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Terms and Conditions

AQ-IQ, LLC site and services

(the short version)
  1. Use of this site (or our services) means you agree to these terms and conditions. If you do not agree, do not use this site.
  2. You promise that you are 18 or more years old, that you are a human (not a machine) and that the information you provide during registration is accurate.
  3. This site is intended for users in the United States.
  4. Communications to and from this site will be in English.
  5. You agree that you will not use AQ-IQ LLC site or services in any non-legal or dishonest way.
  6. You agree to keep your login credentials confidential (if anyone else uses it, you may be at risk).
  7. You agree to tell the truth and to accept responsibility for your actions.
  8. You agree not to bring harm to others (including AQ-IQ).
  9. You agree to validate the information you learn here. (We do our best to tell only the truth and we encourage everyone to validate what they learn, here or elsewhere.)
  10. You agree to receive electronic communication from AQ-IQ at the email address you provide when you register.

Other, more detailed conditions are stated in the complete version of the terms and conditions.

(the complete version)

AQ-IQ, LLC® website and services

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN ORDERING OR ACCESSING THE LISTED SERVICES AND/OR SOFTWARE FROM AQ-IQ, LLC®. All products and services provided by AQ-IQ, LLC may be used for lawful purposes only. These terms and conditions (“Terms”) govern the use and licensing by AQ-IQ, LLC of products, courses, service(s) and related software found on the sites and pages at www.AQ-IQ.com including any software (the “Software” and together with the Service, “the Products”) covered by use, access or an order by you (hereafter, “You” or “Your”) referencing this form and accepted by AQ-IQ, LLC. By using any of the products or otherwise indicating your acceptance of these terms, you represent and warrant that you:

(i) are authorized to bind yourself and any other party on whose behalf you use the service and/or software (the “contracting party”) and

(ii) agree for yourself to be bound by all of these terms, including for examples, the disclaimer of warranty and limitation of liability sections set forth below, to the exclusion of any other rights and obligations, such as those listed on a purchaser order. AQ-IQ, LLC reserves the right, exercised in its sole discretion, to change, modify, add, or delete portions of these Terms at any time in accordance with the procedures set forth below in the section labeled “Modifications”.

  1. Registration – To use the Products, You may be required to submit or complete a registration form (“Registration Form”). As part of this registration process, You agree to:

(i) provide certain limited information about yourself as prompted to do so during the registration or thereafter by the Service (such information to be current, complete and accurate) and

(ii) maintain and update this information as required to keep it current, complete and accurate. The information requested at the time of the original signup shall be referred to as registration data (“Registration Data”). You may not register for any Service if you are under 18 years of age. By registering, You represent to AQ-IQ, LLC that You are 18 years of age or older. If AQ-IQ, LLC discovers that any of your Registration Data is inaccurate, incomplete or not current, or if AQ-IQ, LLC determines, in its sole discretion, that you are not an appropriate subscriber or user of the Service, AQ-IQ, LLC may terminate all rights to access, receive, use and license the Service and Software immediately upon notice. This requirement is satisfied by our attempt to deliver this information to you at the email address you provided during registration.

  1. Conduct – You are solely responsible for the content of posts made under your account and its transmissions when using the Products. AQ-IQ, LLC does, however, reserve the right to take any action with respect to the same that AQ-IQ, LLC in its sole discretion deems necessary or appropriate. The use of the Products by you is subject to the end user license agreement set forth below and all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree:

(i) to comply with all applicable United States laws, rules and other regulations;

(ii) not to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;

(iii) not to use the Products for illegal purposes;

(iv) not to delete from the Software, documentation or any web site used in connection with the Service any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

(v) Not to interfere or disrupt networks connected to the Service;

(vi) not to use the Service or Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and

(vii) not to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems or interfere with another user’s use and enjoyment of the Service.

3. Modifications – AQ-IQ, LLC may amend these Terms at any time by

(i) posting a revised Terms document on or accessible through http://www.AQ-IQ.com and/or (ii) sending information regarding the Terms amendment to the email address you are required to provide to AQ-IQ, LLC. You manifest intent to accept these amended terms if you continue to use any of the Products after such amended terms have been posted or sent to you. If You do not agree with any such modifications You shall notify AQ-IQ, LLC during that 30 day period and at the end of the 30 day period these Terms shall be deemed terminated unless AQ-IQ, LLC agrees to waive such modifications to which you object.   Otherwise, these Terms may not be amended except in writing signed by both parties. Further, AQ-IQ, LLC reserves the right to modify or discontinue the Service with or without notice to you. AQ-IQ, LLC shall not be liable to you or any third party should AQ-IQ, LLC exercise its right to modify or discontinue the Service.

  1. Passwords and Security –

4.1 As part of the registration process for each Service, you must use your assigned user name and choose a password for access to your account. You agree to carefully safeguard all of your passwords. You are solely responsible if you do not maintain the confidentiality of your passwords and account information. Furthermore, You are solely responsible for any and all activity that occurs under Your account. You agree immediately to notify AQ-IQ, LLC of any unauthorized use of your account or any other breach of security known to you, including if you believe that your password or account information has been stolen or otherwise compromised. Access to, and use of, password-protected and/or secure aspects of the Service is restricted to authorized users only. Unauthorized individuals attempting to use the Service may be subject to prosecution.

4.2 AQ-IQ, LLC is not liable for any loss incurred by you , resulting from another’s use of your password, account, or public / private key, as may be applicable, either with or without your knowledge. However, you may be held liable for losses incurred by AQ-IQ, LLC or another party due to another’s use of your password, account, or public / private key. You shall not access or use someone else’s account at any time, without the permission of the account holder.

4.3 AQ-IQ, LLC does not send emails asking for a user’s username and password or any other username and password. To keep the Service secure, you should keep all usernames and passwords confidential.

  1. End User License Agreement – This end user license agreement grants a right and license allowing you to use the Software and other software associated with the Service (together, the “Licensed Programs”) under certain restrictions, terms and conditions (the “License Agreement”). You are consenting to be bound by this License Agreement.

5.1 The Licensed Programs are made available for download solely for use by You according to this License Agreement. Any reproduction or redistribution of the Licensed Programs that is not in accordance with this License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. AQ-IQ, LLC is not transferring title to the Licensed Programs to you.

5.2 You acknowledge that the Licensed Programs are proprietary to AQ-IQ, LLC or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Therefore, you agree that you are only permitted to use the Licensed Programs as expressly authorized by AQ-IQ, LLC and this License Agreement. You may not remove any proprietary notices or labels from the Licensed Programs. You may copy the Licensed Programs for archival purposes only, provided any copy must contain all original proprietary notices. However, you may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Licensed Programs to a human-readable form. You may not reproduce (except for archival purposes), distribute or create derivative works based on the Licensed Programs without expressly being authorized in writing to do so by AQ-IQ, LLC. Further, you may not rent, lease, grant a security interest in or otherwise transfer rights to the Licensed Programs. All rights not expressly granted in this License Agreement are reserved to AQ-IQ, LLC and its suppliers.

5.3 ALL CONTENT ON WEB SITES AND COMPUTER PROGRAMS ASSOCIATED WITH THE SERVICE IS PROTECTED BY COPYRIGHT AND/OR TRADEMARK LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION OR CONTENT ON SUCH SITES MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM AQ-IQ, LLC. YOU, THE CONTRACTING PARTY AND ANY OTHER VISITOR OR USER ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON SUCH SITES FOR ANY PUBLIC OR COMMERCIAL PURPOSE.

  1. Disclaimer of Warranties –

6.1 Although AQ-IQ, LLC has attempted to provide accurate information with regard to the Products, AQ-IQ, LLC assumes no responsibility for the accuracy or inaccuracy of the information. AQ-IQ, LLC may change the Products at any time without notice. Mention of non-AQ-IQ, LLC products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Use of the Products is at your own risk.

6.2 ALL INFORMATION, SERVICE, DOCUMENTATION AND PRODUCTS PROVIDED BY AQ-IQ, LLC PURSUANT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

  1. Limitations of Damages and Liability –

7.1 AQ-IQ, LLC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCT OR SERVICE, LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AQ-IQ, LLC BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE PRODUCTS, OR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE PRODUCTS, EVEN IF AQ-IQ, LLC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 IN NO EVENT SHALL AQ-IQ, LLC’S TOTAL LIABILITY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO AQ-IQ, LLC, IF ANY, FOR THE PRODUCTS DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7.3 ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

  1. Title – Title, ownership rights and intellectual property rights in the Products shall remain with AQ-IQ, LLC or its suppliers. The Products are protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Service is the property of the applicable content owner and is protected by applicable law. The License granted under these Terms gives the you no rights to such content. AQ-IQ, LLC, associated logos, and other names, logos, icons and marks identifying AQ-IQ, LLC’s products and services are trademarks or service marks of AQ-IQ, LLC (collectively the “Trademarks”) and may not be used without the prior written permission of AQ-IQ, LLC. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of AQ-IQ, LLC or such third party that may own the Trademarks. Use by You of the Trademarks except as provided in these Terms is strictly prohibited.
  1. Fees and Renewals –

9.1 Month-to-Month Subscription by Credit Card Only. In the event that Your subscription to the Service is on a monthly basis, payment of the subscription fee will be by preauthorized credit card charge and Your subscription will automatically renew each calendar month unless you or AQ-IQ, LLC give written (including email) notice of non-renewal during the prior calendar month. Your credit card with be charged for each month or partial month that Your monthly subscription is in effect.

9.2 Annual Subscription by Credit Card. In the event that Your subscription to the Service is for a year and the payment is by credit card, Your subscription will automatically renew at the beginning of each subsequent anniversary year unless you or AQ-IQ, LLC give prior written (including email) notice of non-renewal at least 30 days prior to the expiration of current year subscription. Upon any annual renewal, the payment arrangements in place for the prior subscription year shall remain in place, unless You and AQ-IQ, LLC agree otherwise.

9.3 Annual Subscription By Invoice. In the event that Your subscription to the Service is for a year and the initial payment is by check or bank draft against an invoice from AQ-IQ, LLC, Your subscription will automatically renew at the beginning of each subsequent anniversary year unless you or AQ-IQ, LLC give prior written (including email) notice of non-renewal at least thirty (30) days prior to the expiration of the current year subscription. Upon any annual renewal, the payment arrangements in place for the prior subscription year shall remain in place, unless You and AQ-IQ, LLC agree otherwise.

  1. Termination – AQ-IQ, LLC may in its sole discretion immediately terminate this subscription, license and right to use the Service and Software if

(i) You breach these Terms;

(ii) AQ-IQ, LLC is unable to verify or authenticate any information You provide to AQ-IQ, LLC;

(iii) such information is or becomes inaccurate; or

(iv) AQ-IQ, LLC shall not be liable to You, the Contracting Party or any third party for termination of the Service. Upon expiration or termination for any reason, You are no longer authorized to use the Products. When these Terms are terminated and/or Your subscription is canceled, You will no longer have access to data and other material You have stored in connection with the Service and that material may be deleted by AQ-IQ, LLC. All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms.

  1. Export Law Assurances – The Products are subject to United States Export Controls. No Products may be downloaded or exported

(i) into any other country to which the United States has embargoed goods; or

(ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By subscribing to the Service or using any of the Products, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

  1. Miscellaneous –

12.1 These Terms represents the complete agreement concerning the subject matter of the Terms and license granted hereunder and, except as set forth herein, may be amended only by a writing executed by both parties.

12.2 These Terms shall be governed by and construed in accordance with the laws of the State of Georgia and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Paulding County, Georgia, and You hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action. The parties specifically disclaim applicability of

(i) the United Nations Convention on the Sale of Goods and

(ii) any Incoterms.

12.3 If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

12.4 AQ-IQ, LLC shall have the right to publish the identification of you as users of the Service.

You agree that AQ-IQ, LLC may use any logo and/or name associated with you on AQ-IQ, LLC’s web site and other marketing materials in order to identify you as AQ-IQ, LLC’s customers.

12.5 Notices by AQ-IQ, LLC to You may be sent to the email address you may be required to provide on the Registration Form or otherwise by any means that AQ-IQ, LLC determines in its sole discretion as likely to come to your attention. All other notices in connection with these Terms shall be in writing and sent by first class mail or certified mail (receipt being deemed 72 hours after postage and return receipt requested) to the address provided by the other party.

12.6 Attorneys’ Fees.  In the event that AQ-IQ initiates any action, suit or other proceeding concerning or arising out of this Agreement, AQ-IQ shall be entitled to recover all of its costs and attorneys’ fees incurred in such action, suit or proceeding.  As used herein, “attorneys’ fees” shall mean the full and actual costs of any legal services actually rendered in connection with the matters involved, calculated on the basis of the usual fee charged by the attorney performing such services.

  1. Indemnification – You are responsible for maintaining the confidentiality of your account and password(s). You are also responsible for all activities that occur under Your account. You hereby agree to indemnify, defend and hold AQ-IQ, LLC and its affiliates, officers, directors, owners, information providers, agents, licensees, licensors (“The Indemnified Parties”) harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by The Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of any breach by you of these terms of use or claims arising from your account. You agree to use your best efforts to cooperate with AQ-IQ, LLC in the defense of any demand, claim, action or suit. AQ-IQ, LLC reserves the right to assume the exclusive defense of any matter subject to indemnification by you at AQ-IQ, LLC’s own expense.
  1. Confidentiality – You shall maintain the confidentiality of information that has been, and will continue to be, provided to you by AQ-IQ, LLC in connection with the use of the Service. You specifically agree as follows:

14.1 Obligations. You shall (a) maintain in confidence all such information, including but not limited to the Products, (b) not disclose any such information to anyone except Your employees, agents, and consultants on a need-to-know basis (and who have been informed of and acknowledge their obligation to be bound by the terms of these confidentiality terms), and (c) not use AQ-IQ, LLC’s confidential information for any purpose other than that for which it is disclosed. All confidential information shall remain the sole property of AQ-IQ, LLC. You shall have no right, title, or interest in or to the confidential information.

14.2 Confidential Information. Information considered confidential by AQ-IQ, LLC includes, without limitation, information of AQ-IQ, LLC relating to (a) matters of a technical nature such as trade secret processes or devices, know-how, data, formulas, inventions (whether or not patentable or copyrighted), specifications and characteristics of products or services planned or being developed, and research subjects, methods and results, (b) matters of a business nature such as information about costs, profits, pricing, policies, markets, sales, suppliers, customers, product plans, and business concepts, plans or strategies, (c) matters of a human resources nature such as employment policies and practices, personnel, compensation and employee benefits, (d) other information of a similar nature not generally disclosed by AQ-IQ, LLC to the public, (e) information concerning Your use of the service, including without limitation, Your responses to the product and/or site usage surveys, and (f) the Products.

14.3 Exclusions. The obligations imposed by these confidentiality terms shall not apply to any information that (a) is proven by you to have been rightfully received from a third party without accompanying use or disclosure restrictions; or (b) is proven by you to have been independently developed by employees of your organization who have not had access to such confidential information; or (c) is or becomes publicly available through no wrongful act of you; or (d) is already known to you as evidenced by documentation bearing a date prior to the date of disclosure; or (e) is approved for release in writing by an authorized representative of AQ-IQ, LLC; or (f) is required to be disclosed pursuant to court order, duly authorized subpoena, or governmental authority (but you shall immediately give AQ-IQ, LLC written notice and an opportunity to contest such required disclosure).

14.4 Remedies. The parties agree that the remedy at law for any breach of any of the covenants and agreements set forth in these confidentiality terms may be inadequate and that, in the event of any such breach or threatened breach, AQ-IQ, LLC shall, in addition to all other remedies which may be available to it at law, be entitled to equitable relief in the form of preliminary and permanent injunctions without the necessity of proving damages. You further agree that the terms of these confidentiality terms shall in no way restrict or limit any other remedies AQ-IQ, LLC may have against You. AQ-IQ, LLC shall be entitled to recover the costs including reasonable attorney’s fees, to enforce its rights under these confidentiality terms.

14.5 Return of Confidential Information. Upon the written request of AQ-IQ, LLC, You shall return, or certify that it has destroyed, all information disclosed under these confidentiality terms and any memorandum, diagrams, or any other documents containing any information disclosed under these confidentiality terms.

14.6 Enforceability. In the event any one or more of the provisions of these confidentiality terms shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

14.7 Application. This Confidentiality Agreement shall control in lieu of and notwithstanding any proprietary or restrictive legends or statements inconsistent with these confidentiality terms that may be associated with any particular information disclosed hereunder.

14.8 Surviving Obligations. The confidentiality obligations under these Terms shall survive any termination, expirations, or rescission of these Terms, as well as continue beyond any time in which You were using the Service.

  1. Force Majeure – No party shall be liable for any performance failure, delay in performance, or lost data under these Terms (other than for delay in the payment of money due and Payable hereunder) to the extent said failures or delays are proximately caused by

(i) failures of Software or other computer programming,

(ii) natural weather events, or

(iii) any other causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms, provided that in any such event, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.

  1. Services Provided – AQ-IQ, LLC provides web-based educational programs, downloadable documents and other resources to its customers via subscription.

Copyright © 2014 AQ-IQ, LLC. All rights reserved.
Terms last updated 5/25/2018

 

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