduction whatsoever.
  • (f)   No refunds, set-off, or deferral of Services is permitted. All payments are final. No refund will be given in the event of termination of Services by QuantArt for reasons attributable to the Client including but not limited to breach of these terms.


FREE PERIOD, LOOK-IN

There is no free period or Look-In period for QuantArt Hedgenius


TERM, EXPIRY

Services may be accessed for the term or period (“Service Term”) as agreed or provided in the service order form/subscription form. Access to the Services shall end at the end of the Service Term unless pre-terminated for reasons provided herein.


DISPUTE RESOLUTION

Any and all disputes arising out of or in connection with the Services, this agreement or its performance shall be settled by arbitration by a single Arbitrator to be appointed by the Parties mutually. The arbitration shall be held in Kolkata, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Language of Arbitration shall be English. Cost of arbitration shall be borne by the Parties in equal proportion


JURISDICTION

The Parties agree to submit themselves to the exclusive jurisdiction of the courts at Kolkata.


NOTICES, COMMUNICATION

  • a.   All notices in connection with the Service shall be addressed by registered post with receipt of delivery.
    • i.   In case of QuantArt at 81/14, SHREERAMPORE ROAD (N), Garia, Kolkata 700 084
    • ii.   In case of Client to the address mentioned in the services order form/subscription form.
  • b.   All communication related to the Services, products, Fees, processes, etc will be by electronic communication/email at the address provided by the Client in the services order form/subscription form.


MISCELLANEOUS

  • a.   Client shall provide all necessary information in the service order form/subscription form. Any missing information or incorrect information may result in delay in access to the Services till such time as all information is provided.
  • b.   Entire Agreement: This Agreement embodies the entire understanding between the Parties hereto in respect of the Services. QuantArt reserves the right to modify or amend any provision of these terms which shall be effective upon communication of the same to Client;
  • c.   Severability: If any provision of this Agreement is invalid or unenforceable or prohibited by law, such provision which shall be inoperative and shall not be part of the consideration moving from any of the Parties hereto to the other and the remainder of this Agreement shall be valid and binding;
  • d.   Reservation of Rights: No failure on the part of QuantArt to exercise, and no delay on its part in exercising, any right or remedy under these terms shall operate on a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in these terms are cumulative and not exclusive of any rights or remedies provided by law;
  • e.   Client shall not make any public announcements, press releases or otherwise publicize, these terms or that it is availing the Services. Client shall not use the name of QuantArt in any form of publicity, advertising or promotion;