Terms and Conditions

PLEASE READ CAREFULLY. Welcome to the Cultural Intelligence Center Web sites. These Terms and Conditions (“Terms”) govern your access to and use of the Cultural Intelligence Center Web sites, which include but are not limited to CulturalQ.com and CQCenter.com and their sub-domains (each, a “Site”). This Site is owned and operated by Cultural Intelligence Center, LLC, (collectively, “Cultural Intelligence Center”, “we”, “us”, “our”). Please return to this Site and review these Terms from time to time, as they may be amended without notice. Any changes to these Terms will be effective immediately upon the posting of the revised Terms on this Site. Some products and services accessible through this Site are subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions shall prevail. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE. YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS.

GENERAL. Cultural Intelligence Center does not warrant that the contents of this Site are error-free. Information on this Site may contain technical inaccuracies and/or typographical or other types of errors and may be changed or updated at any time without notice. Cultural Intelligence Center may also make improvements and/or changes in the products and/or programs described on this Site at any time without notice. Cultural Intelligence Center will use reasonable efforts to place accurate and up- to-date information on this Site but makes no warranty of its accuracy, completeness and/or timeliness. You acknowledge that your use of any information available through this Site is at your own risk.

WARRANTY DISCLAIMER. THIS SITE AND ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, CULTURAL INTELLIGENCE CENTER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. CULTURAL INTELLIGENCE CENTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THIS SITE OR THE CONTENT OR MATERIALS ON THIS SITE OR ANY WEB SITES LINKED TO THIS SITE, INCLUDING, WITHOUT LIMITATION, THAT

(I) USE OF THIS SITE OR ANY CONTENT OR MATERIALS ON OR FROM THIS SITE (INCLUDING ANY SOFTWARE, PRODUCT OR SERVICE) WILL BE UNINTERRUPTED, (II) THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (III) ANY ERRORS ON THIS SITE WILL BE CORRECTED, OR (IV) THE SERVERS ON WHICH THIS SITE, CONTENT AND MATERIALS ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow a disclaimer of some or any implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, to the extent prohibited.

CODE OF CONDUCT. You agree that you will use this Site (including features thereof and products or services offered thereon) only for its intended purpose. You agree to limit such uses to your personal, non-commercial use. You further agree not to: (i) use this Site, any content or other materials on this Site, or any products or services included on or available through this Site for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of this Site are able to type, hacking or defacing any portion of this Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges; (iii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (iv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content or other materials on this Site.

Cultural Intelligence Center has the right to terminate your use of this Site, or any portion of this Site, with or without notice, in its sole discretion, for any reason or no reason at all, including, but not limited to, if Cultural Intelligence Center determines (in its sole discretion) that your use of or conduct on or related to this Site (i) violates these Terms or any additional terms and conditions, (ii) is harmful to Cultural Intelligence Center, its customers or vendors, another user or any other party, or (iii) violates applicable law.

LIMITATION OF LIABILITY. IN NO EVENT WILL CULTURAL INTELLIGENCE CENTER, OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SPONSORS OR ADVERTISERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR

ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE.

COPYRIGHT AND TRADEMARK. All materials on this Site, including, without limitation, all copyrights, trademarks, artwork, images and other elements (collectively, the “Content”), are protected by copyrights and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. Except as stated in these Terms, none of the Content on this Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Cultural Intelligence Center or the copyright owner. You also may not, without Cultural Intelligence Center’s permission, “mirror” any Content contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

DOWNLOADING. You may only download those materials from this Site that are expressly designated to be downloaded by users. Where a fee is required to download any materials, you may not download such materials without paying such fee. You agree not to use technical or other means to circumvent these Terms or any content protection technology used on this Site. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited.

There are inherent dangers in the use of any software available for downloading on the Internet, and Cultural Intelligence Center cautions you to make sure that you completely understand the potential risks before downloading any of the software (including the potential infection of your system by computer viruses). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software and assume all risks associated with any downloaded software.

SUBMISSION OF INFORMATION OR MATERIALS. You may be required to provide us with information about yourself in order to enjoy certain features of this Site, such as setting up an account and purchasing products. If you choose to provide us with such information, you agree: (i) to provide true, accurate, current and complete information about yourself (and your company if you are opening an account or making a purchase on behalf of your company) as prompted by this Site, and (ii) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of this Site

PASSWORD AND USER NAME. Access to some Content and other materials offered on this Site is password controlled and is accessible to registered users only. You certify that all information provided in the registration process is accurate and correct. If you are registering or making a purchase or conducting other transactions on behalf of your company, you represent and certify that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms necessary for access to password-controlled content). You are solely responsible for maintaining the confidentiality of your account information, including, without limitation, your user name and password. You are solely responsible for any and all activities that occur under your user name and password. You agree to notify Cultural Intelligence Center immediately of any unauthorized use of your user name, password or account or any other breach of security. Cultural Intelligence Center will not be liable for any loss that you may incur as a result of someone else using your user name, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Cultural Intelligence Center as a result of the misuse of your user name, password or account.

LINKS TO THIRD PARTY SITES. There are links on this Site that will permit you to travel to other, third-party sites over which Cultural Intelligence Center has no control. These links are provided for your convenience only and your use of them is at your own risk. Cultural Intelligence Center makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the web sites that you may access through this Site. Cultural Intelligence Center does not endorse or accept any responsibility for the content, or use, of any such linked web sites.

JURISDICTION AND GOVERNING LAW. This Site is maintained, controlled, operated and administered by Cultural Intelligence Center from within the United States of America (“ U.S.”). Cultural Intelligence Center makes no representation that the Content or any other materials on this Site are appropriate for use at locations outside of the

U.S. and access to this Site from countries where such Content or materials are illegal is prohibited. If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws. The use of this Site, the Content or any other materials on this Site, and these Terms are governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. Any legal proceeding arising out of the use of this Site, the Content or any other materials on this Site, or these Terms must be brought in Grand Rapids, Michigan and must be brought within one year after the claim or cause of action arises or it is barred. By using this Site, you irrevocably submit to the jurisdiction of the State and Federal courts located in Grand Rapids, Michigan. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect.

INTERNATIONAL TRADE COMPLIANCE. The goods licensed, sold, or accessed through this Site, which may include products, software and services, are subject to the customs and export control laws and regulations of the U.S. and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Further, under U.S. law, such goods may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You warranty that you are not located in, under the control of, or a national resident of any such country, on any such list or involved in any such activities. In addition, you acknowledge that it is your responsibility to comply with and abide by the aforementioned laws and regulations, and that any customer or vendor that you request Cultural Intelligence Center to route product to directly has also been made aware of the associated export controls.

CONFIDENTIAL INFORMATION. You may be given access to Cultural Intelligence Center confidential information through this Site or links from this Site. You may not disclose Cultural Intelligence Center confidential information to any third party without the written consent of Cultural Intelligence Center. You must protect Cultural Intelligence Center confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care.

Cultural Intelligence Center confidential information includes, but is not limited to – all non-public information regarding Cultural Intelligence Center, its intellectual property or its products, quantity and prices of products purchased, sales and marketing plans, unannounced products, any information marked as “confidential” or “proprietary” or similarly marked, or any information that, if disclosed, might be competitively detrimental to Cultural Intelligence Center. You may enter into separate non-disclosure agreements with Cultural Intelligence Center governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.

EMAIL AND OTHER FORMS OF DIGITAL COMMUNICATIONS FROM CULTURAL INTELLIGENCE CENTER. Cultural Intelligence Center may from time to time send you emails and other forms of digital communication. The emails may be transactional in nature (ex. registration confirmation, forgot password, payment receipt, etc) as well as promotional in nature (ex. Company newsletter, marketing communication, company updates, etc). You acknowledge that such emails and other forms of digital communication are sent with your consent and permission. If you do not wish to receive emails or digital communications from us, you can follow the opt-out directions set forth in such email or digital communication. You may also ask to opt-out from receiving such emails and digital communications by emailing info@culturalq.com and you may request that you be opted out from any of our mailing lists. Cultural Intelligence Center will not sell or broker your email address or contact information to 3rd party list providers, advertisers, data miners or any other company. The emails and digital communications are strictly used as form of communication between Cultural Intelligence Center and our users. In addition, other forms of digital communications covered by our Privacy Policy and Terms and Conditions include text messages (SMS rates may apply), chat sessions, online comments and any other form of digital communication.

ENTIRE AGREEMENT. These Terms represent the entire agreement relating to the use of the Site. Cultural Intelligence Center’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

INDEMNITY. By using this Site you agree to indemnify Cultural Intelligence Center, and its subsidiaries, partners, affiliates, agents, consultants, sponsors, advertisers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”), and hold the Released Parties harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of this Site or the Content or other materials on this Site, your breach of any term or condition contained in these Terms or any other agreement applicable to any specific functions or areas of this Site, or your submission of information or materials to Cultural Intelligence Center by any means or from any person’s use of any account or password you maintain with Cultural Intelligence Center or this Site, regardless of whether such use is authorized by you. By using this Site, or submitting any ideas and/or related materials to Cultural Intelligence Center, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this Site or to any disputes regarding use of ideas and/or related materials submitted to Cultural Intelligence Center.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.

QUESTIONS OR COMMENTS. If you have any questions or comments about these Terms, please contact us at info@CulturalQ.com.

Last Updated: November 11, 2020