Terms And Conditions

TERMS OF USE

Thank you for using DataQ! These Terms of Use together with our Privacy Policy, Acceptable Use Policy, and DMCA Policy (“Terms”), govern your or the entity on whose behalf you are agreeing to these Terms (“you” or “Customer”) access to and use of the Products (as defined below) provided by DataQ or any of its affiliates (“DataQ”) and DataQ’s website (“Website”). You represent and warrant you have full legal authority to bind Customer to these Terms.

The Products are offered and available to users who are 18 years of age or older. By using or accessing the Products, you represent and warrant that you are over age 18.

This Agreement takes effect on the earlier of: (a) your initial access to the Products through any online registration, enrollment, or order process (“Order Form”); or (b) or when you click the “I accept” button or check box presented with these Terms (the “Effective Date”). If you do not want to agree to these Terms you must not access or use the Website or the Products.

ARTICLE 1
PRODUCTS

1.1 Overview. DataQ is a data activation system that combines data intelligence services with technologies to manage digital media initiatives for brand marketers and agencies. The DataQ Products allow you to collect Customer Data from your selected sources (“Sources”), work with the Customer Data, and send marketing messages to your chosen destinations (“Destinations”), such as your accounts with third party applications or services. “Customer Data” means any data you submit to or process or transmit through the Products.

1.2 Access to and Use of the Products. You may access and use the Products solely subject to and in accordance with these Terms. You shall comply with all applicable laws, rules, and regulations in connection with your use of the Products and the Website. As used in these Terms, the term “Products” means the data uploading, organizing, reformatting, warehousing, analytics, and visualizing services made available by DataQ to you along with the marketing and outreach services and any other product or service that may be provided by DataQ to you from time to time.

1.3 Use Restrictions. You shall not use the Products or Website in violation of the Acceptable Use Policy.

1.4 Storage and Processing of Customer Data. DataQ may store Customer Data to enable various features and functionality of the Products and may process and transmit Customer Data to Destinations at your direction. You acknowledge that Customer Data transmitted through the Products may be stored and processed by DataQ in the United States or in other countries in which DataQ or its subcontractors maintain facilities.

ARTICLE 2
PRODUCT PLANS AND BETA RELEASES

2.1 Product Plans. DataQ may make available the Products through a free trial plan (“Trial Plan”) and paid plans (“Paid Plan”). Your specific plan will be identified in the Order Form presented when you register, order, or pay for the Products. Your permitted scope of use including available features, permitted number of users, and other usage limits depends on which plan you select.

1. Trial Plan. Under a Trial Plan, you may use the Products in accordance with these Terms for the limited trial period designated on the Order Form or such other period as may be specified by DataQ (the “Trial Period“). Trial Plans are permitted solely for your use to determine whether to purchase a Paid Plan. If you do not upgrade from a Trial Plan to a Paid Plan at the end of the Trial Period, then your access to the Products may be limited or suspended (to be determined at DataQ’s sole discretion) until such time as you terminate these Terms or convert to a Paid Plan. Trial Plans may not include all features or functionality offered as part of Paid Plans, and DataQ reserves the right to add or subtract any features or functionality at any time for such plans. DataQ has the right to suspend or terminate a Trial Plan at any time for any reason.
   
   
2. Paid Plan. Paid Plans are provided on a subscription basis for a set term designated on the Order Form (each, a “Subscription Term”). Unless otherwise specified on the applicable Order Form, each Subscription Term shall automatically renew for the same period as the then-current Subscription Term (e.g., monthly Paid Plans will automatically roll over month-to-month and annual Paid Plans will automatically renew for additional 12-month periods). You may elect not to renew your Subscription Term or may terminate a Paid Plan using the automated enrollment system. Any such nonrenewal or termination shall take effect the last day of month following the submission of the termination or nonrenewal via the automated enrollment system.

2.2 Beta Releases. From time to time, DataQ may grant you access to “alpha”, “beta”, or other early-stage products (“Beta Releases”). While DataQ may provide assistance with Beta Releases in its discretion, notwithstanding anything to the contrary in these Terms, YOU AGREE ANY BETA RELEASE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH DATAQ WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF A BETA RELEASE IS AT YOUR SOLE RISK. DataQ makes no promises that future versions of a Beta Release will be released. DataQ may terminate your right to use any Beta Release at any time for any reason or no reason in DataQ’s sole discretion, without liability.

ARTICLE 3
FEES AND PAYMENT

3.1 Fees and Payment. All DataQ fees detailed in the relevant Order Form (“Fees”) shall be immediately due and payable via credit card at the time of your completion of the Order Form for the initial Subscription Term and on the first day of any subsequent Subscription Term. All Fees payable hereunder are non-cancellable and non-refundable unless required by law otherwise. You are responsible for paying the full amount of Fees for each Subscription Term, whether or not you actually use the Products during all or part of such Subscription Term. Notwithstanding the foregoing, if your Subscription Term renews annually and you terminate as provided in Section 2.1(b), DataQ will refund your Fees on a pro rata basis based on the period of your use less any expenses DataQ incurs resulting from your termination prior to the end of your Subscription Term. Any such refund shall be made within a reasonable timeframe from the termination not to exceed thirty (30) days. If any Fees are due and not timely paid, accruing from the due date of payment, DataQ is entitled to and you agree to pay interest at the lower of: (i) 1% compounded interest per month; and (ii) the maximum interest rate permitted by applicable law.

3.2 Overages. If you exceed your permitted usage in any month of a Subscription Term as specified in an Order Form, DataQ reserves the right to charge overage fees in respect to such excess usage at the applicable overage rates set forth in the Order Form. You shall pay any overage fees monthly in arrears.

3.3 Taxes. You are responsible for all applicable taxes, and we will charge tax when required by law to do so.

ARTICLE 4
CUSTOMER OBLIGATIONS

4.1 Accurate Profile Information. When you complete an Order Form, you will be asked to provide certain information about yourself including any entities on whose behalf you will be using the Products. You agree to provide correct, current, and complete information, including your legal name and the legal name of any such entity, when you complete the Order Form.

4.2 Customer Account. You shall be solely responsible for your Representatives access to and use and security of: (i) your account associated with the Products (“Account”); (ii) the Customer Data; and (iii) the results of your use of the Products. “Representatives” means your employees’, subcontractors’ or anyone else engaged by you to use or access the Products in connection with the Account.

4.3 Rights in Customer Data. You are solely responsible for the accuracy, content and legality of all Customer Data and agree to comply with all applicable laws in your use of the Products including European Union data protections laws. You represent and warrant to DataQ that you have all necessary rights, consents and permissions to upload, download, collect, share and use Customer Data as contemplated under these Terms (including granting DataQ the rights in Section 6.1), without violation or infringement of (i) any third party intellectual property, publicity, privacy or other rights, (ii) any laws, or (iii) any terms of service, privacy policies or other agreement governing the Customer Data or your accounts with third-party Sources or Destinations. By enabling use of the Products with any Source or Destination, you authorize DataQ to access your accounts with such Source or Destination for the purposes described under these Terms. DataQ may also disclose that you are a customer of DataQ and related technical data related to the Products to providers of third-party Sources and Destinations used by you with the Products.

4.4 No Sensitive Personal Information. You specifically agree not to use the Products to collect, store, process, or transmit any Sensitive Personal Information. You acknowledge that DataQ is not a Business Associate or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Products are neither HIPAA nor PCI DSS compliant. DataQ shall have no liability under these Terms for Sensitive Personal Information, notwithstanding anything to the contrary herein. “Sensitive Personal Information” means any of the following: (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (“PCI DSS”); (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”); (iii) any information deemed to be “special categories of data” of an European Union resident (prior to May 25, 2018, as such term is defined in EU Data Protection Directive 95/46/EC; and on and after May 25, 2018, as defined in European Union Regulation 2016/679) or (iv) any other personal or sensitive information subject to regulation or protection under the Gramm-Leach-Bliley Act, Children’s Online Privacy Protection Act or other laws.

4.5 Indemnification by Customer. You shall indemnify, defend and hold harmless DataQ from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to your use of the Website or Products, or any Customer Data or breach or alleged breach by you of Sections 4.3 (Rights in Customer Data) or 4.4 (No Sensitive Personal Information). This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all necessary cooperation of DataQ at your expense.

4.6 Your Security. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE PRODUCTS.

ARTICLE 5
SECURITY

5.1 General. DataQ shall use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of the Products or Customer Data. However, DataQ shall have no responsibility or liability for errors in transmission, unauthorized third-party access or other causes beyond DataQ’s control.

5.2 Privacy Policy. You agree that all information you provide to register with this Website, use the Products, or otherwise, including but not limited to through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

5.3 Password Protection and Unauthorized Use. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity other than your Representatives. You also acknowledge that your account is unique to you and agree not to provide any other person with access to the Products or the Website or portions of it using your user name, password, or other security information unless specifically authorized on your Order Form. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

6.1 Customer Data. As between the parties, you shall retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to DataQ. Subject to these Terms, you hereby grant to DataQ a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide the Products to you. Nothing in these Terms prevents DataQ from disclosing Customer Data to the extent required by law, subpoenas, or court orders, but DataQ shall use commercially reasonable efforts to notify you when permitted to do so.

6.2 DataQ Technology. This is a subscription agreement for access to and use of the Products and Website. You agree DataQ or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Products and the Website and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate Feedback (as defined below). Except as expressly set forth in these Terms, no rights in the Products or any DataQ technology are granted to you.

6.3 Feedback. You, from time to time, may submit comments, questions, suggestions or other feedback relating to any DataQ product or service to DataQ (“Feedback”). DataQ may freely use or exploit Feedback in connection with any of its products or services.

6.4 Aggregated Anonymous Data. Notwithstanding anything to the contrary herein, you agree DataQ may obtain and aggregate technical and other data about your use of the Products that is non-personally identifiable with respect to you (“Aggregated Anonymous Data“), and DataQ may use the Aggregated Anonymous Data to analyze, improve, support, operate, and market the Products and for distribution in general benchmarking data and industry reports. For clarity, this Section 6.4 does not give DataQ the right to identify you as the source of any Aggregated Anonymous Data.

ARTICLE 7
TERM AND TERMINATION; SUSPENSION

7.1 Effective Date. These Terms are effective as of the Effective Date and will continue until terminated.

7.2 Termination for Cause. Either party may terminate these Terms if the other party (a) fails to cure any material breach of these Terms (including a failure to pay fees or comply with applicable scope of use restrictions) within thirty (30) days after written notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter). For clarity, nothing in this Section 7.2 limits DataQ’s right to terminate or suspend any Trial Plan as set forth in Section 2.1(a) (Trial Plans).

7.3 Effect of Termination. Upon any expiration or termination of these Terms, you shall immediately cease any and all use of and access to the Products (including any and all related DataQ technology), and delete (or, at DataQ’s request, return) any and all copies of any documentation provided to you by DataQ, any DataQ passwords or access codes and any other DataQ confidential information in your possession. You acknowledge that following termination you shall have no further access to any Customer Data in the Products, and that DataQ may delete any such data as may have been stored by DataQ at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.

7.4 Suspension of Service. In addition to DataQ’s termination and other rights under these Terms, DataQ reserves the right to suspend your access to the Products (and any related products or services), in whole or in part, without liability to you and with immediate effect: (i) if your account is thirty (30) days or more overdue; (ii) if you exceed any scope of use restrictions set forth in the applicable Order Form; (iii) if you have breached your express obligations under Sections 1.3 (Use Restrictions) or Article 4 (Customer Obligations); or (iv) to prevent harm to the Products or other DataQ customers.

7.5 Survival. The following Sections and Articles shall survive any expiration or termination of this Agreement: Section 1.3 (Use Restrictions), the disclaimers in Section 2.2 (Beta Releases), Article 3 (Fees and Payment), Section 4.5 (Indemnification by Customer), Article 6 (Ownership and Intellectual Property Rights), Article 7 (Term and Termination; Suspension), Article 8 (Warranty Disclaimer), Article 9 (Limitation of Remedies and Damages), Article 11 (Modifications to Agreement) and Article 13 (General Terms).

ARTICLE 8
WARRANTY DISCLAIMER

8.1 Warranty Disclaimer. DataQ strives to provide great products and services, but there are certain things DataQ cannot guarantee. THE PRODUCTS AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS”. NEITHER DATAQ NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DATAQ DOES NOT WARRANT THAT YOUR USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES DATAQ WARRANT IT WILL REVIEW THE CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS. YOU UNDERSTAND CUSTOMER DATA IS SHARED WITH DESTINATIONS AT YOUR ELECTION AND DATAQ TAKES NO RESPONSIBILITY FOR ANY DESTINATION’S USE OR PROTECTION OF CUSTOMER DATA ONCE IT HAS BEEN SHARED. DATAQ SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DATAQ. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

8.2 Third Party Applications and Integrations. If you use any third-party service or applications, such as a service that uses a DataQ API, with the Products: (a) DataQ will not be responsible for any act or omission of the third-party, including the third-party’s access to or use of Customer Data; and (b) DataQ does not warrant or support any service provided by the third-party.

ARTICLE 9
LIMITATION OF LIABILITY, REMEDIES AND DAMAGES

9.1 Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, DATAQ AND ITS RELATED PARTIES SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR THE PRODUCT UNDER ANY LEGAL THEORY INCLUDING FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. “RELATED PARTIES” MEANS DATAQ’S PARTNERS, MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, AFFILATES, EMPLOYEES, AGENTS, SUPPLIERS, SUCCESSORS, AND ASSIGNS.

9.2 Liability Cap. TO THE FULLEST EXTENT PROVIDED BY LAW, DATAQ’S (AND ITS RELATED PARTIES’) ENTIRE LIABILTIY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO DATAQ DURING THE PRIOR TWELVE (12) MONTHS UNDER THESE TERMS.

9.3 Nature of Claims and Failure of Essential Purpose. The parties agree the waivers and limitations specified in this Article 9 apply regardless of the form of action, whether in contact, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

ARTICLE 10
AUTHORIZATION TO USE NAME FOR MARKETING

You agree to participate in reasonable marketing activities that promote the benefits of the Products to other potential customers and to use of your name and logo on the Website and in DataQ’s promotional materials. You agree DataQ may disclose you as a customer of DataQ.

ARTICLE 11
MODIFICATIONS TO THESE TERMS

DataQ may revise and update these Terms from time to time in our sole discretion and will notify you of such updates either via email or by posting notice of such changes on its website, or by any other reasonable means. All changes are effective immediately when we post them unless otherwise stated, and apply to all access to and use of the Products and Website thereafter. Your continued use of the Products or access of the Website after DataQ’s provision of a notice of an updated version of the Terms shall constitute your consent to such updated Terms.

ARTICLE 12
MISCELLANEOUS

12.1 Subcontractors. DataQ may use the services of subcontractors and permit them to exercise the rights granted to DataQ in order to provide the Products under these Terms. These subcontractors may include, for example, DataQ’s hosting, infrastructure and CDN providers. DataQ remains responsible for compliance of any such subcontractor with these Terms and the overall performance of the Products as required under these Terms.

12.2 Your Comments and Concerns. This website is operated by DataQ. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Products or Website should be directed to the address set forth in Section 13.13.

12.3 Use Outside of the United States. DataQ expressly disclaims any representation or warranty that the Website or Products comply with all applicable laws and regulations outside of the United States. If you use the Products or Website outside of the United States, you expressly understand and agree you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Website or Products.

12.4 Assignment. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign these Terms without the advance written consent of the other party, except that DataQ may assign these Terms in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of DataQ’s assets or voting securities. Any attempt to transfer or assign these Terms except as expressly authorized under this Section will be null and void.

12.5 Headings. The headings in these Terms are inserted for convenience or reference only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of these Terms or any provision of these Terms.

12.6 Entire Agreement/Severability. These Terms supersede all prior terms, agreements, discussions and writings regarding the Products and Website and constitute the entire agreement between you and DataQ regarding the Products and Website. If any provision of these Terms shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms will not affect the validity and enforceability of any remaining provisions. No amendment of these Terms, unless made by DataQ, shall be binding on DataQ unless the express prior written consent of DataQ is obtained.

12.7 Waiver. No waiver will be implied from conduct or failure to enforce or exercise rights under these Terms, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived.

12.8 Governing Law, Jurisdiction, and Venue. All matters relating to the Products, the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Subject to the mandatory arbitration provisions below, any legal suit, action, or proceeding arising out of, or related to, these Terms, the Products, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.

12.9 Informal Dispute Resolution. DataQ aims to address your concerns without the need for a formal legal proceeding. Before filing a claim against DataQ, you agree to try to resolve the dispute informally by contacting DataQ at the address set forth in Section 13.13. DataQ will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or DataQ may bring a formal proceeding.

12.10 Arbitration. IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

1. Agreement to Arbitrate. You agree to resolve any claims relating to these Terms, the Products, or the Website through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this Section 13.10, including its enforceability, revocability, or validity.
2. Arbitration Procedures. JAMS will administer the arbitration under its applicable rules. The arbitration will be held in San Diego, California or any other location we agree to.
3. Arbitration Fees and Incentives. The JAMS rules will govern payment of all arbitration fees. Both parties will evenly split all arbitration fees for individual arbitration for claims unless prohibited by law. DataQ will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
4. Exceptions to Agreement to Arbitrate. Either you or DataQ may assert claims, if they qualify, in small claims court in San Diego (CA). Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, Products, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts set forth in Section 13.8 to resolve your claim.
5. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

12.11 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, 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.

12.12 Further Assurances. You agree to execute a hard copy these Terms and any other documents, and to take any actions at DataQ’s expense that DataQ may request to confirm and effect the intent of these Terms and any of your rights or obligations under these Terms.

12.13 Notice. Any notice or communication to DataQ that is required or permitted under these Terms shall be in writing to DataQ at the address set forth below or at such other address as directed by DataQ, and shall be deemed to have been received by DataQ (i) if given by hand, immediately upon receipt; (ii) if given by email, upon confirmation of delivery; (iii) if given by overnight courier service, the first business day following dispatch or (iv) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail. DataQ may send notices to you through your email on file or through the Products. All notices given to you shall be deemed to have been received by you upon delivery. You consent to receive communications from DataQ by email in accordance with these Terms and applicable law. You acknowledge and agree all agreements, notices, disclosures and other communications DataQ provides to you electronically will satisfy any legal requirement that such communications be in writing.

DataQ
Attn: [Name]
225 Broadway, Suite 430
San Diego, CA 92101
[Email]
[Phone]

12.14 Notice for California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Products and Website are provided by DataQ, located in San Diego, California. If you have a question or complaint regarding the Products or Website, please contact DataQ at the notice address listed above. California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.