QVT Financial LP (“QVT”) may modify the below disclaimers and terms and conditions of use at any time, by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current disclaimers and terms and conditions of use to which you are bound.
By accessing or using QVT’s website, located at www.qvt.com (the “Site”), you hereby acknowledge and agree the following:
- License. QVT grants you a limited right to use the Site for your personal and internal business purposes. Your right to use the Site is subject to your agreement to abide by these Terms and Conditions in their entirety. At any time and for any reason we may revoke your right to use all or any portion of the Site.
- Restrictions on Use.
You may not:
- use the Site for any fraudulent, harmful or illegal purpose or in any manner inconsistent with these terms and conditions;
- spam or send unsolicited mailings to any individual or entity using the Site;
- decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site;
- publish, broadcast, retransmit, reproduce, duplicate, distribute, copy, modify, repackage, frame, mirror, commercially exploit, create any derivative of, redistribute or otherwise exploit all or any portion of the Site;
- remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site;
- interfere with the operation of the Site or violate or attempt to violate the Site’s security; or
- retrieve, index, scrape, harvest, data mine or otherwise systematically gather or store Site content.
- Intellectual Property. You acknowledge that the Site is protected by one or more copyrights, patents, database rights, trademarks and/or other intellectual property and proprietary rights that are owned by QVT and/or third parties. All text and graphics, and the combination thereof, are copyrighted works that are the property of QVT or the owners of such third party trademarks. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site. Any unauthorized use of Site content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. “QVT” and other names and logos or other indicia of QVT and its business and/or services are exclusive registered trademarks and service marks of QVT. Other product and company names appearing on the Site may be trademarks of their respective owners. QVT expressly reserves all intellectual property rights in the Site, including all text, programs, products, processes, technology, content and other material which appear on the Site now or in the future, unless stated otherwise. Your access to or use of the Site does not confer and will not be considered as conferring upon you any license under any of QVT’s or any third party’s intellectual property rights. You may download material displayed on this website for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content of the Site for public or commercial purposes, including the text, images, audio and video, without QVT’s prior written permission.
- No Advice or Offer of Securities. All content on the Site is for informational purposes only. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. QVT does not give any advice on, or make any representations through, the Site as to whether any security or investment is suitable to you or will be profitable. Nothing on the Site is an offer or solicitation to buy or sell any security or make or hold any investment, including an investment in any fund or portfolio managed by QVT. The Site and the information contained therein do not constitute and should not be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any investment fund managed by QVT or for the provision of any investment management or advisory services in any jurisdiction. Any such offer or solicitation will be made only by means of a confidential private offering memorandum relating to the particular fund. The contents of this Site do not constitute legal, tax or accounting advice or advice regarding the suitability or profitability of any transaction or investment. Access to information about any fund managed by QVT is limited to investors who, among other requirements, qualify as “accredited investors” and “qualified purchasers” within the meaning of such terms under the securities laws of the United States, and who are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject QVT to any registration or other requirement within such jurisdiction or country.
- Limitations of Site Content. QVT makes no representations that any information provided via the Site is accurate, current, reliable or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided by QVT. The contents of the Site may contain forward-looking statements that are based on QVT’s subjective beliefs, assumptions, current expectations, estimates, and projections about investments, the financial industry or the economy. These statements are neither suggestions of past performance nor guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. QVT undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Furthermore, past performance is not indicative of future results and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Groupings of positions into categories such as “Core Areas of Investment” and “Strategies” reflect QVT’s subjective determination of its historical, current and prospective portfolios under management, and these categories and their relative importance and applicability may change at any time. QVT’s approach to categorization and its actual investments and areas of focus may also change at any time. In addition, the specific investment examples mentioned on this Site are simply illustrations of QVT’s investment style which QVT believes are interesting to present to you. They do not represent all the securities purchased, sold or recommended to the funds managed by QVT, nor are they representative of the entire portfolios of those funds. You should not assume that the selected investments are or will become profitable. You should not consider the examples as recommendations to buy or sell any security and they are not necessarily indicative of the future transactions of the portfolios managed by QVT. Lastly, these examples are not intended to describe all the risks associated with a particular security or group of securities in the QVT portfolios.
- Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, INCLUDING ALL CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, QVT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE AVAILABILITY, OPERATION AND USE OF THE SITE AND ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE. QVT DOES NOT WARRANT THAT THE SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SITE OR DATA, INFORMATION OR SERVICES PROVIDED VIA THE SITE, WILL BE SECURE, OR FREE OF ERRORS, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL, INVASIVE, OR CORRUPTED COMPONENTS, AND QVT IS NOT LIABLE FOR ANY DAMAGE OR LOSS YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES.
- Limitation of Liability. QVT ASSUMES NO LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS. IN NO EVENT WILL QVT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENTS, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF QVT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- Indemnification. You agree to defend, indemnify and hold QVT and its directors, officers, members, partners, principals, employees, agents, representatives and affiliates harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from your use of the Site. QVT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.
- Materials Submitted to the Site. Anything that you transmit to the Site becomes the property of QVT, may be used by QVT for any lawful purpose, and may be subject to disclosure as deemed appropriate by QVT, including to any legal or regulatory authority. You acknowledge that any electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Site may not be secure. Although QVT will make reasonable efforts to protect the privacy of users of this site, no guarantee can be made that unauthorized third parties will not access the information contained on the Site as a result of computer viruses, network failures, computer and telecommunication failures, infiltration by unauthorized persons and security breaches, usage errors, or otherwise. By submitting any information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “User Information”) to QVT through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any User Information to QVT through the Site. All User Information will be considered non-confidential and non-proprietary, regardless of any designations or legends to the contrary. Accordingly, communications to QVT containing confidential information should not be sent to QVT using the Site. QVT and its affiliates may use User Information for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and/or its internal business purposes. Further, QVT and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any User Information to the Site, you are granting QVT and its affiliates a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such User Information and to use your name and other identifying information in connection with such User Information. Please note, notwithstanding the foregoing, you are strongly discouraged from submitting any unsolicited information to the Site or directly to QVT or its affiliates, particularly personal or identifying information of any sort.
- Links To/From the Site. The Site may contain links to other websites. QVT does not review or monitor any websites linked from or to the Site and will not be responsible for the content of any linked website. If you decide to access a linked website, you do so at your own risk. QVT is not responsible for the information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. Any such links are provided merely for the convenience of the users of the Site and the inclusion of the links does not imply any endorsement, representation or warranty by QVT. QVT encourages you to read the privacy policies and terms and conditions of any third party websites that you reach via a hyperlink contained on this Site and disclaims responsibility for such websites and their content.
You agree not to link any websites to the Site without the express prior written consent of QVT.