(647) 859 0591
(307) 529 0078Terms of Service
Introduction, Summary and Your Agreement
Warmly welcome and thank you for your interest in IQ Tech Labs LLC ("IQTECHLABS", "Company"). and our website located at https://iqtechlabs.com/ (the "Site"), (including its subsidiaries, affiliates, agents, and service providers, collectively, ("IQ TECH LABS", "IQ," WE," "US" or "OUR") along with our related websites, hosted applications, and other services provided by us.
These terms of service (and any other terms or information incorporated into them by reference) (collectively the "Terms") govern your access and use of IQ. These Terms do not alter in any way the terms or conditions of any other agreement you may have with IQ for products, services, or otherwise.
Who we are
IQ Services, provided by IQ Tech Labs LLC ("IQ"), offer integrated consulting and engineering company partnering with government and commercial clients to deliver feasibility, planning, design, engineering, and building management solutions. We transform complex challenges and theoretical concepts into practical, transformative solutions, breaking free from outdated thinking to create a lasting positive legacy. Our commitment to social, economic, and environmental stewardship is reflected in our core values of integrity, respect, and responsibility, driving positive change through innovation and cutting-edge strategies.
IQ Tech Labs LLC is located at:
CANADA: c/o Legal, Eylaya 18 King Street East, Ste1400, , ON M5C 1C4
USA: c/o Legal, Eylaya - 2232 Dell Range Blvd., Ste 242-5239, Cheyenne, WY
Thank you for using IQ Tech Labs!
PLEASE READ THESE TERMS CAREFULLY AND IN THEIR ENTIRETY BEFORE USING THE SITE, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING AN AGREEMENT TO SUBMIT (WITH LIMITED EXCEPTION) ALL CLAIMS THAT YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, YOUR USE OF THE SITE AND OUR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS.
By accessing or using the Site, you signify that you: (1) have the legal capacity to comply with and agree to comply with these Terms, and (2) are not a minor in the jurisdiction in which you reside. You are not authorized to access or use the Site if you do not meet (1) or (2). If you are not of legal age, do not agree to these Terms, or do not have that authority, you must not access or use the Services, and any use would be wholly unauthorized and in violation of these Terms.
Privacy and Your Information
For information concerning how and why we might collect, store, use, and/or share your personal information when you visit the Site, please read and review our Privacy Policy.
"You," "your," and "user" are words in these Terms that are used interchangeably and mean anyone, whether an individual, natural person or under or for any legal entity, whether plural or singular, that accesses and/or uses the Services. For purposes of these Terms, these words also include "Affirmer" as that word is defined and used in the License (as defined below). If you are using the Services on behalf of a business or other entity, you also represent that you have authority to bind them to these Terms.
We reserve the right to update these Terms at any time, with or without notice, for any reason, including but not limited to changes in law and features being added to the website. As further described below, disputes over changes should be handled through an abuse and dispute report.
Accessibility
You, the user, may access our public services if in compliance with our conduct policy. We reserve the right to disable, change, or rebuild the Service temporarily or permanently at any time, with or without notice. Access to these Services is a privilege and can be revoked anytime for any reason stated in our conduct policy.
Accessibility may be limited in countries, territories, or regions located outside of North America and the European Union. We do not accept any liability for the limitations or provide any official support for non-English speaking nations. All limitations on access or language can be reported to our Policy & Privacy Team with no guarantee of improved Service.
Copyright
Everything on this site is copyrighted. The copyrights are owned by IQ Tech Labs LLC or the original creator of the material. However, you are free to view, copy, print and distribute IQ material from this site, as long as:
- The material is used for information only.
- The material is used for non-commercial purposes only.
- Copies of any material include IQ Tech Labs LLC copyright notice.
No Warranty
IQ attempts to provide accurate information on this Web site, it assumes no responsibility for accuracy. IQ may change the information on the site, or the products mentioned, at any time without notice.
Material on this site is provided "as is" and does not constitute a warranty of any kind, either express or implied. FuelCell Energy disclaims all warranties, expressed or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. It also includes any expressed or implied warranties arising from any course of dealing, usage or trade practice.
Updates
The materials, including press releases, at this site may be out of date, and IQ TECH LABS makes no commitment to update the materials at this site.
Forward-looking Statements
The information on this website contains forward-looking statements, including statements regarding the Company's plans and expectations regarding the development and commercialization of various technologies. All forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected. The forward-looking statements speak only as of the date of presentation. The company expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any such statements to reflect any change in the Company's expectations or any change in events, conditions or circumstances on which any such statements are based. The Company believes that this information is useful to understanding its operating results and the ongoing performance of its underlying business.
Feedback
We always love to receive feedback, comments, ideas, proposals, and suggestions for improvements to the Services ("Feedback"). You acknowledge that any Feedback provided by you to IQ is not confidential and that IQ and its affiliates will be entitled to the unrestricted use and dissemination of such Feedback for any purpose without providing any compensation or other attribution or acknowledgment to you.
DMCA Copyright Infringement Notice
We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512, regarding reporting alleged copyright infringement and removing or disabling access to infringing material. If you have a good faith belief that copyrighted material in the Services is being used in a way that infringes copyright over which you are authorized to act, you may make a Notice of Infringing Material.
Before serving a Notice of Infringing Material, you may contact a lawyer to understand better your rights and obligations under the DMCA and other applicable laws. For example, if your Notice fails to comply with all requirements of sections 512(c)(3), your Notice may not be effective.
Disclaimer
The services are provided on an "as is" and "as available" basis. Except to the extent prohibited by law, we make no warranties (express, implied, statutory, or otherwise) with respect to the services or content and disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. IQ makes no warranty that (a) the services will meet your requirements, (b) the services will be uninterrupted, timely, secure, or error-free, and (c) the results that may be obtained from the use of the services will be accurate or reliable.
IQ reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that IQ will not be liable to you or any third party for any modification or discontinuance of the Services, except as outlined in the "Limitation of Liability" section below.
You understand that we are not responsible for any activities or legal consequences of your use of the Services. Users are responsible for using the Services in compliance with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, the jurisdictions into which such users direct any Content Sharing, as well as these Terms.
Limitation of Liability
You expressly understand and agree that neither IQ nor its officers, employees, directors, shareholders, licensors, service providers, and agents will be liable for any indirect, incidental, special, consequential, punitive, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if IQ has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (a) the use or the inability to use the services or any related information; (b) unauthorized access to or alteration of any content; (c) conduct of any third party (including other users) of the services; or (d) any other matter relating to the services. In no event will IQ's total liability to you for all damages, losses or causes of action exceed the greater of (i) one hundred dollars ($100) or (ii) the price you paid for the amount of credits consumed by the service in the last twelve (12) months. If you are merely dissatisfied with any portion of the services or with these terms, your sole and exclusive remedy is to discontinue use of the services.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the services or these terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain categories of damages, some of the above limitations may not apply to you.
Links to and From Other Websites
You may gain access to other websites via links on the Site. These Terms apply to the Site only and do not apply to other parties' websites. Similarly, you may have come to the Site via a link from another website. The terms of use of other websites do not apply to the Site. IQ assumes no responsibility for any terms of use or material outside the Site accessed via any link. You are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website or service by IQ or the Site. Unless expressly agreed to by us in writing, reference to any of our products, services, processes or other information by trade name, trademark, logo, or otherwise by you or any third party does not constitute or imply endorsement, sponsorship or recommendation thereof by us. You may not, without our prior written permission, frame or inline link any of the content of the Site, scrape the Site or incorporate into another website or other service any of our material, content or intellectual property unless we otherwise permit you to do so in accordance with a license or subject to separate terms.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
1. Agreement to Arbitrate.
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You and IQ agree that any and all disputes, claims, demands, or causes of action ("Claims") that have arisen or may arise between you and us, whether arising out of or relating to these Terms, the Site, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration before a neutral arbitrator, rather than in a court by a judge or jury, in accordance with the terms of this Arbitration Agreement, except that you or we may (but are not required to) assert individual Claims in small claims court if such Claims are within the scope of such court's jurisdiction. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action and that our respective rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
2. Prohibition of Class and Representative Actions and Non-Individualised Relief.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
3. Pre-Arbitration Dispute Resolution.
Before commencing any arbitration (or suit in small claims court, if available), you agree to provide IQ with a written notice of Claim, and IQ agrees to provide you with a written notice of Claim to the extent reasonably possible based on the availability of your contact information to IQ ("Notice"). The Notice to IQ Tech Labs LLC shall be sent to legal@iqtechlabs.com with a paper copy to:
CANADA: c/o Legal, Eylaya 18 King Street East, Ste1400, , ON M5C 1C4
USA: c/o Legal, Eylaya - 2232 Dell Range Blvd., Ste 242-5239, Cheyenne, WY
Where IQ has your contact information, IQ will send its Notice to you using the last email address we have on file for you if you have provided us with an email address (each, a "Notice Address"). The Notice must (i) describe the nature and basis of the Claim in sufficient detail to evaluate the merits of the claiming party's Claim and (ii) set forth the specific relief sought, including the amount of money (if any) that is demanded and the means by which the demanding party calculated the claimed amount. Both parties agree that they will attempt to resolve a Claim through informal negotiation within sixty (60) calendar days of receiving the Notice. If the Claim is not resolved within sixty (60) calendar days after receiving the Notice, you or we may commence an arbitration proceeding. Each party agrees that state and federal courts in New York, New York, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
4. Arbitration Procedures.
The Federal Arbitration Act fully applies to the Arbitration Agreement. A neutral arbitrator will conduct the arbitration in accordance with the American Arbitration Association's ("AAA") Consumer Arbitration Rules in effect at the time that such arbitration is initiated (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. Information about the AAA Rules and fees for consumer disputes can be found on the AAA's consumer arbitration page: https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms will be controlled. The arbitrator must also follow the provisions of these Terms as a court would. Except as set forth above, all issues are for the arbitrator to decide, including, but not limited to, threshold issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement and issues relating to (a) whether the terms of these Terms (or any aspect thereof) are enforceable, unconscionable, or illusory and (b) any defense to arbitration, including waiver, delay, laches, or estoppel. During arbitration proceedings, the amount of any settlement offers made by IQ or you shall not be disclosed to the arbitrator. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party's Claim. The arbitrator's decision and judgment thereon will not have a precedent or collateral estoppel effect on any other Claim. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any arbitration hearings will occur in , Ontario, at another mutually agreeable location or, if both parties agree, by telephone or video conference. Whether the arbitration will be conducted solely based on documents submitted to the arbitrator or by a hearing will be determined in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
5. Small Claims Court.
Subject to applicable jurisdictional requirements, either party may elect to pursue a Claim in a local small claims court rather than through arbitration so long as the matter remains in a small claims court and proceeds only on an individual basis.
6. Cost of Arbitration.
Payment of all filing, administration and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. If you are able to demonstrate to the arbitrator's satisfaction that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees, subject to allocation in the arbitrator's award. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The AAA Rules will govern any payment of attorneys' fees.
7. Confidentiality.
Each of the parties shall maintain the strictly confidential nature of the arbitration, including all aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator, and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other results of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by law.
8. Opt-Out.
You may reject this Arbitration Agreement, in which case only a court may be used to resolve any Claim. To reject this provision, you must send us an opt-out notice (the "Opt-Out") within thirty (30) days after you first access the Site. The Opt-Out must be sent to the IQ Notice Address. The Opt-Out must include your name, phone number and the email address you used to sign up and use the Site. This is the only way of opting out of this Arbitration Agreement. Opting out will not affect any other aspect of these Terms and will not affect any other or future agreements you may reach to arbitrate with us.
9. Severability.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Paragraph 2) above titled "Prohibition of Class and Representative Actions and Non-Individualised Relief" is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable, and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Paragraph 2 above, titled "Prohibition of Class and Representative Actions and Non-Individualised Relief," are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void unless such provisions are deemed to be invalid or unenforceable solely with respect to Claims for public injunctive relief. The remainder of these Terms will continue to apply.
10. Indemnification
Users, by use of the Services, hereby agree to indemnify and hold harmless IQ against any and all Claims arising out of and relating in any way to intellectual property infringement claims made against IQ concerning your Content if such Claims inure to your benefit in any way and also to hold harmless and indemnify IQ against all Claims relating in any way to your use of the Services. This indemnity includes reimbursement to IQ for any applicable court costs and expenses of litigation, including but not limited to reasonable attorneys' fees, and reimbursement for any losses and liabilities of IQ, including but not limited to judgments, settlements, fees, costs, expenses, legal debts, legal obligations, and any third-party Claims against IQ.
IQ makes no warranties or representations concerning user Content and is not responsible for unauthorized use. Users are responsible for using the Services only as authorized and in compliance with applicable laws of the jurisdictions in which such users are domiciled, reside, or are located at the time of such use. Users who observe unauthorized or illegal use of the Services are encouraged to report such conduct immediately to IQ for review.
Choice of Law
Any and all Claims shall be governed by the Federal Arbitration Act and the internal substantive laws of the Province of Ontario in all respects, without regard for the jurisdiction or forum in which the user is domiciled, resides, or is located at the time of such access or use. Except as provided in the Arbitration Agreement, all Claims will be brought in the federal or state courts located in Ontario, and you and IQ each unconditionally, voluntarily, and irrevocably consent to those courts' exclusive personal jurisdiction and venue.
You hereby irrevocably and unconditionally waive any right you may have to a trial by jury in respect of any action or proceeding arising out of or relating to these terms that is not subject to arbitration, as set forth above.
A printed version of these Terms and any other notice given in electronic form will be admissible in any arbitral, judicial, or administrative proceedings based upon or relating to these Terms and your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver and Severability
If you do not comply with a portion of these Terms and we do not take action immediately, this does not mean we are giving up any of our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
Entire Agreement - Construction
These Terms, including the License and Privacy Policy, contain the entire agreement between you and IQ regarding your use of the Services and supersede any prior or contemporaneous agreements, communications, or understandings between you and IQ on that subject. In the event of any conflict between these Terms and the License, these Terms control.
Assignment and Delegation
You may not assign or delegate these Terms or any rights or obligations under these Terms. Any attempted or purported attempted assignment or delegation shall be null and void and will automatically terminate your right to use the Services. We may assign or delegate these Terms or any rights or obligations under these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets or to any affiliate or as part of a corporate reorganization.
Notices
All notices to IQ under these Terms, unless otherwise specified, shall be sent to legal@iqtechlabs.com. We may notify you using the membership registration information you provided when you signed up to access the Services, including the email address associated with your use of the Services. Service of any notice will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by postal mail.
Changes to These Terms
We may change or modify these Terms by posting a revised version on the IQ website, or by otherwise providing notice to you, and will state at the top of the revised Terms the date they were last revised. Changes will not apply retroactively and will become effective no earlier than fifteen (15) calendar days after they are posted, except for changes addressing new Service functions or changes made for legal reasons, which will be effective immediately. Your continued use of the Services after any change means you agree to the new Terms.
Effective Date: March1st, 2025