Terms and Conditions

Effective Date: July 20, 2026

Last Updated: July 20, 2026

Ray Quinney & Nebeker, P.C. (collectively “RQN,” “our,” “us,” or “we”) owns and operates https://rqn.com/ and its associated websites, mobile sites, applications and associated applications services (the “Sites”). RQN provides its Sites, including but not limited to all information, videos, images, tools, emails, text messages or other electronic communications, applications, fixtures, or other products, or services from us, and all other services made available by us to Users from time to time, whether through our Sites or through other means (collectively, the “Services”).

PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING, REGISTERING TO USE, OR USING THE SERVICES, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN SECTION 21 AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR DATA PROTECTION AND PRIVACY POLICY.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT ACCESS OR USE THE SERVICES. IF YOU VIOLATE THIS AGREEMENT OR OUR DATA PROTECTION AND PRIVACY POLICY, WE RESERVE THE RIGHT TO DENY YOU ACCESS TO OUR SERVICES TOGETHER WITH ANY AND ALL OTHER LEGAL REMEDIES.

Nothing in this Agreement should be understood as creating an attorney-client relationship. This Agreement does not limit or otherwise reduce protections resulting from our attorney-client relationships, including confidentiality, attorney-client privilege, attorney work product, or other applicable protection. In the event this Agreement conflicts with an attorney-client relationship protection, our obligation under such attorney-client relationship will prevail. This Agreement does not provide legal or other professional advice of any kind. Information provided via this website will not be considered an attorney-client communication or otherwise be treated as confidential or privileged unless there is a prior express agreement by us to the contrary.

This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.

The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement.

  1. ENTIRE AGREEMENT.

This Agreement and our Data Protection & Privacy Policy and any other agreements we may post on the Services from time to time comprise the entire agreement between User and RQN, and supersedes any and all prior agreements between the parties regarding the subject matter contained herein (including but not limited to any prior versions of this Agreement). All such additional terms and conditions are hereby incorporated by this reference into this Agreement.

By using our Services, you attest that you are authorized to use our Services as stated herein, and that you will comply with this Agreement, our Data Protection & Privacy Policy, and all applicable laws, rules, and regulations.

  1. DESCRIPTION OF SERVICE

RQN grants you a limited, revocable, non-exclusive, non-transferable right to review, and in some instances print content from our Services for your personal and educational purposes, as long as they do not violate any aspect of this Agreement or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. RQN reserves the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.

RQN (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

  1. MODIFICATIONS TO SERVICE AND TERMS AND CONDITIONS.

RQN reserves the right, at any time, to modify or discontinue the Services temporarily or permanently, with or without notice and for any reason, including but not limited to performing maintenance, repairs, or upgrades. RQN shall not be liable to any User or any third party should RQN exercise its right to modify or discontinue any Services provided. RQN also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at https://rqn.com/privacy-policy/. Your continued use of the Services constitutes your agreement to abide and be bound by this Agreement and any modifications to this Agreement.

  1. NO RESALE OF SERVICE.

You agree not to reproduce, duplicate, copy, modify, create derivative works of, republish, download, store, sell, resell, transmit or exploit any portion of the Services, use of the Services, or access to the Services.

  1. CONTENT OWNERSHIP.

The content on the Sites, including but not limited to, content, features, functionality, photos, and site layout, as well as the RQN name, all logos of RQN, and all related names, service names, designs and slogans appearing on the Sites (the “Site Content”), are the exclusive property of RQN, our affiliates, or licensors and are protected by intellectual property and proprietary rights laws. You shall not use such marks without the prior written permission of RQN. We reserve any and all rights to the Site Content. Commercial use of the Site Content is prohibited.

The Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior, express, written permission. However, you may download and print Site Content for non-commercial uses that are not competitive with us, provided that you keep all copyright or other proprietary notices intact, do not alter the Site Content, and do not further reproduce, publish, or distribute such Site Content. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Site Content on the Internet, or any Intranet or Extranet site, or to incorporate the Site Content in any database or other compilation. Any other use of the Site Content is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or personal information.

All registered and unregistered trademarks visible or accessible through our Services are trademarks of RQN, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of RQN or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without express, prior written permission from RQN.

Unless stated otherwise on the RQN Sites or in this Agreement, the User will retain copyright ownership and all related rights for information he or she authors and publishes through RQN. In exchange for the publishing services provided by RQN, the User agrees to grant a perpetual, irrevocable, worldwide, unlimited, non-terminable license to RQN to use all content the User publishes through RQN without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media. Users are not allowed to use the RQN’s name in commercial activity without prior written consent of RQN.

You understand that any business or marketing proposals, suggestions, ideas, endorsements, recommendations, or other such concepts or materials (“Business Submissions”) that you provide to us through our Services are not confidential, and become our sole property. RQN reserves such rights to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Business Submissions. This means we can use such ideas and materials you provide to us without compensating you, mentioning you, or keeping any such material confidential.

  1. CONTENT RESPONSIBILITY.

We reserve the right to modify and update the Site Content or Services at any time to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, indecent, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. You acknowledge and agree that RQN neither endorses all Site contents or communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby.

This Site contains links to websites maintained by third parties. Such links are provided for your convenience and reference only. RQN does not operate or control in any respect and are not responsible for any information, software, products, or services available on such websites. RQN’s inclusion of a link to a website does not imply any endorsement of the third-party and/or their services or the site, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk.

  1. CONTENT SUBMITTED TO RQN.

RQN does not claim ownership of the Content or links you place on your RQN page or through the RQN Sites. RQN may quote or reproduce your Content (if you have made it public), in whole or in part, in order to promote your RQN page and/or the RQN Services. You acknowledge that RQN does not pre-screen Content or links, but that RQN and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or links that are available via the Services. Without limiting the foregoing, RQN and its designees shall have the right to remove any Content or links that violate this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content and links, including any reliance on the accuracy, completeness, or usefulness of such Content and links.

  1. USER CONDUCT.

You understand that any and all comments, information, quotes, links, text, messages, or other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility and property of the person from which such User Content originated. This means that you, and not RQN, are entirely responsible for all User Content that you share, post, or upload via the Services.

RQN does not control the User Content posted via the Services by you or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. RQN is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or otherwise objectionable. Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant RQN the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

We have the right to:

(a). Remove or refuse to post any User Content for any or no reason at our sole discretion.

(b). Take any action with respect to any User Content that we deem necessary or appropriate at our sole discretion, including, but not limited to, if we believe that such User Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for RQN.

(c). Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

(d). Terminate or suspend your access to all or part of the Services for any violation of this Agreement.

(e). Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

YOU WAIVE AND HOLD HARMLESS RQN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RQN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY RQN OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions.

  1. USER ACCOUNT, PASSWORD, AND SECURITY.

Users have the option of creating an account with RQN or it’s third-party service providers to access certain features and content of our Sites, and receive other Services. Once you become a user and establish an account with RQN or its third-party service providers, you shall receive a password and an account. You must keep your account and password confidential, and are entirely responsible if you do not maintain the confidentiality of your password and account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time (to do so, go to the user profile menu option within your account). You may also set up a new account and close an old one at your convenience. You agree to immediately notify RQN or its third-party service providers of any unauthorized use of your account or any other breach of security known to you. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

  1. PAYMENTS.

All payments for our Sites or other transactions formed through the Services, or resulting from visits made by you, are processed and governed through third parties such as Zions Bancorporation, N.A. Additional, RQN specific plans and packages are governed by the following payment terms:

(a) Payments. When you process a transaction, you agree that you are authorizing payments and recurring payments, which will be made to RQN by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by RQN.

If any payment is returned unpaid or if any credit card or similar payment method is rejected or denied, RQN reserves the right to collect any applicable payment, return item, rejection, or insufficient funds fee. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content until such payment is made.

(b) Payment Method and Refunds. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You understand that by authorizing payment through Zions Bancorporation, N.A. and any applicable refunds will be governed by the terms and conditions of Zions Bancorporation, N.A. or similar third party vendor.

  1. TERMINATION.

RQN may, at its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice, if RQN believes that you have violated any law or the spirit of this Agreement.

  1. AFFILIATE DISCLOSURE.

RQN runs affiliate links on RQN’s Site pages. We are not responsible for the content of any  affiliate link appearing on the Sites or via the Services. Your correspondence or business dealings with, or participation in promotions of affiliates found on or through the Services, including payment and delivery of related services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such affiliate. You agree that RQN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such affiliates on the Services.

  1. LINKING TO WEBSITE AND SOCIAL MEDIA

You may link to our website or homepage, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

(a) link from your own or certain third-party websites to certain content on this website;

(b) send emails or other communications with certain content, or links to certain content, on this website;

(c) cause limited portions of content on this website and/or the other Services to be displayed or appear to be displayed on your own or certain third-party websites;

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

(i) establish a link from any website that is not owned by you;

(ii) cause the Services or the website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; and

(iii) otherwise take any action with respect to the materials on any of the Services that is inconsistent with any other provision of this Agreement.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content standards set out in this Agreement. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately We reserve the right to withdraw linking permission without notice and at our sole discretion. We may disable all or any social media features and any links at any time without notice in our sole discretion.

  1. PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:

(a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

(c) to send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content standards set out in this Agreement;

(d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.;

(e) To impersonate or attempt to impersonate RQN, a RQN employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the forgoing); and

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of  the Services, or which, as determined by us, may harm RQN or users of the Services or expose them to liability.

Additionally, you agree not to:

(i) use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real life time activities through the Services;

(ii) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;

(iii) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;

(iv) use any device, software, or routine that interferes with the proper working of the Services;

(v) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the website or any other Services;

(vii) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and

(viii) otherwise attempt to interfere with the proper working of any of the Services.

  1. DISCLAIMER ON USE LIMITATIONS.

RQN Services are not intended for all uses. Services were designed to assist, broadly, in securing legal representation and other similar scenarios. The Services are not capable of and user shall not use Services for use cases that categorically go beyond the Service’s intent including but not limited to, lifesaving, machine control, heavy machinery, pyrotechnics, and public safety scenarios.

  1. DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, RQN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RQN MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER OR MOBILE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. RQN MAKES NO WARRANTY REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. LIMITATION OF LIABILITY.

RQN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, LOST REVENUE, LOST SAVINGS, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500 USD). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. INJUNCTIVE RELIEF.

You acknowledge that a violation or attempted violation of this Agreement will cause such damage to RQN as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that RQN shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by RQN in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.

  1. INDEMNITY.

To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, including our employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior express written consent.

  1. LAWS.

This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Utah in the United States without reference to any conflict of law rules. You and RQN agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within Salt Lake Country, Utah in the United States. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

  1. ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

– IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration Notice

You agree that if there is any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms and Conditions and/or the Data Protection and Privacy Policy it will be resolved by confidential binding arbitration in Utah rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to Ray Qunney & Nebeker , P.C., 36 South State Street, Suite 1400, Salt Lake City, UT 84111. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and RQN are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or RQN may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms and Conditions as a court would.

YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be held in the State of Utah or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 USD or less, you or we may elect to have the arbitration conducted by telephone/video conference or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone/video conference by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Utah, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

CLASS ACTION WAIVER: YOU AND RQN AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

EXEMPT CLAIMS: You and RQN agree that the following two (2) types of claims are not required to be submitted to an arbitration subject to the following conditions:

(a) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision; and

(b) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.

OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision by mail to Ray Qunniey & Nebeker, P.C. to 36 South State Street, Suite 1400, Salt Lake City, UT 84111. Include your name, address, and date in the correspondence.

  1. NOTICE.

All notices to a party shall be in writing and shall be made either via email or conventional mail. RQN may distribute notices or messages through the Services to inform User of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to User.

  1. PRIVACY POLICY.

RQN’s Data Protection and Privacy Policy is incorporated by reference in this Agreement. Please refer to our Data Protection and Privacy Policy for information as to how RQN may collect, process, and use Users’ personal information as well as certain rights User’s may have regarding their personal information in relation to the Services provided.

  1. GENERAL INFORMATION.

If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. RQN failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RQN in writing. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, User and RQN agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If RQN takes any action to enforce this Agreement, RQN, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which RQN may be entitled.

To the extent that any provision of this Agreement is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. VIOLATIONS.

Please report any violations of this Agreement to administrators at moc.nqr@ressivE.

  1. RQN’S PROPRIETARY RIGHTS.

You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by RQN you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

  1. NOTICE OF INFRINGEMENT:

We respect the intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Under the U.S. Digital Millennium Copyright Act, copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this website, please see the “Contact Us” section below which will inform you how to submit a notification by email, mail or by filling out and submitting the form provided.

  1. CHILDREN INFORMATION.

RQN and its Sites and Services provide products and services for general audiences, and are intended for individuals over 13 years of age. RQN does not intentionally or knowingly collect, use, or process the personal information from children under the age of 13, and such children are not permitted to use our Site or Services. If you are under 13, do not attempt to register for or use any of our Services, including our Sites, and do not provide us any Personal Information about yourself. By purchasing our products or otherwise using our Services, you acknowledge you are over 13 years of age and are permitted to use our Services in accordance with our Privacy Policy and Terms and Conditions. If you are a parent or guardian and you are aware that your child has violated this Agreement and provided us with Personal Information, please contact us and we will take measures to remove that information from our Services.

  1. RELIANCE ON INFORMATION POSTED.

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

  1. CONTACT US.

If you have any questions about these Terms and Conditions, please contact us at the following:

 

By email:

moc.nqr@ressivE

By mail:

36 South State Street, Suite 1400

Salt Lake City, UT 84111

Attn: Eric Visser

 

UPDATED: July 20, 2026