MQ360 CONSULTING

TERMS & CONDITIONS OF USE

Your Acceptance of MQ360 Consulting, LLC Policies

Thank you for visiting http://www.mq-360.com/ (the “Website”), a website of MQ360 Consulting, LLC (referred to as “MQ360,” “we,” “us,” or “our”). Centering equity and justice in everything we do, MQ360’s Website aims to empower communities of color and other historically marginalized groups by educating and informing visitors about ways to shift power and promote equity and justice.

By accessing, using, or visiting the Website, you agree to comply with and be bound by these Terms and Conditions of Use (“Terms of Use”), as well as MQ360’s Privacy Policy (discussed below). You understand that MQ360 has the right to update these Terms of Use from time to time by posting revised policies on the Website. If we make any material change to these Terms of Use, we will post the updated Terms of Use and indicate at the bottom of the Terms of Use when they were updated. It is your responsibility to check these Terms of Use periodically for changes. By continuing to use the Website, you accept and agree to the Terms of Use as amended. If you do not agree to any of these Terms of Use, please do not use the Website.

This Website is not for use by anyone under the age of 13. To use this Website, you agree that you are at least 18 years old and are able to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under 18 years of age but are at least 13 years old, you must only use the Website with the consent of your parent or legal guardian.

Links to Third Party Websites

The Website may include links to third-party websites. MQ360 does not operate, endorse, or guarantee such third-party websites and has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, and is not responsible for any practice followed by such third-party website with respect to the collection and processing of the personally identifiable information of their users. In addition, MQ360 will not and cannot censor or edit the content of any third-party website. By using the Website, you agree that MQ360 is not responsible for any content, services, or products provided by such third-party websites and expressly relieve MQ360 from any and all liability arising from your use of any third-party website.

You agree that your use of any third-party website is at your sole risk and without warranties of any kind by MQ360, whether expressed, implied, or otherwise, including, but not limited to, warranties of title, fitness for a particular purpose, merchantability, or noninfringement. Under no circumstances is MQ360 liable for damages arising from any transaction between you and any third-party website or for any information appearing on third-party websites.

Website Access

MQ360 hereby grants you permission to use the Website as set forth in these Terms of Use, provided that you use the Website solely for personal use, and subject to your compliance with these Terms of Use.

Modification of the Site

We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Website at any time without any notice or further obligation to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Website.

Restrictions on Use

You agree not to:

  • Use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Website, or enable or permit others to do the foregoing, for any purposes except for the personal purposes authorized herein, without our prior written consent;
  • Engage in the use, copying, or distribution of any of the Content (defined below) other than as expressly permitted herein;
  • Use the Website for any illegal purpose, or in violation of any local, state, national, or international law;
  • Violate or encourage others to violate our rights or the rights of third parties, including intellectual property rights;
  • Interfere with the operation or any user’s enjoyment of the Website, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, or attempting to collect personally identifiable information about users or third parties without their consent;
  • Access or copy any Content (defined below) or information of the Website using any robot, spider, scraper, or other automated means or in a manner that sends more request messages to MQ360’s servers in a given period of time than a human can reasonably produce in the same period or by using a conventional on-line web browser, in each case for any purpose without our express written permission or unless otherwise expressly permitted herein;
  • Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, or falsifying your identity or any information about you;
  • Collect or scrape any personally identifiable information from the Website;
  • Solicit any users of the Website for any commercial purposes, or use the communication systems provided by the Website for any commercial solicitation purposes; or
  • Circumvent, disable, or otherwise interfere with security-related features of the Website, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

Notwithstanding the foregoing, MQ360 grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of such materials. MQ360 reserves the right to revoke these exceptions either generally or in specific cases.

Intellectual Property Rights

The content on the Website, including (i) the text, software, scripts, documents, graphics, photos, sounds, music, videos, interactive features and the like (the foregoing, collectively, “Content”), (ii) the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained or displayed on the Website, and (iii) the trademarks, service marks and logos contained therein (“Marks”), are owned, controlled or licensed by or to MQ360, and subject to copyright, trademark, trade dress and other intellectual property rights under United States and foreign laws and international conventions. You may not use such Marks without our prior written permission.

Content on the Website is provided to you “AS IS” for your information and for personal, noncommercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than as authorized herein without the prior written consent of the respective owners. MQ360 reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. If you download or print a copy of the Content for personal, noncommercial use, you must retain all copyright, trademark, and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership or other rights by downloading or printing any such Content.

Our name, our logo and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of the Website’s contents.

Privacy and Security Practices

MQ360’s privacy and security practices are governed by MQ360’s Privacy Policy at https://www.mq-360.com/privacy-policy/, as amended from time to time, which is incorporated by reference in these Terms of Use. You agree that MQ360 is entitled to monitor your use of the Website for the purpose of enforcing the restrictions in the section titled “Restrictions on Use” and to maintain the privacy and security of the Website.

Warranty Disclaimer

OUR WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Website, and there may at times be inadvertent technical or factual errors or inaccuracies.

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MQ360 AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HEREBY SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE CONTENT AND YOUR USE THEREOF. MQ360 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. MQ360 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MQ360 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL MQ360 OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MQ360 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MQ360 IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MQ360’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Indemnity

You agree to defend, indemnify, and hold harmless MQ360, our subsidiaries, affiliates, and each of our respective officers, agents, partners, and employees from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following: (1) your use of and access to the Website; (2) your violation of any term of these Terms of Use; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; (4) any claim that one of your user submissions caused damage to a third party; or (5) any use of your user submissions by MQ360. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Arbitration

Any dispute, claim or controversy arising out of or relating to these Terms of Use shall be resolved by arbitration in Brooklyn, New York. The arbitration shall be conducted by one arbitrator and administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures, except that the Parties may alternatively agree to arbitration pursuant to JAMS Streamlined Arbitration Rules & Procedures. Judgment on the award may be entered in any state or federal court located in the County of Kings, New York and having jurisdiction, and will be final and binding. The Parties waive any objections they may now or later have to venue in such forum. Notwithstanding any provision in these Terms to the contrary with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the United States of America Federal Arbitration Act (presently 9 U.S.C. §§1-16). You hereby agree not to participate in a class action for any claims covered by these Terms. You and MQ360 hereby waive your right to seek relief in court, except that you or MQ360 may seek provisional remedies in aid of arbitration from a court of appropriate jurisdiction, as follows.

Notwithstanding any of the foregoing, a party to these Terms of Use may seek injunctive or other equitable relief in any state or federal court in the County of Kings, New York having jurisdiction.

Waiver of Class Action

YOU AGREE THAT YOU WILL BRING CLAIMS AGAINST MQ360 ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. YOU HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE INDIVIDUAL CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL.

General

These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and MQ360 that arises in whole or in part from the Website shall be decided exclusively pursuant to the “Arbitration” section above. These Terms of Use, together with the Privacy Policy and any other legal notices published on the Website, shall constitute the entire agreement between you and MQ360 concerning the Website. Use of paragraph headers in the Terms of Use is for convenience only and shall not have any impact on the interpretation of particular provisions. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MQ360’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The word “or” shall be inclusive and not exclusive. YOU AND MQ360 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated on June 19, 2024.