XQ
XQ Terms of Use

Last updated: November 11, 2024

WELCOME TO THE XQ INSTITUTE WEBSITE!

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. This Terms of Use (“Terms”) constitutes a legally binding contract between XQ Institute, a California nonprofit organization (together with its affiliates, “XQ,” “we,” “us” and “our”), and you with respect to your use of the XQ website located at https://xqsuperschool.org and all associated sites, mobile applications, Information and Services (each as defined below) (collectively, the “Applications”). By using the Applications or registering an account (“Account”), you are consenting to be bound by these Terms and our Privacy Policy, incorporated herein by reference.We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms or our Privacy Policy at any time.  Please check the Terms and Privacy Policy periodically for changes that are made in the future.  Your continued use of the Applications after the posting of changes constitutes your binding acceptance of such changes.  For any material changes to the Terms, we will make reasonable efforts to provide notice to you of such amended Terms. 

IF YOU DO NOT AGREE WITH THE TERMS AND PRIVACY POLICY, YOU MAY NOT USE THE APPLICATIONS. If you access or use the Applications or register an Account on behalf of any third party, you represent that you have authority to bind such third party and its affiliates to the Terms and that it is fully binding on such third party. The term “you,” as used in these Terms, will refer to such third party and its affiliates. If you do not have authority to bind such entity, you may not access or use the Applications.

PLEASE READ: UNLESS YOU OPT OUT FOLLOWING THE PROCEDURES SET FORTH BELOW, YOU WILL BE BOUND BY A MANDATORY ARBITRATION AGREEMENT, REQUIRING ANY DISPUTE BETWEEN YOU AND XQ, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. 


AGE-RELATED RESTRICTIONS

You hereby affirm that you are 13 years of age or older, as no portion of our website (including all applications) is intended for children under 13. Further, if you are under 18 years of age, then you acknowledge that certain use of our applications do not permit use by users under 18 (as identified by, or in, the specific application), and you agree you will not use such applications, including in any manner that reveals personally identifiable information about yourself (such as your name, email, address or location). You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. 


PERMITTED USE OF SERVICES AND INFORMATION

The services made available on, by, or through the Applications, which include or may include, without limitation, registration, XQ Directory, member-to-member messaging, XQ Design Principles, XQ Learner Outcomes, XQ Competency Navigator, XQ Competency Builder Activities, XQ Competency Framework and other XQ Competency tools & resources, Learning Experiences (including learning experience tools such as LX Library, LX Design Brief and LX Design Tools), Educational Opportunity Audit, XQ Math, XQ Math Badging, Youth Voice Toolkit, XQ Partnership Suite of Tools, XQ In A Box, Show What You Know and digital community(ies) which include user-created components and/or activities (collectively, the “Services”), as well as any information provided on, by or through the Applications or as part of or in connection with the Services or otherwise, including but not limited to XQ College Pathfinder, School Board Finder, The First Class, Expert Series, data, text, graphics, designs, logos, images, sounds, music, other audio/visual materials, links, references, artwork, and computer code (collectively, the “Information”), are provided for noncommercial use only. Provided you (a) do not modify or delete any materials or proprietary notices and (b) provide attribution to XQ, you may download and print a reasonable number of copies of webpages located on the Applications for your own personal and noncommercial use only. 

If you are a governmental or nonprofit entity, or an employee thereof, you may download, copy, distribute and use the available Information solely for the purpose of furthering your organization’s mission in the ordinary course of your governmental or charitable operations, including for educational purposes, so long as such use is for noncommercial purposes and made available to third parties without a fee, and provided that you comply with the conditions noted in (a) and (b) above in this section.  

You agree to be solely responsible for your use of the Applications. You acknowledge that the Applications may not comply with standard school curricula in a given jurisdiction and agree that you are solely responsible for determining whether the Applications comply with the curricula laws and regulations relevant to you. Your permission to use the Applications will be terminated immediately, without any further action by XQ, if you breach these Terms. 


ACCOUNT REGISTRATION

If and when you register with or provide information to XQ, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your use of the Applications.

As a registered user, you will have login information, including a username and password. You must treat your Account information as confidential, and you must not disclose it to any other third party. You acknowledge that your Account is personal to you and agree not to allow access to your Account by any third party. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party, you should immediately notify XQ by email at [email protected]. You are solely responsible for your own losses or losses incurred by others due to any unauthorized use of your Account. XQ will not be liable for any losses caused by any unauthorized use of your Account.


LINKED ACCOUNTS

Some features of the Applications may allow you to link your Account on the Applications to your accounts on third-party services, such as social media services. If you link your Account on the Applications to an account on a third-party service (such as Google, Facebook, etc.), you are authorizing XQ to store and use your access credentials to access your Account on your behalf as your agent and to integrate your experience with the Applications with content, information and features available through such third-party services. Use of a third-party service through the Applications in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third-party terms.


POSTINGS AND OTHER SUBMISSIONS

The Applications may contain certain image and content posting activities, member communications, and/or other public communications and forums that allow users to post, submit, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Content”) on or through the Applications. Subject to the XQ Privacy Policy, any Content you post may be viewed by the general public and will be considered non-proprietary and non-confidential. You hereby represent and warrant that you own or control all rights in and to the Content and have the right to grant, and hereby grant to XQ and XQ’s affiliates, licensees and sublicensees a royalty-free, fully paid-up, sublicensable (through multiple tiers of sublicenses), transferable, irrevocable, non-exclusive license to copy, adapt, create derivative works of, incorporate, reproduce, distribute, publicly display, publicly perform or otherwise use or exploit such Content, without compensation to you or others, throughout the word in any format or media (whether now known or hereafter created), and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not XQ, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.

You further agree that we may use any Content that you post or provide in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We cannot and do not guarantee that we will post all Content submitted or that such Content will not be offensive, defamatory or objectionable. You agree that XQ is not responsible for, and does not endorse, Content posted within the Applications. XQ does not have any obligation to prescreen, monitor, edit or remove any Content. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to remove or delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in these Terms, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Applications.

XQ may aggregate Content with other data and also collect technical information and data about your use of the Applications. You expressly agree that XQ may use any aggregated and anonymized data for any purpose during or after the term of these Terms, including, without limitation, to develop and improve the Applications or otherwise develop and improve XQ services and products.


THIRD-PARTY LINKS

From time to time, XQ may post on the Applications (a) links to thirdparty websites (“Links”) or (b) listings or descriptions of third-party information, products or services (“Listings”). Such Links and Listings are provided for your convenience only. You acknowledge and agree that the Links or Listings are not under the control of XQ, and XQ assumes no responsibility for the contents of any such Link or Listing, or for any potential damage arising out of or in connection with the use of any such Link or Listing. It is your responsibility to evaluate the information, opinions, advice or other content available through the Links or Listings, whether posted or provided by third parties or by XQ. XQ may remove any Links or Listings at any time for any reason or for no reason.


PERMISSIONS FOR MOBILE DEVICE USERS

If your use of the Applications includes use through a mobile device, you hereby consent to and grant us permission to access (but not store or transfer, unless separately authorized by you) photos on your mobile device (including metadata) in order to enable tagging (e.g., date, location) of your posted Content.


XQ COMMUNICATIONS

To the extent you have opted to receive communications, updates and newsletters from XQ, you hereby agree and authorize XQ, or those engaged on XQ’s behalf, to send you communications via email, SMS text messages, or through the Applications.


PRIVACY POLICY

You understand that your use of the Applications shall be subject to XQ’s Privacy Policy (the “Privacy Policy”) located here: https://xqsuperschool.org/privacy-policy. XQ reserves the right to modify the Privacy Policy in its discretion from time to time. Continued use of the Applications after any such changes shall constitute your consent to such changes. By providing XQ with your email address or other contact information, you consent to our use of this information to send you Applications-related notices and other administrative notices, including any notices required by law.


ACCEPTABLE USE POLICY

You agree not to use the Applications to post any Content or take any action(s) that (or facilitate(s) or support(s) others in taking any action(s) that):

  1. infringe, dilute, misappropriate or otherwise violate any of our privacy, intellectual property, publicity or other personal rights, including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information or material, non-public information about any person, company or entity without the authorization to do so (including unauthorized use of domain names);
  2. express or imply that any of your statements, activities or causes are endorsed by XQ, without our prior written consent in each instance;
  3. violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
  4. are obscene, libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or advocates violence;
  5. bypass the measures we may use to prevent or restrict access to the Applications, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Applications or the content therein;
  6. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Applications or Information or otherwise attempt to extract the source code of the software underlying the Applications or any part thereof unless expressly permitted or required by law, and in any case, without providing prior written notice to XQ;
  7. remove any copyright, trademark or other proprietary rights notices contained in or on the Applications;
  8. sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the Information or content of the Applications, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
  9. copy, “frame” or “mirror” any part of the Applications without our prior written authorization;
  10. distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  11. transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chan letter”, “spam”, or any other similar solicitation;
  12. attempt to disrupt, degrade, impair or violate the integrity, functionality or security of the Applications or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.);
  13. manipulate identifiers in order to disguise the origin of any submission;
  14. submit to the Applications or to XQ any information that may be protected under the Health Insurance Portability and Accountability Act, as amended and supplemented (“HIPAA”), or any other information that may be protected from disclosure by applicable law; or
  15. harvest or collect information about any Applications visitors or members, including any personally identifiable information, without their express consent.


OWNERSHIP

XQ is the owner or licensee of all rights in the Applications, and the Information and Services (and any intellectual property and other rights relating thereto). You have no rights to the Applications or any aspect thereof other than as expressly granted in these Terms. The logos or other proprietary marks of XQ and affiliated organizations belong to them exclusively. No right, title or interest in those marks is granted in these Terms or through your use of the Applications. Any third-party trademarks or service marks displayed on the Applications are the property of their respective owners. 


CLAIMS OF COPYRIGHT AND TRADEMARK INFRINGEMENT

If you believe in good faith that materials available on the Applications infringe your copyright, you may send XQ a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, you may send XQ a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Digital Millenium Copyright Act. See https://www.copyright.gov for details. Notices and counter-notices should be sent to: XQ Legal, XQ Institute, 248 3rd St. #319, Oakland CA 94607, Phone: (510) 606-6335, or by email to [email protected].


TERM & TERMINATION

These Terms are effective from the date that you first access the Applications or submit any information to XQ, whichever is earlier, and shall remain effective until terminated in accordance with its terms. XQ may deny, terminate or suspend your access to and/or use of the Applications, or any portion thereof, for any or no reason, including without limitation, any violation of these Terms. Upon termination of these Terms by either party, your right to use the Applications shall immediately cease. All disclaimers and all limitations of liability and all XQ rights of ownership shall survive any termination. We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Applications, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Applications, or any part of portion thereof.


ARTIFICIAL INTELLIGENCE

We may use artificial intelligence, machine learning, and natural language processing (collectively, “AI”) in connection with the Applications, including our chat, search and recommendation engine features. While we take technical and organizational steps in our efforts to ensure our technology, including AI components, work as intended, we cannot fully control the operation of AI components, and AI powered results are not guaranteed to be accurate, complete, free from bias or other defects, or be fit for particular use. We do not guarantee that any content, whether AI-generated or otherwise, within our Applications, meets educational curriculum standards for any particular jurisdiction. You should review all results with these risks in mind.  You are solely responsible for (i) evaluating (including by human review) AI output for accuracy, completeness, and other factors relevant to your use before using, distributing, or relying on the AI output and (ii) your decisions, actions, and omissions in reliance or based on the AI output. You shall not use AI technologies offered in the Applications for student testing, to evaluate teacher performance, for any other eligibility determination, or any other way that would have a legal or similarly significant effect on a natural person. Your use of our technologies, including an AI components, and any AI responses, is at your own risk. You acknowledge that we make no representation or warranty that any output generated by any AI tool will meet the curricula standards or regulations applicable to you, and you are solely responsible for ensuring that any educational use of any Application (including those that contain AI) meet all laws and regulations applicable to you. You acknowledge and agree that we are not and shall not be responsible for your use or reliance on our Applications, including any AI-powered components. 


LIMITATION OF LIABILITY AND DISCLAIMER

THE APPLICATIONS, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. XQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY’S USE OR MISUSE OF THE APPLICATIONS, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATIONS IS TO STOP USING THE APPLICATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF XQ FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, EXCEED $100 US DOLLARS.

WHEN INTERACTING WITH OTHER USERS, YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DO NOT KNOW. NEITHER XQ, ITS AFFILIATES, LICENSORS NOR THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES NOR ALL OTHER RELATED PERSONS OR ENTITIES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APPLICATIONS, AND YOU HEREBY RELEASE THE FOREGOING PARTIES FROM ANY LIABILITY RELATED THERETO. XQ, ITS AFFILIATES, LICENSORS AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE APPLICATIONS.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR CONTENT) OR ANY THIRD-PARTY PROVIDER, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE XQ, ITS AFFILIATES, LICENSORS AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE.

THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW. Any provisions concerning the exclusion or limitation of certain damages in these Terms are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.


DISPUTE RESOLUTION: BINDING INDIVIDUAL ARBITRATION & CLASS ACTION/JURY TRIAL WAIVER

These Terms and any Disputes (defined below) shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. 


Mandatory Individual Arbitration. By entering into these Terms, you agree that all disputes or claims between you and XQ arising from or related to the Terms or the Applications, (collectively, “Disputes”), regardless of when the Disputes arose, and if not resolved through the informal dispute resolution procedure outlined below, shall be exclusively resolved by individual, binding arbitration, and not in any court. The arbitrator shall also have exclusive authority to resolve any Disputes about interpreting, applying, enforcing, or forming this Arbitration Agreement, including all threshold arbitrability issues. For clarity, “Arbitration Agreement” means the provision in these Terms that requires disputes to be resolved through individual, binding arbitration, and sets forth the scope, process, and authority of arbitration to resolve disputes between you and XQ. Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and XQ each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. 


Class Action/Jury Trial Waiver. You and XQ agree that, unless you and XQ agree otherwise, arbitration will occur on an individual basis and not on behalf of others. Class, collective, representative, or consolidated proceedings, arbitrations, or actions are not permitted. You and XQ also agree to waive the right to a jury trial. If any court or arbitrator determines that this Class Action/Jury Trial Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and XQ shall be deemed not to have agreed to arbitrate Disputes. 

To the extent that any claims are allowed to proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in San Francisco County, California, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.


Rules & Governing Law. In the event of a Dispute, you and XQ each agree to send to the other party a written notice of such Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to such Dispute; and the relief requested. You must send any notice of a Dispute by email at [email protected] or by mail at 248 3rd St. #319, Oakland, CA 94607. We will send any notice of a Dispute to you at the email address or mailing address we have for you, if any. You and XQ agree to attempt to resolve any Dispute through informal negotiation within 60 days after the notice is sent. After the end of that 60-day period and not before, you or XQ may commence an arbitration proceeding as set forth in this Arbitration Agreement. XQ’s and your right to bring an individual action in small claims court shall not require an attempt to first resolve the Dispute through informal negotiation.

If you and XQ are unable to resolve the Dispute informally, you and XQ each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration by the American Arbitration Association (“AAA”) under its applicable rules and procedures, including any supplementary rules then in effect (the “Rules”), except as modified by these Terms. AAA’s Rules are available at https://www.adr.org/Rules. For information on how to commence an arbitration proceeding, You can contact AAA at www.adr.org. The arbitration shall be a confidential proceeding. The arbitration will take place in San Francisco, California, in the county in which you reside, or another location you and XQ mutually select. Payment of all filing and administration fees will be governed by the Rules. 

If twenty-five (25) or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same, group, or cooperating law firm(s) or organization(s) are allowed to be submitted for arbitration, AAA shall: (a) administer the arbitration demands in twenty-five (25) batches, with the discretion to create additional batches if AAA finds that they are necessary for the efficient resolution of demands; and (b) apply a single initial filing fee and case management fee per batch for each side as set forth in AAA’s Consumer Mass Arbitration and Mediation Fee Schedule. You agree to cooperate in good faith to implement this batching protocol. This provision shall in no way be interpreted as authorizing class or mass arbitrations of any kind. XQ reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this subsection is void or unenforceable for any reason or that an arbitration can proceed on a mass arbitration basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and XQ shall be deemed not to have agreed to arbitrate Disputes.

The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In no event shall the arbitrator have authority to award punitive damages.

If any Dispute is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal and state courts of competent jurisdiction San Francisco County, California without regard to its conflict of laws principles.

ALL DISPUTES WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Nothing in these Terms affects XQ’s ability to seek from a court injunctive or equitable relief at any time.


Opt-Out Procedures. You can choose to reject the Arbitration Agreement by sending XQ a written opt-out notice (“Opt-Out Notice”) within 30 days after the date you first access the Applications or accept any subsequently published version of the Terms, by mail at 248 3rd St. #319, Oakland, CA 94607 or by email at [email protected].  The Opt-Out Notice must include a statement that you do not agree to this Arbitration Agreement, your name, address, phone number, and any email addresses used to log in to any applicable accounts to which the opt-out applies. If you opt out of the Arbitration Agreement, all other parts of the Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with XQ.


Changes to Arbitration Agreement. We may change this Arbitration Agreement, or the policies referred to herein, at our discretion. Notwithstanding the provisions of this Section for Dispute Resolution, if we change any of the terms of the Arbitration Agreement after the date you first accepted the Arbitration Agreement (or accepted any subsequent changes to the Arbitration Agreement), you may reject any such change by sending XQ a written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided by mail at 248 3rd St. #319, Oakland, CA 94607 or by email at [email protected].  In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and XQ in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Arbitration Agreement (or to any subsequent changes to the Arbitration Agreement). 


Survival of Arbitration Agreement. This Arbitration Agreement shall survive any expiration or termination of your relationship with XQ.


JURISDICTIONAL ISSUES

The Applications are operated from the United States and we provide the Applications for use only by persons located in the United States. We make no claims that the Applications or Content is accessible or appropriate outside of the United States. Access to the Applications may not be legal by certain persons or in certain countries. If you access the Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Any Content you provide to us will be transferred, processed and stored in the United States. Your agreement to these Terms followed by your submission of your Content in connection with the Applications represents your agreement to this practice. 


MISCELLANEOUS

If any provision of these Terms, or a portion thereof, is found to be unlawful, void, or for any reason unenforceable, then that provision or portion shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and XQ with respect to your use of the Applications. These Terms may not be changed, waived or modified except by XQ as provided herein or otherwise by written instrument signed by XQ. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with XQ’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. XQ may assign, transfer or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.


THIS WEBSITE IS OPERATED BY

XQ Institute

248 3rd St. #319

Oakland CA 94607

[email protected]

Phone: (510) 606-6335