- Description of Services.
In the Site, IQ provides users with descriptions of IQ’s services, a weblog (or “Blog”) where you have the opportunity to read and comment on content posted by IQ (the “Content”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
- License and Site Access.
IQ grants you a limited license to access and make to personal use of the Site and the Content. This license does not permit you to, and you agree that you will not: (i) collect, download, copy, cache or use Content for the benefit of any third party; (ii) link to any internal or subsidiary pages of the Site located one or more levels behind the main page (“deep linking”); (iii) upload to, post on, or transmit through the Site any information that you do not have a right to make available (such as the intellectual property of another party); (iv) upload to, post on, or transmit through the Site any material that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) take any action that imposes or may impose (in IQ’s sole discretion) an unreasonable or disproportionately large load on IQ’s infrastructure; (vi) enter information or download information from the Site through any means other than direct user interaction with the pages on the Site (for example, but not as a limitation, “screen scraping” is expressly prohibited); or (vii) make any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by IQ to prevent or restrict access to the Site. Any unauthorized use of the Site or any Content by you shall terminate the permission or license granted to you by IQ and will make any further use of the Content or the Site an infringement of IQ’s intellectual property rights.
- Your Account.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted if you use the Site’s registration form (the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or IQ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IQ has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify IQ immediately of any unauthorized use of your account or any other breach of security. IQ reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
- Terms Specifically Applicable to Blog Posts and Comments.
The following terms apply specifically to the blog section of the Site:
- We are responsible for physically handling all content on this weblog. As such, we reserve the right to edit, amend, withhold, or reject any comments or entries that are deemed libelous, derogatory, controversial, offensive, or otherwise inappropriate. When submitting an entry or comment to this weblog, you are of the understanding and agreement that the message(s) you post is subject to change, deletion, or outright rejection without notice or explanation.
- We do not claim ownership of any materials you make available through the Site. With respect to such materials you submit or make available for inclusion on the Site, you grant IQ Solutions a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this section.
- Any views, opinions, or thoughts articulated in postings and/or comments from third party contributors to this weblog do not in any way represent the views of IQ Solutions, its employees, managers, customers, or business partners. IQ Solutions repudiates any and all legal liability for postings by external authors and contributors.
- You agree not to make comments, opinions, or other remarks on IQ Solutions’ weblog that in any way reveal confidential information of, or break non-disclosure/non-competition agreements with third party companies, institutions, or organizations.
- You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
- Advertisements or solicitations of any kind;
- Impersonate others or provide any kind of false information;
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references;
- Messages by non-spokesperson employees of IQ Solutions purporting to speak on behalf of IQ solutions or containing confidential information of IQ Solutions;
- Messages that offer unauthorized downloads of any copyrighted or private information;
- Multiple messages placed within individual folders by the same user restating the same point;
- Chain letters of any kind;
- Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
- Disclaimer of Warranty.
EXCEPT AS OTHERWISE SPECIFIED IN A SEPARATE AGREEMENT BETWEEN YOU AND IQ SOLUTIONS, IQ SOLUTIONS MAKES NO WARRANTIES WITH RESPECT TO ANY PRODUCTS, CONTENT OR SERVICES PROVIDED. AS BETWEEN YOU AND IQ SOLUTIONS, ALL PRODUCTS, CONTENT AND SERVICES ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANTI-VIRUS, SECURITY OR ACCURACY.
IQ SOLUTIONS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL IQ Solutions BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
- Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IQ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
You agree to indemnify and hold IQ Solutions (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Service, or your violation of any law or the rights of a third party.
- Electronic Communication.
When you use the Site or send e-mails to IQ, you are communicating with IQ electronically. You consent to receive communications from IQ electronically. IQ will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site may provide links to other World Wide Web sites or resources. Because IQ has no control over such sites and resources, you acknowledge and agree that IQ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that IQ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- Site Policy Modification.
IQ Solutions, and other IQ service names are trademarks, registered trademarks or trade dress of IQ or its affiliates in the U.S. and/or other countries. IQ’s trademarks and trade dress may not be used in connection with any product or service that is not IQ’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IQ.
- Procedure for Claims of Intellectual Property Infringement.
IQ Solutions respects the intellectual property of others, and we ask our users to do the same. IQ Solutions may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide IQ Solutions’ Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
IQ Solutions’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent IQ Solutions
Attn: John Jensen
Pillsbury Winthrop Shaw Pittman, LLP
2300 N St., NW
Washington, DC 20037
By phone: (202) 663-8000 | By fax: (202) 663-8007
- Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this Terms of Service, or any general legal principles to the contrary, any provision of this Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms of Service.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This Terms of Service and the relationship between you and IQ will be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and IQ agree to submit to the personal jurisdiction of the federal and state courts located in the State of Maryland with respect to any legal proceedings that may arise in connection with this Terms of Service. The failure of IQ to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. IQ does not guarantee it will take action against all breaches of this Terms of Service. Except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this Terms of Service. This Terms of Service constitutes the entire agreement between you and IQ and governs your use of the Site, superseding any prior agreements between you and IQ with respect to the Site.
Description of Modification
May 14, 2009