Welcome to IQNOX, LLC, a Florida corporation (“IQNOX,’ “we,” “us,” or “our”). These Terms of Service (these “Terms” or this “Agreement”) govern access and use of IQNOX’s website at https://www.iqnox.com and the utilities and services provided there (collectively, the “Services”).
When you use the Services, these Terms constitute a binding agreement between or among, as applicable, IQNOX, you, and any company on behalf of which you are expressly or impliedly accessing and using the Services. BY COMPLETING THE ACCOUNT REGISTRATION PROCESS OR OTHERWISE USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS THAT ARE INCORPORATED HEREIN.
IQNOX may modify these Terms from time to time, and modified Terms will take effect immediately upon posting to any portion of the Services. Your continued use of the Services after modified Terms have been posted will constitute your acceptance of such modified Terms.
You and we mutually agree to all of the provisions hereof.
1. Definitions
i. “IQNOX Channels” means any social media channels available on or through the Services.
ii. “IQNOX Platform” means the Services and the IQNOX Channels.
2. Access to Services; License
IQNOX hereby permits you to use the IQNOX Platform (“End User(s)”) to access and use the Services in accordance with these Terms. End Users may need to create a user account (“Account”) using a valid email address and provide a password for the Account.
3. User Conduct; Termination
You will use the IQNOX Platform solely in accordance with these Terms. By accessing or using the IQNOX Platform, you will comply with all applicable laws and regulations. Without limitation, you will not use the IQNOX Platform to:
• abuse, harass, threaten, or intimidate other users or customer support personnel;
• submit or transmit any content that is obscene or otherwise violates any law or right of any third party, that is hateful or discriminatory, or that incites violence or criminal conduct;
• attempt to impersonate another user or person;
• conduct any unlawful activity;
• conduct or promote unauthorized advertising, solicitations, or spam;
• upload, post, transmit, or make available any content or other material that contains software viruses, or any other malicious computer code designed to interrupt or limit the functionality of the Services.
You assume full liability for any content posted by you that is in violation of the Terms. IQNOX may suspend, terminate, or cancel your Account and any access to all information on the IQNOX Platform for violation of these Terms, in IQNOX’s sole discretion. Any accrued rights, remedies, obligations, or liabilities will not be affected, including without limitation IQNOX’s right to claim damages in respect of any breach of these Terms or IQNOX’s right to indemnification by you under these Terms. Any provisions of these Terms that expressly, or by implication, have effect after termination will continue in full force and effect.
IQNOX retains the right to retain your information following termination of your Account as required by applicable regulations and IQNOX’s internal policies in order to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions, and for the detection and prevention of fraud.
4. Trademarks and Copyrights
The name “IQNOX” and all other IQNOX marks, logos, taglines, custom graphics, and button icons (collectively, “Marks”) appearing on the IQNOX Platform are service marks, trademarks, or trade dress of IQNOX. No license is granted to you in the Marks and you may not use any Marks for any purpose. All third-party trademarks, product names, company names, and logos used on the IQNOX Platform, if any, are the property of their respective owners, and no license is granted to you with respect thereto.
All software, audiovisual content, and audible-only content on the IQNOX Platform, the selection and arrangement thereof, and the compilation thereof are the proprietary property of IQNOX and are protected by U.S. and international copyright laws.
5. Proprietary Rights; Limited License
As between you and IQNOX, IQNOX exclusively owns all right, title, and interest in and to the IQNOX Platform, and all content therein. IQNOX will have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the IQNOX Platform any suggestions, enhancement requests, recommendations, or other feedback provided by you, relating to the operation of the IQNOX Platform. Your use of the IQNOX Platform does not grant you ownership of any content, code, data, or materials you may access on or through the IQNOX Platform. You may access and view the content on the IQNOX Platform, and you may use such content for your personal use only.
6. Privacy Policy; Cookies
IQNOX cares about and respects your privacy. Take the time to read IQNOX’s privacy policy (“Privacy Policy”) found here: https://www.iqnox.com/privacy so you can see how we use any information we receive. You acknowledge that when you use the IQNOX Platform, IQNOX may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the IQNOX Platform. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the IQNOX Platform or certain of its features or functionality, and the IQNOX Platform may provide you with opportunities to share information about yourself with others. IQNOX will employ commercially reasonable measures to protect such personally identifiable information you enter into the Services. If you object to your information being transferred or used in this way, then you must not use the IQNOX Platform. By downloading, installing, using, and providing information to or through the IQNOX Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
7. Using Your Account
Each registered user must register for their own Account and may not have more than one Account. You will provide accurate information when you sign up to use the Services and will keep your account information up to date. You will also use your real name, or the legal name of the entity you represent, use your own email address, or one that you have permission to use, and you will not let anyone else use your Account. You are solely responsible for all activity on your Account and you will take reasonable care to safeguard your passwords and access to your account from unauthorized users. Neither the Terms nor your use of the Services create any agency, partnership, joint venture, employment, or franchisee relationship between you and IQNOX. IQNOX retains the right to close or suspend your account in whole or in part, and to terminate your use of the IQNOX Platform at its discretion and without notice. You may terminate your Account with IQNOX at your discretion.
8. Indemnification; Class Action Waiver
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless IQNOX, its employees, officers, directors, contractors, consultants, agents, representatives, affiliates, successors, and assigns from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, costs, and expenses including without limitation reasonable attorney’s fees, accruing to IQNOX as a result of your act or omission. IQNOX will have control of the defense or settlement of any third-party claims, in its sole discretion.
You hereby waive the right to bring or participate in any class action lawsuit against IQNOX and its affiliates (which will include any party controlling, controlled by, or in common control with IQNOX, or any of IQNOX’s employees, directors, or officers).
9. Disclaimer of Warranty
You will have sole responsibility for conducting your use of the IQNOX Platform responsibly and legally. Your use of the IQNOX Platform and any information obtained through or from IQNOX will be at your own risk. The IQNOX Platform, and the content contained therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties or conditions of any kind, either express or implied. You acknowledge and agree that IQNOX exercises no control over, and accepts no responsibility for content other than content wholly by IQNOX. IQNOX MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. IQNOX may exercise no editorial control over content posted to the IQNOX Platform. Additionally, IQNOX will not monitor any content that is uploaded to the IQNOX Channels, but reserves the right to employ automated processes that will screen for and remove such content uploaded to the IQNOX Channels that is in direct violation of these Terms set forth herein. IQNOX will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the IQNOX Platform. IQNOX cannot and does not represent or warrant that the IQNOX Platform, content, or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold IQNOX responsible for any breach of security unless it is due to our gross negligence. IQNOX makes no warranties that the IQNOX Platform will be uninterrupted or error-free or that any results obtained from the use of IQNOX Platform will be accurate or reliable. IQNOX expressly disclaims any liability arising in connection with any content posted to the IQNOX Platform. No oral or written information given by IQNOX will create any warranty, nor may you rely on such information or advice.
10. Limitation of Liability
To the fullest extent permitted by law, neither IQNOX, nor its officers, directors, employees, shareholders, or agents will be liable for any consequential, indirect, incidental, special, or punitive damages, or loss of profits, revenue, data, or use by you or any third party, whether in an action in contract, tort, strict liability, or other legal theory. IQNOX will not be liable to you or any third party for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that result from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations or transmission, or any failure of performance, whether or not limited to acts of nature, communications failure, theft, destruction, or unauthorized access to IQNOX’s records, programs, equipment, or services, or any other condition whatsoever.
Notwithstanding anything to the contrary in these Terms, IQNOX’s maximum liability under these Terms for all damages, losses, costs, and causes of actions from any and all claims will not exceed the actual dollar amount paid by you for the portion of IQNOX Platform that gave rise to such claims during the three (3) month period prior to the date the damage or loss occurred or the cause of action arose.
The IQNOX Platform may contain links to third-party websites not under IQNOX’s control or ownership, or you may elect to use a third party’s services or product in order to use the IQNOX Platform. Your access to all third-party services will be at your own risk.
11. Governing Law; Arbitration.
This Agreement will be governed by the laws of the State of Florida, without regard to choice of laws provisions, no matter where in the world you live. In the event of a dispute arising out of this Agreement, the Parties will attempt to resolve any dispute by negotiation between the parties, in IQNOX’s sole discretion. If they are unable to resolve the dispute, IQNOX may commence mediation or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the Parties. Judgment on the award rendered by the arbitrator may be entered into in any court having jurisdiction thereof. Any other disputes hereunder will be resolved before the courts of competent jurisdiction seated in or proximal to Seminole County, Florida. All remedies available hereunder will be cumulative and not in lieu of any others.
12. Assignment
You do not have the right to assign this Agreement without the prior written consent of IQNOX. IQNOX may assign this Agreement without notice to you. This Agreement will be binding on the parties and their successors and permitted assigns.
13. Entire Agreement; Severability; Survival
This Agreement represents the entire agreement between the parties, and supersedes all previous and contemporaneous representations, understandings, and agreements, if any, express or implied, whether written or oral. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Sections hereof that by their nature should survive termination hereof will so survive.