January 1, 2019
Welcome to EQandIQ’s website located at www.eqandiq.com and/or its associated applications branded EQandIQ (collectively the “Site“) (we refer to the Site and the videos, learning programs and other content/services provided through the Site, collectively, as the “EQandIQ Features“). These Terms of Service (“Terms of Service“) set forth an agreement between you and EQ and IQ LLC (“EQandIQ“) governing your use of the EQandIQ Features.
By using any of the EQandIQ Features, or by creating a user account, you signify your irrevocable acceptance of these Terms of Service. If you do not agree to these Terms of Service and the Privacy Policy, then you are not authorized to use any of the EQandIQ Features.
The EQandIQ Features
The EQandIQ Features, including the videos and related learning programs, are for informational purposes only and are to be used for general, educational discussion purposes only. The EQandIQ Features are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical (including psychological) condition.
Never disregard professional medical advice or delay in seeking it because of something you have seen or read on the Site!
If you have any worries or inquiries about a child’s well-being, then please immediately obtain medical (including psychological) advice, diagnosis and/or treatment from a qualified professional.
Accounts and Security
You acknowledge that EQandIQ may offer to you the ability to participate in our “pilot” program at no cost. Users who create an Account as part of the “pilot” program will not be charged any fees during the “pilot” period and will not be required to add in credit card or other payment information. However, when the “pilot” period ends (as determined by EQandIQ), you will be required to enter your credit card or other payment information to continue to use the EQandIQ Features.
You acknowledge and agree that access and use of the EQandIQ Features is available on a subscription basis. Access to each account is limited to one (1) Primary Member and a number of subaccounts as determined by EQandIQ on the Site (referred to herein as an “Account“). You acknowledge and agree that (i) your subscription may be automatically renewed; (ii) EQandIQ may establish a limit to the number of subaccounts; (iii) EQandIQ may establish a limit to the number of times any given piece of content on the Site may be accessed by a given Account; and, (iv) EQandIQ may charge you additional fees if you exceed the maximums as set forth pursuant to sections (ii) and/or (iii). EQandIQ reserves the right to charge additional monthly fees and/or to change fees and/or surcharges and/or to change the configuration of Accounts at any time upon fourteen (14) days prior written notice (which may include posting on the Site).
To use certain EQandIQ Features, in addition to any fees that may be due, you will be directed to register with the Site and create an Account or otherwise provide EQandIQ with certain information about yourself and/or your school, facility or company (collectively “Subscribing Entity(ies)”). The number of Accounts you and a Subscribing Entity will be able to create is limited by your subscription agreement provided by, and entered into with, EQandIQ when you create your Account (which includes these Terms of Service). As part of the registration process, you may be asked to submit your name, email address, mailing address, user name and phone number, credit or debit card and/or similar information and to select a password. You agree that all information you provide to EQandIQ for purposes of creating an Account (“Registration Information“) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of these Terms of Service and may result in the termination of your Account.
You agree to immediately notify EQandIQ of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. EQandIQ is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
Privacy
All information about you including your Registration Information and any information stored or transmitted in any way on the Site or through the use of the EQandIQ Features is subject to EQandIQ’s Privacy Policy.
Use of the EQandIQ Features
EQandIQ reserves the right to immediately terminate your Account, or suspend your access to your Account, in its sole discretion and without notice.
You acknowledge, consent and agree that EQandIQ may access, preserve and disclose Registration Information, or other information, that you provide if EQandIQ is required to do so by law or, to the extent permitted by law, if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (A) comply with legal process, (B) enforce these Terms of Service, (C) respond to claims that any Personal Information or content violates the rights of any third parties, (D) respond to your requests for customer service, or (E) protect the rights, property or personal safety of EQandIQ, its employees, partners, agents or members of the public.
Links to Other Websites
The Site may contain links to other Internet websites and resources. EQandIQ may provide links and, if it does so, they are merely as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by EQandIQ of such websites or any content contained therein. You acknowledge and agree that EQandIQ is not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources either via links provided by EQandIQ or by any user or third party.
Proprietary Rights
You acknowledge and agree that EQandIQ, and its licensors, retain all right, title and interest in and to all data and information (excluding data and information that you provide), content and materials provided on the Site (including, without limitation, video, text, images, graphics, page headers, EQandIQ’s trademarks and logos, the selection and arrangement of elements displayed on the Site, the compilation of all content and materials on the Site and the business processes, procedures, methods and techniques used in the EQandIQ Features) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world. You may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual element provided on the Site, (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, link to, publicly display or perform, or in any way exploit any content, materials or individual element provided on the Site without EQandIQ’s prior written consent, (iii) make any commercial use or any derivative use of any of the EQandIQ Features or any of the content, materials or individual element provided on the Site, (iv) frame or utilize framing techniques to enclose any content, materials or individual element provided on the Site or create a link to the Site accessing such content, materials or element without EQandIQ’s prior written consent, (v) use any circumvention tools or any metatags or other hidden text utilizing EQandIQ’s name, trademark, URL or the name of any of the EQandIQ Features without EQandIQ’s prior written consent, or (vi) disassemble, decompile or reverse engineer any of the materials or underlying software made available on or through the Site or used to provide any of the EQandIQ Features.
Liability
You acknowledge that the use of the Site and/or any of the EQandIQ Features is at your own risk.
THE SITE AND THE EQANDIQ FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall EQandIQ or its licensors or providers, together with their respective employees, agents, directors, officers and shareholders (the “EQandIQ Affiliates”), be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the EQandIQ Features, whether based on warranty, contract, tort, or any other legal theory, and whether or not EQandIQ or the EQandIQ Affiliates are advised of the possibility of such damages. EQandIQ and the EQandIQ Affiliates shall be liable only to the extent of actual damages incurred by you, not to exceed the lesser of U.S. $100 or the subscription fees for your Account for the prior three month period. EQandIQ and the EQandIQ Affiliates are not liable for any personal injury, including death, caused by your use or misuse of the Site or the EQandIQ Features. Any claims arising in connection with your use of the Site or the EQandIQ Features must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Service are exclusive and are limited to those expressly provided for in these Terms of Service.
No Medical or Other Professional Advice Provided on the Site
THE SITE AND THE EQANDIQ FEATURES ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE USE OF THE EQANDIQ FEATURES AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THE SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Your access or use of the Site and the EQandIQ Features does not create in any way a confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or any other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.
Termination
You agree that EQandIQ, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Site or any of the EQandIQ Features at any time under certain circumstances including, but not limited to, if EQandIQ believes in good faith that you have violated or acted inconsistently with these Terms of Service or any applicable law, rule or regulation or that you have engaged in conduct that EQandIQ determines to be inappropriate or unacceptable.
Indemnity
You agree to defend, indemnify and hold EQandIQ and its licensors, licensees, affiliated companies, and marketing partners, together with their respective employees, agents, directors, officers and shareholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Site or any of the EQandIQ Features, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or any of the EQandIQ Features or (iv) your use or disclosure of another person’s personal or medical information.
Miscellaneous
EQandIQ has the right to modify or update these Terms of Service at any time (without providing personal notice to you). Any additional or different terms in these Terms of Service shall be effective upon being posted on the Site. Your continued use of any of the EQandIQ Features following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of those additional or different terms.
EQandIQ reserves the right to refuse to provide you with access to any of the EQandIQ Features or to refuse to allow you to create a user account for any reason.
If you are younger than 18 years old, you must get permission to access the EQandIQ Features from a parent, guardian or teacher via their account, and your parent, guardian or teacher must agree to these Terms of Service. Anyone under the age of 18 years is not authorized to open an account.
These Terms of Service, and any other agreement regarding the EQandIQ Features between you and EQandIQ, constitute the entire agreement between you and EQandIQ with respect to your access and use of the Site and the EQandIQ Features and supersede all prior and contemporaneous agreements between you and EQandIQ. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. EQandIQ’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of New Jersey, and applicable federal law, without regard to any conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Bergen County, New Jersey. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the EQandIQ Features, that you and EQandIQ will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Bergen County, New Jersey with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
If you have any questions about these Terms of Service or your rights or EQandIQ’s obligations relating to any of the EQandIQ Features, please email us at info@eqandiq.com or you may contact us by mail at:
EQ and IQ, LLC
P.O.Box 1382
Ridgewood, NJ 07451