MODIFICATIONS AND UPDATE
USE OF WEBSITE AND PROHIBITED ACTIVITIES
You agree that you will not: (1) permit any third party to use the Website, (2) use the Website in the operation of a service bureau, or (3) sublicense the use of the Website to third parties.
COPYRIGHT AND AUTHORIZED USAGE OF MATERIALS
All content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of IQStrategix, are the property of IQStrategix and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED, EXCEPT AS PROVIDED BELOW. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of IQStrategix and is protected by United States and international copyright laws. All software used on this site is the property of IQStrategix or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by IQStrategix pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited. You may copy or refer to limited portions of the Website for informational purposes or in connection with your review of the IQStrategix services provided that you retain the references (URL or Website domain) to show that the materials are from this Website, or otherwise refer to or credit IQStrategix with authorship and ownership of the materials. If you wish to utilize anything more that this limited use, please contact IQStrategix for permission.
USER IDS AND PASSWORDS
VALIDITY AND ACCURACY OF DATA
IQSTRATEGIX DOES NOT REPRESENT OR WARRANT THAT ANY SERVICE OR INFORMATION PROVIDED BY IQSTRATEGIX IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE. YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO YOUR USE OF THE WEBSITE. IQSTRATEGIX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE WEBSITE IN ANY JURISDICTION, STATE OR REGION. THE WEBSITE MAY INCLUDE INFORMATION POSTED BY THIRD PARTIES. IQSTRATEGIX DOES NOT ASSUME THE RESPONSBILITY TO MONITOR OR EDIT SUCH POSTINGS. IQSTRATEGIX DISCLAIMS ALL RESPONSIBILITY FOR SUCH INFORMATION AND YOU AGREE NOT TO HOLD IQSTRATEGIX RESPONSIBLE FOR SUCH INFORMATION OR MATERIALS.
CHILDREN UNDER 18
IQStrategix does not collect seek to collect information from or provide information or services to people under the age of 18. If you are under 18, you may use the Website only with involvement of a parent or guardian. IQStrategix reserves the right to refuse service, terminate accounts, remove or edit content, or take other actions in its sole discretion.
When you provide IQStrategix or post any content, including, but not limited to, articles, blog posts or content, photographs and videos, you grant IQStrategix the right to use that content for all purposes. You agree that IQStrategix is under no obligation to: (1) maintain any of your materials in confidence; (2) to pay to you or any user any compensation for any such materials; or (3) to respond to any of your or any other user’s materials. You represent and warrant to IQStrategix that you own all right, title and interest in and to any written content, photographs, videos and other works that you submit to IQStrategix. If you provide IQStrategix with any articles to be posted on the Website (“Work Product”), then you grant a license to IQStrategix to display and use all Work Product without charge.
You agree that you will not post or attempt to post any inappropriate content to the Website. While IQStrategix may try to prevent adult or other inappropriate content from appearing in either files and links, IQStrategix assumes no responsibility for the accuracy or completeness of any actions, nor does this Website feature imply any obligation on the part of IQStrategix to censor such content either automatically or manually. While IQStrategix respects the right of individuals to free expression, IQStrategix cooperates fully with all law enforcement in preventing dissemination of child pornography or any other illegal content.
LINKS TO THIRD PARTY SITES
IQStrategix may contain links to other websites (“Linked Sites”). If you go to any Linked Sites, you may be leaving the Website. Unless otherwise indicated, IQStrategix is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of IQStrategix and IQStrategix is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. IQStrategix does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. IQStrategix is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by IQStrategix. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.
LINKING TO IQSTRATEGIX
Linking to IQStrategix from another website (“Linking Site”) is only allowed under the following conditions. A Linking Site may link to, but not replicate, IQStrategix’s content. A Linking Site shall not create a frame, browser or border environment to IQStrategix’s content and a Linking Site shall not imply that IQStrategix is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with IQStrategix, shall not provide false information about IQStrategix’s products or services, and shall not unlawfully use the copyrights or trademarks owned by IQStrategix or others. Linking Sites shall abide by any and all applicable laws.
LIMITATION OF WARRANTIES
THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. INFORMATION ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. IQSTRATEGIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, IQSTRATEGIX AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IQSTRATEGIX DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, “TROJAN HORSES” OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES.
LIMITATION ON DAMAGES
IN NO EVENT SHALL IQSTRATEGIX AND/OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM IQSTRATEGIX THROUGH THIS WEBSITE.
LIMITATION ON LIABILITY
IQSTRATEGIX’S AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ITS AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $100 (ONE HUNDRED DOLLARS).
RELEASE AND INDEMNIFICATION
COPYRIGHT INFRINGEMENT POLICY
You may not use the Website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party. IQStrategix reserves the right to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
IQStrategix is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. All claims of infringement must be submitted to IQStrategix in a written complaint that complies with the requirements below and is delivered to IQStrategix’s designated agent to receive notification of claimed infringement:
- By mail: IQStrategix:
- 1700 River Road, #7
- Marysville, Michigan 48040
- United States of America
- By phone:
Contact IQStrategix by e-mail: CS@IQStrategix.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IQStrategix to locate the material.
4. Information reasonably sufficient to permit IQStrategix to contact you, such as your address, telephone number, and/or electronic mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
“IQSTRATEGIX” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this Website is the sole property of IQStrategix. IQStrategix’s trademarks may not be used in connection with any product or service that is not owned by IQStrategix in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IQStrategix. Any trademarks not owned by IQStrategix that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of IQStrategix or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
If any provision of these terms, conditions and notices is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and all remaining provisions will remain in full force.
RESOLUTION OF DISPUTES
• Forum for Disputes - Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, you agree to submit to the jurisdiction and venue of the Circuit Court for the County of Macomb, State of Michigan or, if original jurisdiction can be established, the United States District Court for the Eastern District of Michigan with respect to any action arising, directly or indirectly, out of your use of the Website
• Arbitration Option - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All Claims you bring against IQStrategix must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, IQStrategix may recover actual attorneys’ fees and costs.