CADCA

Athlete Terms & Conditions

Please read and review the Terms and Conditions below before you register.

Your registration as an Athlete 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 athlete who is 18 years of age or older, and/or are the parent or legal guardian of a minor athlete who wants to join TheQsport.com. 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 membership at TheQsport.com/TheQsport.net does not promise, represent, warrant or guarantee that you will obtain a scholarship, financial aid, or be chosen to participate on a team by a college or university coach. You understand and acknowledge that you should be in good health and free from any conditions known or unknown that might be aggravated by the iQ Physical Test. If you have a history of recent surgery, heart trouble/high blood pressure, asthma, or any other condition that could be aggravated you should consult your family doctor before taking the iQ Physical Test. You must advise your iQ instructor if you have any illnesses, injuries or any other condition that could be aggravated or potentially affect your capacity to take part in the iQ Physical Test. You understand and acknowledge that the IQ Mental Toughness Profile is not a formal psychological test and should not be used as a mental health diagnosis tool. Should you require a formal psychological testing program you should consult a suitably qualified and licenced mental health services provider. You understand and acknowledge that you have the option to switch your test date/location up to 14 days before your currently selected test date/location. Test dates/locations cannot be changed inside of the 14 days leading up to your currently selected test date/location. Refunds will not be issued to athletes who fail to show up for an iQ event or cancel an iQ event 14 days before your currently selected test date/location. You understand and acknowledge that refunds can only be issued up to 14 days before your currently selected test date/location. Refunds cannot be issues inside of the 14 days leading up to your currently selected test date/location. iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc reserves the right to refuse any membership registration, membership renewal, or profile update for any or no reason, in its sole and complete discretion. Member Account You are solely responsible for the protection of your username and password. You agree not to disclose your username, password, and/or athlete I.D. to any third party. You are solely responsible for any activities or actions under your username, password, and athlete I.D. whether or not you have authorized such activities or actions. You must immediately notify iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc of any loss of or unauthorized use of your username and password. Linking Links may be established from this Website to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience and information only. In addition, certain Third Party Sites also may provide links to the TheQsport Website. None of such links should be deemed to imply that iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc endorses the Third Party Sites or any content therein. We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site. All visitors to, users, and/or members of the the iQ Sport Inc. website, Queen of Diamonds, LLC’s website, WSM Ent.'s website, Qathlete Inc.'s website theqsport.com/theqsport.net are responsible or liable for any content he/she lists online inside theqsport.com/theqsport.net. iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc. will have no liability arising out of or related to visitors, users, and/or members content listed online inside theqport.com/theqsport.net for any damages or loss caused or alleged to be caused by or in connection with any content listed online. Termination of Membership iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc may terminate your registration and your participation on the Website at any time for violations of these Terms & Conditions as determined by iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc in its sole and complete discretion. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of your membership for all purposes. Limitations and Disclaimers iQ SPORT INC., QUEEN OF DIAMONDS, LLC, WSM ENT, QATHLETE INC DOES NOT PROMISE, REPRESENT, WARRANT OR GUARANTEE THAT YOU WILL OBTAIN A SCHOLARSHIP, FINANCIAL AID, OR BE CHOSEN TO PARTICIPATE ON A TEAM BY A COLLEGE OR UNIVERSITY COACH. iQ SPORT INC., QUEEN OF DIAMONDS, LLC, WSM ENT, QATHLETE INC IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY FOR, ANY ACTIONS TAKEN OR NOT TAKEN BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COLLEGE COACHES. 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 WEBSITE 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 IMPLIED WARRANTIES FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. QUEEN OF DIAMONDS,LLC 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 QUEEN OF DIAMONDS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Special Notice Regarding Tournaments & Events You acknowledge and agree that if you participate in the iQ, QDS.e, QDS.n, QDS.s, QDS.sc, or Cup tournaments that, as a condition of such participation, you will be required to accept the terms of and be subject to the Liability and Information Release. 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 and 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 and 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 iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc. may send you electronic Notices (a) by email to an email address you provide or have provided to iQ Sport Inc., Queen of Diamonds, LLC and/or (b) by posting the Notices on a main page of TheQsport.com or other webpage designated by iQ Sport Inc., Queen of Diamonds, LLC, WSM Ent., Qathlete Inc. 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 and 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 and Conditions or your use of the Website. Miscellaneous These Terms and 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 and 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 and Conditions and agree to abide by them.