eQ Technologic, Inc. and our affiliates (collectively, “eQ,” “we,” “us” or “our”) own and operate the website available at 1eQ.com (“Site”). By accessing or using the Site, by submitting information regarding employment opportunities, or by otherwise interacting with eQ’s products, events, or services (collectively with the Site, the “Services”), you agree to the following Terms and Conditions, acknowledge that your personal information and other data may be processed as described in our Privacy Policy, and agree to be bound by any other terms that are made available through the Services, all of which are hereby incorporated by reference (collectively, the “Agreement”).

Please read this Agreement carefully. The Agreement applies to anyone (“you” or “your”) who uses or interacts with eQ’s Services and any content or material provided through the Services.

This Agreement applies only to the Services identified above. Other events, sites, apps, social media accounts, or other content eQ makes available to you may have their own terms and conditions that should be reviewed.

This Agreement is effective as of 23^rd August, 2024.

IMPORTANT, READ CAREFULLY – ARBITRATION NOTICE: BY CLICKING ANY BOX OR BUTTON OR TAKING ANY OTHER ACTION INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, OR BY OTHERWISE ACCESSING OR USING eQ’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. YOU FURTHER AGREE THAT ANY DISPUTES BETWEEN YOU AND eQ WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH IN THIS AGREEMENT, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN YOU AND eQ AND GOVERNS YOUR ACCESS TO, ATTENDANCE, AND USE OF OUR SERVICES. BY ACCESSING OUR SITE OR BY USING OUR OTHER SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY, YOU REPRESENT AND WARRANT THAT: (1) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND MAY BIND SUCH ENTITY TO THIS AGREEMENT; AND (2) SUCH ENTITY HAS FULL POWER AND AUTHORITY, CORPORATE OR OTHERWISE, TO ENTER INTO AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO BE SO BOUND, YOU ARE NOT AUTHORIZED TO USE THE SERVICES. THE SERVICES ARE NOT AVAILABLE TO ANYONE WHO IS NOT LEGALLY ELIGIBLE TO BE BOUND BY THIS AGREEMENT. YOUR RIGHTS TO USE THE SERVICES ARE FURTHER LIMITED BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.

eQ may provide special promotions and other offerings in connection with the Services that could have additional terms and conditions or rules. If any portion of this Agreement conflicts with the special terms or rules for any such promotional offering, the conflicting portion of the special terms or rules will govern for that specific promotional offering unless stated otherwise.

eQ is not responsible for unsolicited content or ideas you may attempt to transmit to us directly. If you do send us unsolicited content or ideas, you agree that we may use such content and ideas in any way we wish without any compensation to you.

The eQ Sites are provided by eQ Technologic, Inc., an entity established under the laws of the Commonwealth of Pennsylvania, USA.

You may submit inquiries regarding personal data protection, privacy and security matters or contact us for other reason via DPO@1eQ.com or by writing to


eQ Technologic, Inc.
Attn Privacy Support,
501 Office Center Drive,
Suite 7, Fort Washington,
PA-19034, USA.

You can call us on 215-891-9010 from within the USA or from outside the USA call +00-1-215-891-9010.
Tollfree: +1-877-279-5732 | Fax: +1-215-359-1378

eQ is working to maintain the accessibility and usability of the Site. It is important to note that the Site’s accessibility efforts are ongoing as we work to implement improvements consistent with the Web Content Accessibility Guidelines over time.

For assistance in better understanding the content of this page or any other page on the Site, please call 1-215-891-9010 during eQ’s normal business hours, which are Monday to Friday (excluding holidays) from 9 am through 5 pm Eastern time. If you would prefer to provide feedback by email, please write to us at support@1eQ.com and be sure to specify the webpage where you may be having issues relating to assistive technology such as screen readers, so that we can look into making that page more accessible.

Any content, information or materials made available on the Site or through our other Services is intended for communication, entertainment, and informational purposes as well as for other interactive uses, subject to the terms and limitations of this Agreement. You agree that you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking express written approval from eQ. You may not use any content available through the Services to establish any independent data files, databases, compendiums, or any other reference materials.

THE USE OF OR RELIANCE ON ANY INFORMATION CONTAINED ON OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

Any and all content, material, or offerings presented on or through the Services are subject to availability. eQ will try its best to make the Services useful, but eQ does not warrant that any content available through the Services will be accurate or reliable, and does not guarantee that reliance on any information or content available through the Services will be entirely without defect.

eQ hereby grants you a revocable and nonexclusive right and license to use and access the Site and our related Services in a manner that is consistent with the other terms in this Agreement and the Services’ intended purposes. eQ reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in this Agreement.

Other than any exceptions that may be referenced in this Agreement, all content appearing on or through the Services including, but not limited to, graphics, text, documents, data, design, buttons, names, marks, logos, images, photos, video, audio, icons, software and its underlying code, domain names, as well as the color selection, assembly, and arrangement of content (collectively “eQ Content”) are the sole property of eQ or its suppliers and/or licensors, and are protected by U.S. and international copyright, trademark, and other applicable intellectual property laws.

Any use of eQ Content that is not consistent with the intended purpose of the Services, including any modification, reproduction, republication, uploading, posting, transmission, reverse engineering, creation of derivative works, or distribution in any form or by any means without eQ’s prior written consent, is strictly prohibited. No other use is permitted without eQ’s prior written consent. You may not sell, transfer, assign, license or sublicense any eQ Content. The use or posting of any eQ Content on any other web site or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your right to access and/or use the eQ Content and the Services shall automatically terminate and you shall immediately destroy any copies you have made of any eQ Content. eQ Content protected by this Agreement may include, without limitation, certain third-party copyrighted images made available on or through the Services. You acknowledge that you have no rights in such third-party eQ Content. Unauthorized use of any eQ Content may result in violation of copyright, trademark, and other intellectual property rights or protections available under applicable law. You acknowledge that no right, title or interest in any of the eQ Content is transferred to you as a result of you accessing, downloading or printing any eQ Content from the Site. Any use of eQ Content must display the appropriate copyright, trademark and other proprietary notices. All software used in connection with the Services is the sole property of eQ or those supplying or licensing the software.

You acknowledge that you have no right, title, or interest in or to the Services or any eQ Content.

eQube® as well as the graphic representation of the logo of eQube are Registered Trademarks of eQ Technologic, Inc., registered in the United States Patent and Trademark Office. Other trademarks, product names, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are trademarks or trade dress of eQ, or they may be the property of their respective owners.

There may be other content available through the Services which is not owned by eQ, and you should respect those property rights as well. All rights not expressly granted herein are reserved to eQ.

The Services are intended for individuals eighteen (18) years of age or older. If you access or use the Services outside of the United States, you do so at your own risk and acknowledge that such actions do not violate your local laws and regulations. By using the Services, you agree that information about you may be transmitted to and stored in the United States. You are not permitted to violate any laws when using or accessing the Services.

eQ does not knowingly collect information from children, including those younger than thirteen (13) years of age. If you are a child, do not submit any information to eQ. If a parent, guardian, or other concerned person becomes aware that we have collected information from a child, including one less than 13 years of age, please contact us promptly and we will take steps to delete and remove any such information.

If you register to set up an account or profile on or through the Services and use a username and password or other account access information (“Account”), you represent and warrant that you meet the following minimum requirements (“Eligibility Requirements”): (1) you have the necessary rights and authority to enter into and perform the obligations required of you as an Account holder under this Agreement; (2) all account and billing information, and all data and information which you transmit using the Services (collectively, “Account Data”) is and will remain within your right to use and is accurate, complete and current; (3) your use of the Services will comply with all applicable laws and regulations; and (4) you will not infringe the rights of any third party (including, without limitation, any intellectual property rights or privacy rights) in your use of the Services.

You will be responsible for all activities occurring under your Account and for keeping your password secure. It is your responsibility to remember to always keep your contact information on your Account up-to-date and to ensure your relevant addresses are accurate. eQ assumes no responsibility or liability for the violations of anyone using your Account. You shall provide eQ with immediate notice if you suspect your Account access information may have been compromised. If you become aware of any violation of this Agreement in connection with any person’s use of the Services under your Account, or of any unauthorized access to or use of your Account, you agree to immediately notify eQ at DPO@1eQ.com of any unauthorized use of your username and password or any other breach of security you know about in relation to eQ or the Services. Any Account holders may cancel their Account(s) at any time by contacting DPO@1eQ.com. eQ may investigate any complaints and violations that come to its attention and may take any (or no) action it believes is appropriate in response to such matters including, but not limited to, issuing warnings, removing any content at issue, and/or terminating Accounts.

You hereby grant to eQ and its licensors a limited, non-exclusive, non-transferable, royalty-free right and license to use, reproduce, manipulate, and display your Account Data solely in connection with providing the Services to you. eQ may analyze your Account Data, and the data of other eQ Account holders, to create aggregated and anonymized statistics or data that do not generally identify you or any other user, and eQ may perpetually use and disclose such statistics or data in its discretion.

In addition to the foregoing license you grant to eQ regarding your Account Data, you hereby agree that to the extent your Account Data includes your personal data, personal information or personally identifiable information, as defined under applicable privacy laws or regulations (“Personal Information”), eQ may process and disclose such Personal Information as described in our Privacy Policy.

As a user of our Services, you may interact with other users of our Services. You acknowledge that you are solely responsible for any interaction you have with other users, and you agree to interact with our Services in a manner that is legal, respectable, and consistent with the terms of this Agreement. eQ is not responsible for the conduct of any other user of the Services who may interact with you, regardless of whether such interaction occurs through our Services.

To the extent you or other users are able to upload or post your own content (“User Content”) as part of any interactions you may have with other users, you acknowledge and agree that any User Content you transmit or otherwise make available through the Services is done on a non-proprietary and non-confidential basis. You hereby grant to eQ and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your User Content for the purposes of: (1) displaying and demonstrating the capabilities and functioning of the Services; (2) marketing the Services, in any media now known or hereafter developed; and/or (3) for any other purposes to which you consent, without compensation to you or any other provider of User Content. This license includes any right of publicity rights that may be present in the User Content.

The transmitting, posting, or making available of User Content through the Services does not indicate any approval or endorsement by eQ of such User Content. eQ does not guarantee the accuracy, integrity, reliability or quality of User Content. eQ has no direct control over and is not responsible for any User Content, and hereby disclaims any and all liability that may arise from User Content.

You acknowledge and agree that eQ may refuse, alter, edit, delete, or disclose any User Content in whole or in part without cause and without notice for any legitimate purpose including, but not limited to, to address any User Content that eQ determines is inappropriate or disruptive to the Services or to any other user of the Services. eQ has no obligation or duty to, and does not represent that it will, monitor, change, or remove any User Content.

You are solely responsible for your Account Data and any User Content that you or anyone using your Account uploads on or through the Services. eQ reserves the right to comply and cooperate with any and all legal requirements, regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your Account Data or User Content. You waive and hold eQ harmless from any claims resulting from any action taken by eQ during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either eQ or law enforcement related to your Account Data or User Content.

You agree that you are responsible for your Account Data, for any User Content you provide or other interactions you have with other users of the Services, and for your other use of the Services. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including, but not limited to: (1) United States export control law and any other laws regarding the transmission of technical data exported from your country of residence; and (2) all anti-spam, privacy, and anti-terrorism laws and regulations. You agree that you are solely responsible for your compliance with all such laws and regulations.

In connection with your access to and/or use of the Services, you agree that you will NOT:

• Discuss, incite, or promote illegal activity;
   
• Transmit anything that imposes an unreasonable or disproportionately large strain on eQ’s network or computer infrastructure;
   
• Upload, post, or otherwise make available any inappropriate or offensive content or language;
   
• Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Services;
   
• Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Services or our computers, servers or networks, or to any computers or systems used by other users of the Services;
   
• Use the Services in a manner that could destroy, damage, or impair any portion of the Services or any computers, systems, hardware, or software used by eQ or other users of the Services;
   
• Make unauthorized attempts to modify any information stored through the Services;
   
• Make attempts to defeat or circumvent security features, or to use the Services for any purpose other than their intended purposes;
   
• Upload, post, transmit, or otherwise disseminate any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations;
   
• Provide false or misleading information through the Services; and/or
   
• Use the Services to send unsolicited bulk email.
   

The previous list of prohibitions is not exclusive. eQ reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement, your Account, and/or your access to all or any part of the Services without prior notice or liability in response to your breach of this Acceptable Use Policy or any other term in this Agreement. eQ reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability in the event of any apparent violation of the terms in this Agreement.

The Services may contain links to other websites, apps, social media platforms, marketplaces or other online services (“Third-Party Links”) not controlled by or affiliated with eQ. If you use these Third-Party Links, you will leave our Services. eQ provides these Third-Party Links to you only as a convenience. eQ is not in any way responsible for the products, services, or any content available through Third-Party Links including, without limitation, any other links displayed on or through such third-party services, nor does eQ warrant that such third-party services or any information available through such services are current, accurate, or error-free. You access and use any Third-Party Links at your own risk. The Third-Party Links are not meant to indicate any association with eQ, and eQ does not endorse any site or any content, goods or services promoted or available through such Third-Party Links. If you access or use any Third-Party Links, you will be subject to the terms and conditions, privacy policy, and other terms or policies applicable to those third-party services. You should review the privacy policies and terms and conditions for such third-party services before using them.

eQ also may allow interaction between our Services and other third-party services such as Facebook, Twitter, Instagram, YouTube, and other social media platforms. This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins on or through the Services that, when used, may allow you to share content from our Services with other persons on or through social media platforms or elsewhere. If you use any of the social media links or buttons available through the Services, eQ is not responsible for any harm to you or others as a result of using one of the interaction functions provided by any third-party social media platforms or services.

This Agreement is in effect from the time you start using eQ’s Services, and unless you are notified otherwise, the term of this Agreement shall continue for as long as you interact with our Services (the “Term”).

Upon any termination of this Agreement: (1) all rights eQ granted to you shall terminate and eQ shall no longer provide you with access to the Services; (2) you shall cease using the Services; and (3) eQ may delete all of your Account Data unless prohibited by applicable law.

TO THE EXTENT PERMITTED BY LAW, eQ, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES (COLLECTIVELY, THE “eQ PARTIES”) MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SERVICES OR eQ CONTENT. THE eQ PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES OR eQ CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF APPROPRIATENESS, RELIABILITY, OR TIMELINESS. THE eQ PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF eQ CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND ANY eQ CONTENT AT YOUR OWN RISK.

THE eQ PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. THE eQ PARTIES DO NOT WARRANT THAT eQ CONTENT, THE SITE, OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE eQ PARTIES SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND ANY eQ CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). THE eQ PARTIES DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE eQ PARTIES BE LIABLE TO ANY USER OF eQ CONTENT OR THE SERVICES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH eQ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (1) THIS AGREEMENT; (2) THE USE OR INABILITY TO USE THE SERVICES; (3) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (4) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR INACCURACIES AVAILABLE ON OR THROUGH THE SERVICES; AND/OR (5) ANY OTHER MATTER RELATING TO THE SERVICES OR ANY LINKS AVAILABLE ON OR THROUGH THE SERVICES. THE TOTAL AGGREGATE LIABILITY OF ANY eQ PARTY TO ANY USER OF THE SERVICES FOR DIRECT DAMAGES ARISING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00 USD) OR THE AMOUNT THE APPLICABLE USER PAID TO THE eQ PARTY(IES) FOR THE SERVICES OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE eQ PARTIES TO ANY USER OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH eQ, THE SERVICES, OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

You agree to indemnify, defend, and hold the eQ Parties harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that any of the eQ Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Services, your breach of this Agreement, the use of the Services by any person using your computer, device, or Account, if applicable, and/or your violation of any applicable law or regulation. Your indemnification obligations shall survive the termination of this Agreement.

If you use the Services outside the U.S., you are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any local laws. By using the Services, you agree and acknowledge that information about you, including personal data, may be transmitted to, processed in and stored in the U.S.

eQ reserves the right to make changes to the Services and this Agreement, including eQ‘s Privacy Policy, at any time. Each time you use our Services, you should visit and review the then current version of the Agreement and Privacy Policy. By continuing to use the Services after any changes to this Agreement are made, you agree to be bound by such amended Agreement and/or Privacy Policy. If you are dissatisfied with the Services, eQ Content, this Agreement or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Services.

By using the Services, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern this Agreement and any dispute that might arise between you and eQ.

YOU AND eQ HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania for any litigation that is not resolved through the arbitration procedures described below and which arises out of or is related to this Agreement, the use of our Services, or any goods referenced or offerings provided through the Services.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE to waive any objection to the venue of any such litigation in Pennsylvania courts, and not to plead or claim in any Pennsylvania court that such litigation has been brought in an inconvenient forum.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND eQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

YOU AND eQ FURTHER AGREE to resolve any claim, dispute, or controversy, including all statutory claims and any state or federal claims, that may arise out of or relate to this Agreement through final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place before a panel of three arbitrators. Within thirty (30) days of the commencement of the arbitration, each party will designate in writing a single neutral and independent arbitrator. The two arbitrators designated by the parties will then select a third arbitrator. The arbitrators will have an appropriate background in the same or related industries to reasonably prepare them to decide a dispute related to the Services provided under this Agreement. The arbitration will be conducted in accordance with the rules and procedures of the American Arbitration Association and the terms of this section. The arbitrators will have the authority to permit limited discovery, including depositions, prior to the arbitration hearing, and such discovery will be conducted consistent with the Federal Rules of Civil Procedure. The arbitrators will have no power or authority to award punitive or exemplary damages. The arbitrators may, in their discretion, award the cost of the arbitration, including reasonable attorneys’ fees, to the prevailing party. Any award made may be confirmed in any court having jurisdiction. Any arbitration will be confidential, and except as required by law, neither party may disclose the content or results of any arbitration hereunder without the prior written consent of the other party, except that disclosure is permitted to a party’s auditors and legal advisers. By agreeing to arbitration, you and eQ understand and agree to waive any rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes.

eQ does not represent that any content available through the Services is completely accurate, and therefore any reliance on such content is done at your own risk. ANY RELIANCE ON ANY INFORMATION, OPINIONS OR RECOMMENDATIONS OFFERED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK.

eQ does not guarantee or promise that any information, opinions or recommendations available through the Services will be helpful or reliable. YOU AGREE THAT eQ IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using any of the Services or implementing in any manner any of the information, opinions or recommendations made available through the Services.

eQ is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to eQ’s computer or network systems that may or may not result in the disclosure of Personal Information you provided to us.

eQ’s failure to enforce any portion of this Agreement is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of this Agreement.

Certain software elements of the Services may be subject to U.S. export laws and controls. No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

Unless otherwise noted, this Agreement, together with our Privacy Policy and any other terms and conditions that appear elsewhere on or through the Services, constitute the entire Agreement of the parties with respect to the Services and supersede all other communications, promises and proposals, whether oral, written, or electronic, between you and eQ with respect to the Services.

If any portion of this Agreement is deemed to be illegal or unenforceable, the remainder of the Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable to the extent permitted by law.