CADCA

iQ Coach/Instructor Mental Toughness Profile Evaluation Terms & Conditions

Please read and review the Terms and Conditions below before registering for the MT Profile Evaluation.

Your registration as a Coach/Instructor at the iQ Sport Inc. website, Queen of Diamonds, LLC’s website, WSM Ent.'s website, Qathlete Inc.'s website, TheQsport.com/TheQsport.net (the “Website”), constitutes your agreement to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you are not authorized to use this Website. Registration By registering at TheQsport.com/TheQsport.net, you agree that you are the Coach/Instructor of the athlete that provided your I.D. and Password. You consent to the posting of your information on the Website and agree that your information may be reviewed by iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc staff and users who register with TheQsport.com/TheQsport.net. You represent and warrant that all information you provide at TheQsport.com is current, complete and accurate. You understand and acknowledge that the IQ Mental Toughness Profile Evaluation is not a formal psychological test and should not be used as a mental health diagnosis tool. Should your athlete require a formal psychological testing program they should consult a suitably qualified and licenced mental health services provider. You understand and acknowledge that the results of the Coach/Instructor Mental Toughness Profile Evaluation does not promise, represent, warrant or guarantee that the athlete will obtain a scholarship, financial aid, or be chosen to participate on a team by a college or university coach. Account You are solely responsible for the protection of your username and password. You agree not to disclose your username and/or password to any third party. You are solely responsible for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You must immediately notify us of any loss of or unauthorized use of your username and password. Permitted Uses ALL ATHLETE INFORMATION CANNOT BE USED FOR ANY OTHER PURPOSE NOR SHARED WITH OR DISCLOSED TO ANYONE OTHER THAN THE ATHLETE AND ATHLETES PARENTS. This information may be not be copied or used for any personal or commercial purposes. This information may not be reproduced for any other use except with the written permission of iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent, Qathlete Inc. Limitations and Disclaimers THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON OR OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. USE OF THE SITE AND THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON OR OFFERED THROUGH THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, iQ SPORT INC., QUEEN OF DIAMONDS, LLC, WSM ENT, QATHLETE INC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNEES FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLED WARRANTIES FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. iQ SPORT INC., QUEEN OF DIAMONDS, LLC, WSM ENT, QATHLETE INC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THE WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE WEBSITE OR FEATURES WILL MEET YOUR REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE. iQ SPORT INC., QUEEN OF DIAMONDS, LLC, WSM ENT, QATHLETE INC WILL NOT, IN ANY EVENT, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY THEORY OF LAW, EVEN IF iQ SPORT INC., QUEEN OF DIAMONDS, LLC, WSM ENT., AND QATHELTE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnification. You agree to indemnify and hold iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc, its officers, directors, employees, shareholders, agents, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including attorneys’ fees) that arise directly or indirectly from: (a) your breach of any provision of these Terms & Conditions; or (b) your use of the Website or any of its features or services. Notices and Consent to Electronic Delivery of Notices You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with these Terms & Conditions or your use of the Website and related services (collectively, “Notices”), electronically (e.g., email) from iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent, Qathlete Inc. You agree that we may send you electronic Notices (a) by email to an email address you provide or have provided to us and/or (b) by posting the Notices on a main page of TheQsport.com or other webpage designated by us for this purpose. You must check your designated email address regularly for Notices from iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent, Qathlete Inc. The delivery of any Notice from iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent, Qathlete Inc is effective when sent (or posted) by iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent, Qathlete Inc, regardless of whether it is received or rejected by your email system or you read the communication after you received it. Jurisdiction and Venue These Terms & Conditions shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action suit or proceeding arising out of or relating to these Terms & Conditions or your use of the Website. Miscellaneous These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent, Qathlete Inc without restriction. If any of these terms or conditions shall be deemed invalid or unenforceable for any reason, the remainder of these terms and conditions shall remain enforceable and unaffected thereby. In the event of a violation of these Terms & Conditions, iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent, Qathlete Inc reserves the right to seek all remedies available by law or in equity.

I have read the Terms & Conditions and agree to abide by them.