Legal

Terms of Use

Effective Date: March 1, 2025

These Terms of Use ("Terms") govern your access to and use of the website operated by QCI Capital Management LLC ("QCI," "we," "us," or "our") at qcicm.com (the "Site"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.

1. No Offer or Solicitation

Nothing on this Site constitutes an offer to sell, or a solicitation of an offer to buy, any security, financial product, or investment vehicle. Any such offer or solicitation may only be made by means of a confidential offering memorandum or similar document provided to qualified and accredited investors, and will be subject to the terms and conditions contained therein.

The information on this Site is not intended to be, and should not be construed as, investment advice, a recommendation, or an endorsement of any particular security, strategy, or investment product. QCI does not provide tax, legal, or accounting advice. You should consult your own professional advisors before making any investment decisions.

2. Risk of Investing

Investing in derivatives, digital assets, and other financial instruments involves substantial risk of loss, including the potential loss of the entire amount invested. The value of investments can fluctuate significantly. Past performance is not indicative of future results, and there can be no assurance that any investment strategy will achieve its objectives or avoid losses.

Digital asset markets are highly volatile, may be subject to limited regulatory oversight, and carry unique risks including technological, operational, and counterparty risks. These investments are not suitable for all investors.

3. Intellectual Property

All content on this Site, including text, graphics, logos, images, data compilations, and software, is the property of QCI or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any content from this Site without our prior written consent.

The QCI Capital Management name, logo, and all related marks are trademarks of QCI Capital Management LLC. Use of these trademarks without our express written permission is strictly prohibited.

4. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

5. Disclaimer of Warranties

THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. QCI DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the information on the Site is accurate, complete, reliable, current, or error-free, or that the Site will be available at all times or free of viruses or other harmful components. Any reliance you place on the information on the Site is strictly at your own risk.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QCI AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT QCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall QCI's total liability to you for all claims arising out of or relating to the Site exceed one hundred U.S. dollars ($100.00).

7. Indemnification

You agree to indemnify, defend, and hold harmless QCI and its officers, directors, members, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

8. Third-Party Links

The Site may contain links to third-party websites or services, including our Substack publication and investor portal hosted by NAV Consulting. These links are provided for your convenience only and do not constitute an endorsement by QCI. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

9. Forward-Looking Statements

Certain content on this Site may contain forward-looking statements, including projections, opinions, and expectations regarding future events or performance. These statements are based on current expectations and assumptions and are subject to risks, uncertainties, and other factors that could cause actual results to differ materially. QCI undertakes no obligation to update forward-looking statements.

10. Accredited Investor Acknowledgment

The investment opportunities referenced on this Site are available only to "accredited investors" as defined in Rule 501(a) of Regulation D under the Securities Act of 1933, or "qualified purchasers" as defined in Section 2(a)(51) of the Investment Company Act of 1940.

By accessing information about QCI's investment strategies, you represent that you meet the applicable qualification standards.

Nothing on this Site is directed at or intended for persons who do not meet these qualifications.

11. Sanctions and Restricted Persons

The Site and any services described herein are not available to persons or entities that are located in, organized under, or residents of any country or territory subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), the United Nations, or the European Union.

By accessing the Site, you represent that you are not a Specially Designated National, blocked person, or otherwise subject to any applicable sanctions program.

QCI reserves the right to restrict access to any person or jurisdiction as required by applicable law.

12. Electronic Communications

By providing your email address or contacting us through this Site, you consent to receive electronic communications from QCI, including market commentary, publications, and other information related to our services.

You may opt out of promotional communications at any time by following the unsubscribe instructions in those messages or by contacting us directly.

Opting out of promotional communications does not affect communications related to your investor account or legal obligations.

13. Arbitration and Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration shall take place in Clark County, Nevada.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada.

15. Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to the Site at any time, for any reason, without notice or liability. All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification obligations.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Changes to These Terms

We may revise these Terms at any time by updating this page. The updated version will be indicated by an updated effective date. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

18. Contact Us

If you have questions about these Terms, please contact us at:

QCI Capital Management LLC
Email: info@qcicm.com