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IQ Learning Center Terms Of Use:

IQ Learning Center Inc. (“Company”, “we”, “us”, or “our”), offers websites (the “Sites”) and mobile, desktop, and connected TV applications (the “Applications”, and, together with the Sites, the “Properties”), including without limitation all content, materials, information, software, products and services available on the Properties, to you, the user, conditioned upon your acceptance of these Terms of Use. For purposes of these Terms of Use, “Affiliates” means any entity that we control, are controlled by, or are under common control with.

Please read these Terms of Use carefully. By visiting or using the Site or the Applications, you agree to be bound by these Terms of Use and to use the Properties in accordance with these Terms of Use, which is incorporated herein by reference, and any additional terms and conditions that may apply to specific sections of the Properties or to products and services available through the Properties. If you do not agree with these Terms of Use, you must immediately discontinue your use of the Properties.

We reserve the right to change or discontinue at any time any aspect or feature of the Properties without notice to you. Additionally, we reserve the right to change these Terms of Use or to impose new conditions on use of the Properties from time to time, in which case we will post the revised Terms of Use on the Properties. Any modifications are effective immediately upon posting. By continuing to use the Properties after we post any such changes, you accept the modified Terms of Use.

PERSONAL AND NONCOMMERCIAL USE

The Properties are for your personal and noncommercial use only, unless otherwise permitted by us. The Properties are not marketed to children under age thirteen. As a condition of your continued use of the Properties, you warrant to us that you will not use the Properties for any purpose that is prohibited by these Terms of Use or by applicable international, federal, state, or local laws, and that you are at least thirteen years of age if you purchase any of our products.

PROHIBITED CONDUCT/ACTIVITY

It is a condition of your use of the Properties that you do not:

  • Use any robot, spider, spyware, or any other device, method, or processes on the Properties, for any purpose.
  • Scrape, data-mine or data-crawl the Properties or engage in any data gathering or data extraction practices for any purpose.
  • Gain unauthorized access to the Properties, or any account, computer system, or network connected to the Properties, by hacking, password mining or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Properties.
  • Use the Properties to post or transmit any information, software or other material that contains a virus, worm, time bomb, or other harmful component.
  • Use the Properties to post, transmit or in any way exploit any information, software or other material for commercial purposes.
  • Gather, for marketing purposes or any other purpose, any email addresses or other personal information that has been posted by other users of the Properties without prior, written consent from us or the data subject.
  • Use the Properties to engage in or conduct any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs.
  • Use the Properties for any purpose in violation of applicable law, rule or regulation.

ACCOUNT SECURITY

To access certain components of our Properties, you may be asked to complete an online registration form. Any information provided during the registration process must be complete, current and accurate. If security information, a user name, or a password is created or provided to enable access to the Properties pursuant to your registration, you must treat such information as confidential and not disclose it to any other person or entity. You understand and agree that any information you provide through the Properties will be governed by our Privacy Policy. We reserve the right to disable and/or suspend your account for any reason or no reason, in our sole discretion.

THIRD PARTY WEBSITES

The Properties may contain hyperlinks to websites offered by third parties. Such hyperlinks are provided for your convenience only. We are not responsible for the content of any such website and our inclusion of hyperlinks to such websites does not imply any endorsement or sponsorship by us of the material on such websites or any association with their operators.

INTELLECTUAL PROPERTY

The Properties and all the materials available on the Properties are the property of us or our licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use the Properties or the materials available on the Properties in a manner that infringes the owner’s rights or that has not been authorized by the owner. Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transmit, transfer, sell, exploit, or distribute in any manner or medium (including by email or other electronic means) any material contained on the Properties without the prior consent of the owner. None of the material contained on the Properties may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent.

Your use of any software available on or through on the Properties is governed by the end user license agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such end user license agreement. For any software not accompanied by an end user license agreement, we hereby grant to you a limited personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by us in accordance with these Terms of Use, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms of Use.

You may make single copies of materials displayed on the Properties for your personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Properties. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from us or from the owner of the copied material.

COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes that any material on the Properties infringe your copyright, you may seek to have the material removed by sending us a notice that includes: (a) your full name, address and telephone number; (b) your e-mail address; (c) identification of the copyrighted work(s) that you believe to be infringed; (d) identification of the infringing material and information sufficient for us to locate the material; (e) a statement of your good faith belief that the material infringes your copyright and the use is not authorized by the copyright owner, its agent or the law; (f) a statement, under penalty of perjury, that the information provided in the notice is accurate, and that you are the copyright owner or you are authorized to act for the copyright owner; and (g) your physical or electronic signature.

Company’s Copyright Agent to receive notices of claimed infringement can be reached at:

IQ Learning Center
Address: 4923 Constance Street, Shawnee, Kansas 66216
Email: miket@iqweather.com
Phone: (913) 229-4932

Upon receipt of a notice complying with all of the above requirements, we will act to remove infringing materials.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our officers, directors, shareholders, employees, agents, licensors and suppliers from and against any and all claims, actions, demands, liens, allegations, damages of every kind and description, encumbrances, losses, costs, expenses, fines, liabilities and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your use of the Properties or any content, product or service offered through the Properties; (ii) your use of any User Content or use by others of User Content submitted by you; or (iii) your infringement or alleged infringement of the copyright, trademark, patent, publicity rights, or other proprietary rights of third parties or your breach or alleged breach of any representation, warranty, or covenant made by you in these Terms of Use. Either we or the indemnified party will notify you of any such claim, suit or proceeding and will reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. You may not settle any such claim, suit, or proceeding without the indemnified party’s prior written consent.

NO WARRANTIES

YOU USE THE PROPERTIES AT YOUR OWN RISK. THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION THAT ANY CONTENT CONTAINED ON THE PROPERTIES SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. NEITHER US NOR OUR SUBSIDIARIES, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PROPERTIES, OR ANY WARRANTY OR REPRESENTATION THAT THE PROPERTIES OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE PROPERTIES, INCLUDING THE SERVERS THAT MAKE THEM AVAILABLE, WILL MEET YOUR EXPECTATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE PROPERTIES ON BEHALF OF COMPANY.

YOU MUST PROVIDE AND ARE SOLELY RESPONSIBLE FOR ALL HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS THE PROPERTIES. YOU ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY DAMAGE TO, AND ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF, THAT HARDWARE AND/OR SOFTWARE.

EXCLUSION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL WE OR ANY OF OUR EMPLOYEES, PARENTS, SUBSIDIARIES, LICENSORS, SUPPLIERS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE PROPERTIES, DELAY OR INABILITY TO USE THE PROPERTIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE PROPERTIES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT WE AND OUR LICENSORS, SUPPLIERS, PROVIDERS OF INFORMATION, AGENTS AND ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS OR ASSIGNS SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE PROPERTIES.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE PROPERTIES, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE PROPERTIES, OR WITH ANY OF THE PROPERTIES’ TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE PROPERTIES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SERVICE PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

TERMINATION OF PRIVILEGES

You understand that we have no obligation to monitor any areas of the Properties, including those through which users can supply User Content. However, we reserve the right at all times to monitor any areas of the Properties to determine compliance with these Terms of Use and any other operating rules that may be established by us from time to time. We reserve the right to deny, suspend, or terminate access to the Properties or any features of the Properties to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy the Properties or infringes the rights of others or for any other reason to be determined in our sole discretion. We also reserve the right to remove or refuse to post any information, User Content, or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.

We have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Properties.

In the event of termination, you are no longer authorized to access the part(s) of the Properties affected by such termination. The restrictions imposed on you with respect to material downloaded from the Properties, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive any such termination.

PRIVACY

You may have to submit certain information to us in order to use certain features of the Properties and we may collect certain information about you when you use the Properties. By using the Properties you consent to our use, collection, storage, and dissemination of your information. Our collection of any information from or about you is governed by our Privacy Policy.

GENERAL

These Terms of Use (including the Privacy Policy) constitute the entire agreement and understanding between you and us with respect to your use of the Properties, and supersede all prior or contemporaneous communications and/or proposals. In the event any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be severable from these Terms of Use and such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Waiver by us of any breach or failure to comply with any provision of these Terms of Use by you shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of these Terms of Use. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Properties to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

JURISDICTION

The Properties are controlled by us from the United States of America. We make no representation that materials on the Properties are appropriate or available for use in other locations. Those who choose to access the Properties from other locations do so on their own initiative and are responsible for compliance with local laws. These Terms of Use shall be governed in accordance with the laws of the State of Kansas. Any action brought to enforce these Terms of Use shall be brought in the state or federal courts located in Johnson County, Kansas.

CONTACT US

If you have any questions about these Terms of Use or your dealings with us you may contact us:

By email: miket@iqweather.com
By phone: (913) 229-4932
By mail: IQ Learning Center, Inc.
4923 Constance Street
Shawnee, Kansas 66216

Thank you for visiting our Properties.