Terms of Use & Conditions of Sale
IQ+ Terms of Use

("IQ+", "We" or "Us") maintains this product site (the "Website"), for your personal entertainment, information, and education and to provide information and products for individuals looking for products and services distributed by IQ+. This Website is provided to you (collectively, "you" or "your") under these "Terms of Use and Conditions for Sale" and any amendments or supplements to them (collectively referred to as this "Agreement") that may be posted by IQ+ from time to time.

Your use of this website shall be deemed to constitute your agreement to be bound by the terms and conditions set forth below and your agreement shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, we ask that you do not use the Website or order any items from it. Please read through these terms and conditions carefully before placing your order, and print a copy for future reference.

Legal Disclaimer

Statements made by Company have not been evaluated by the food and drug administration. The FDA does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.

The information presented on this Site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of good health in cooperation with a licensed medical practitioner.

In the event that any individual should use the information presented on this Site without a licensed medical practitioner's approval, that individual will be diagnosing for him or herself.

No responsibility is assumed by the author, publisher or distributors of this information should the information be used in place of a licensed medical practitioner's services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. Furthermore, this information is based solely on the traditional and historic use of a given herb, or on clinical trials that are generally not recognized by any US government agency or medical organization.

This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease.

Privacy Policy

Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference. The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Website or post or order any items from it.

Third-Party Sites

The Company Sites may contain links to other Sites, resources and advertisers. Company is not responsible for the availability of these external Sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external Sites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, to a user in connection with the use of or reliance on any content, goods or services available on such external Sites. You should direct any concerns to such external Site's administrator or Webmaster.

Content Disclaimer

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

IQ+ AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE IQ+ STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, IQ+ CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

Purchasing Items on our Website

These Terms and Conditions ("Agreement") constitute a binding written agreement between IQ+ and its affiliated entities (collectively "Company", "we", or "us") and you ("you" or "Customer"). By making any use of our Websites (“Sites”) or any purchase from us, you expressly agree to the terms contained herein. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS, OR ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU SHOULD CEASE ALL USE OF OUR SITES AND LOGOFF IMMEDIATELY. This Agreement governs your use of our Sites and also of any purchase by you from our affiliates or us. By clicking a “SUBMIT” button, I expressly authorized the Company to call me or send me recorded messages or texts about their products and services using authorized technology to the telephone/cellular number I enter. I understand that I am not required to give my consent as a condition of any purchase. You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon, checkbox, to enter text, or to perform a similar act/action, while using our Sites, for the purpose of accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, including without limitation of the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") acceptance and agreement as if actually signed by you in writing. Be advised that all activity and IP address information is being monitored. The right to use any product or service you purchase from us is personal to you and is not transferable to any other person or entity. We reserve the right to make changes to the Sites, policies, and to this Agreement at any time and without notice. YOU SHOULD PRINT A COPY OF THIS AGREEMENT AND CHECK BACK FREQUENTLY FOR UPDATES. Your continued use of our Sites or of any purchased product or service following any future amendment constitutes your acceptance of any modified terms. If you have any questions regarding these terms, please contact Customer Care at 1-888-664-2021.

Purchases

We offer multiple purchase options on our website.

Single Item Purchase (Offer 4):  A single item purchase is a one-time transaction for an individual product and includes enrollment to our monthly membership program. The Purchase Price of one bottle is $49.99 plus $9.95 shipping and handling.

Bonus Offers:

  • Buy two (2), get one (1) free (3 month supply): $119.97, free shipping (Offer 3).
  • Buy three (3), get two (2) free (5 month supply): $149.95, free shipping (Offer 2).
  • Buy four (4), get three (3) free (7 month supply): $174.93, free shipping (Offer 1).

*Offers 3 and 4 include enrollment in the monthly replenishment program in the amount of $29.87 per month plus $9.95 shipping and handling. Please refer to the 30-day return policy for special guidelines regarding returns on these offers.

Contact Customer Care at 1-888-664-2021 for additional questions regarding purchase types.

Order Acceptance and Shipment

Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization and your form of payment are received, we will promptly locate the item(s) you have ordered to place them in line for shipment. The Website does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website.

Within the continental United States, we ship First Class mail via USPS. Shipping time is estimated to be between 2-5 business days for arrival. International orders are shipped International Priority Airmail and may take 7-10 business days from date of shipment, unless international customs cause a delay.

PLEASE CONTACT CUSTOMER CARE AT 1-888-664-2021 FOR SHIPMENTS NOT RECEIVED WITHIN 15 DAYS. REFUNDS WILL NOT BE ISSUED FOR SHIPMENTS CLAIMED AS UNDELIVERED IF NOT REPORTED WITHIN 15 DAYS. When an incorrect or invalid shipping address is provided at time of order, and Guarantee Ship has not been purchased, the reshipment will be subject to the retail shipping and handling charge of $12.95(USD).

Order and Payment Information

If you use the Website or other means to purchase a product, payment must be received by IQ+ prior to IQ+'s acceptance of an order, unless otherwise agreed by IQ+. All IQ+ products are subject to sales tax which will be applied to your order total. In the United States, IQ+ is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. IQ+ is required to follow the rules of each state. Your final order will include the appropriate state and local taxes. Qualifying States include CA, CO, IA, LA, NC, OH and PA. IQ+ may need to verify information you provide before IQ+ accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, IQ+ will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. IQ+ expressly conditions its acceptance of your order on your agreement to this Agreement.

In ordering products through the Website or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to IQ+ is registered to you. IQ+ shall have the right to bar your access to and use of the Website or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to IQ+, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to this Agreement. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

IQ+ may reject orders where the stated delivery address is outside the United States. IQ+ will add applicable shipping and handling fees.

IQ+ reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Website without incurring any obligation to you.

IQ+' descriptions of, or references to, products not owned by IQ+ on and outside of the Website do not imply endorsement of that product, or constitute a warranty, by IQ+.

Cancellation Policy

No cancellation is allowed after purchase, except where required by law or otherwise allowed herein. Once an order has been submitted, your credit card will be charged. Our ordering process is streamlined so your order will immediately be sent to processing and then shipped. Due to the high volume of orders we receive, we will be unable to stop an order after submitted. PLEASE ORDER CAREFULLY.

Monthly Replenishment Program Cancellation: 

When a customer decides to stop their monthly replenishment of product, they may contact Customer Care. We recommend that all cancellations be made two (2) days prior to the next billing date by calling 1-888-664-2021 or by submitting your request to support@naturalessentials-llc.com.

Refund Policy

30-Day Return Policy

 

We take great pride in the quality of the products we offer and your satisfaction is our ultimate goal. In the event you need to return an item to us, you have thirty (30) days from the date of purchase to contact us and request a refund. IN ORDER TO PROCESS A REFUND, ALL RETURNS MUST BE PRE-APPROVED AND ASSIGNED A RETURN MERCHANDISE AUTHORIZATION (RMA) NUMBER. PRODUCT RETURNED WITHOUT PRIOR AUTHORIZATION (RETURN TO SENDER) WILL FOREFIT REFUND.

TO BE ELIGIBLE FOR A REFUND, THE ITEM MUST MEET ALL OF THE FOLLOWING CRITERIA:

  • Product must be unopened and unused
  • Limit one (1) return per product, per household (with the exception of the bonus offers)
  • Return can only be made on most current product billing cycle NO EXCEPTIONS
  • Return product must be returned to us within thirty (30) days for US orders and (45) days for International orders, of the assigned Return Merchandise Authorization (RMA) number
  • Customer is responsible for all return shipping costs
  • We reserve the right to assess a $12.95(USD) processing fee per item returned
  • Shipping and handling charges are non-refundable
  • Repetitive returns are not allowed
  • For refunds on Bonus Offers, all items are required to be returned. If all items in the order fail to be returned, the value of the free or bonus product will be deducted from any refund issued.

We reserve the right to refuse a refund to any customer who repeatedly requests refunds, or who in our judgment, requests a refund in bad faith.

It is strongly suggested that the customer obtains shipping insurance and a tracking number on their return shipment as we will not be responsible for packages that fail to arrive back to the return address provided.

Contact Customer Care for an RMA Request at 1-888-664-2021 or support@naturalessentials-llc.com. .

Shipping Terms

You will be shipped a 1 month, 3 month, 5 month, or 7 month bottle of IQ+ depending on the package you choose. Orders are generally shipped within 1-2 business days (Monday through Friday) using USPS shipping. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. IQ+ does not guarantee specific arrival dates or times. IQ+ does not refund or credit delivery or processing charges for any shipments.

Contacting Customer Care / Billing: You may contact our customer care department by using our toll free phone number. Our Toll Free Customer Care phone number is: 1-888-664-2021.

Once a refund has been approved by IQ+, to return your products, place the merchandise in a box with your original invoice and send it to us. If you don't have your original invoice, please make sure to include your name and shipping address, as you believe it appeared on the invoice. Please allow 1 to 2 billing cycles from the day.

you return your package for your account to be credited.

All returns should be shipped to: Attention: IQ+ Returns 600 Corporation Dr., Pendleton, IN 46064

Terms of Service

By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. IQ+ makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You agree to comply with all applicable local laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

Pricing Errors and Omissions

Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that IQ+ reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by IQ+ to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Terms of Use and Conditions of Sale. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THE COMPANY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by other than electronic means.

Continuous Service

If you are placing an order online as part of one of our automatic replenishment programs, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED AT THE TIME OF EACH SHIPMENT AND/OR IN INSTALLMENTS. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN ONE OF OUR AUTOMATIC REPLENISHMENT PROGRAMS, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE.

You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at the numbers listed on the Website under Customer Service.

We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.

Reversals and Chargebacks

We consider charge backs and reversals as potential cases of fraudulent use of our services and/or theft of services and as such will be treated. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and or theft of services. IN THE EVENT THAT A REVERSAL OR CHARGEBACK CLAIM IS FILED WITH THE CARDHOLDER’S BANK, REFUND REQUESTS WILL BE DENIED BY OUR RISK MANAGEMENT DEPARTMENT TO PREVENT FRAUDULENT ACTIVITY ATTEMPTING TO OBTAIN MULTIPLE REFUNDS.

Credit Card Declines

In the event a credit card transaction declines, after product has been shipped or received, and you have not exercised your cancellation rights per the terms and conditions, we reserve the right to reprocess the transaction in full. This includes the right to resubmit the charge on or about every two (2) days from the original declined transaction date and up to three (3) additional attempts thereafter. In the event of subsequent credit card declines, you authorize us to resubmit a reduced amount from one-half (1/2) or one-third (1/3) of the full purchase price until the full amount is obtained.

Contact Customer Care at 1-888-664-2021 if you have additional questions regarding credit card declines.

Risk of Loss

All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL IQ+, ITS SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITE.

IQ+ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Your Representations

You hereby represent and warrant that you are age eighteen (18) or older, that you have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products you purchase from the Website will be used for Your personal, non-commercial use, and that you will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that IQ+ has the right to rely upon all information provided to IQ+ by you, and IQ+ may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.

Intellectual Property

The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of IQ+ or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to you by virtue of this Agreement or by your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by you without IQ+’s prior written permission.

Website User Conduct and Restrictions

You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with your use of the Website and the content you will not:

  • Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
  • Use the Website for any unlawful purpose;
  • Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  • Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
  • Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
  • Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the express prior written authorization of IQ+, you may not:
  • Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
  • Create derivative works based on the Website or any of the Intellectual Property;
  • Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
  • Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
  • Use any meta-tags or any other “hidden text” using the Website’s name or marks;
  • “Deep-link” to any page of the Website;
  • Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
  • Use any data mining, bots, or similar data gathering and extraction tools on the Website;
  • Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
  • Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.

Termination of Agreement

This Agreement shall remain in force as long as you access the Website, use any functions or features of the Website, or order anything from the Website. IQ+ reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who IQ+ believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services IQ+ provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.

Links

The Website may provide links to other World Wide Web sites or resources. IQ+ has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any IQ+ Website. IQ+ cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any IQ+ Website or third-party content on our sites. IQ+ does not endorse any of the merchandise, nor has IQ+ taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. IQ+ does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against IQ+ with respect to such sites and third-party content. IQ+ strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither IQ+ nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from IQ+.

Force Majeure

IQ+ shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay IQ+’s performance.

Indemnity

You agree to defend, indemnify, and hold harmless IQ+, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to California’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. IQ+ shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If IQ+ does not hear from you promptly, IQ+ reserves the right to defend such claim or suit and seek full recompense from you.

Dispute Resolution by Binding Arbitration

We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by writing to Us at IQ+, 600 Corporation Dr., Pendleton, IN 46064.

IQ+ will contact you by letter to your billing address you provided Us. Instead Of Suing In Court, We Each Agree To Arbitrate Disputes

We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use and Conditions of Sale, and the Privacy Statement.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We also each agree as follows:

  • “Disputes” are any claims (including the definition of “claims” contained in the section Limitation of Liability and Disclaimer of Warranty above) or controversies against each other related in any way to this Agreement, the Terms of Use, the Privacy Statement, or your purchase and use of the Product. This includes claims you bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that IQ+ brings against you.
  • If either IQ+ or you want to arbitrate a dispute, we each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to your billing address that you provided us and notice to us will be sent to: IQ+, 600 Corporation Dr., Pendleton, IN 46064. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, and then we may submit the dispute to formal arbitration.
  • The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
  • The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
  • Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
  • We each agree not to pursue arbitration on a consolidated or class wide basis. We each agree that any arbitration will be solely between you and IQ+ (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this Agreement to arbitrate does not apply and the dispute must be brought in court.
  • We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.

No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

No Trial by Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING

Limitation on Time to File Claims

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING

No Trial by Jury

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law

You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning IQ+ shall be governed exclusively by the laws of the State of California, excluding its conflict of law provisions.

Electronic Communications

The information communicated on the Website constitutes an electronic communication. When you communicate with IQ+ through the Website or via other forms of electronic media, such as e-mail, you are communicating with IQ+ electronically. You agree that IQ+ may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that IQ+ provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Severability

If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.

No Waiver

No waiver of or by IQ+ shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

Complete Agreement

This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.

Modifications of Agreement

IQ+ reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. IQ+ does not and will not assume any obligation to provide you with notice of any change to this document. Unless accepted by IQ+ in writing, these terms and conditions may not be amended by you.

Your Comments and Concerns
IQ+
600 Corporation Dr.
Pendleton, IN 46064
1-888-664-2021