TERMS AND CONDITIONS OF USE Last updated January 2025

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FQ3C™ Corporation, together with its subsidiaries and affiliates (“FQ3C”), provides you access and use of our websites, including FQ3C.com and other Internet sites, mobile applications, and social media sites operated by or for FQ3C (collectively, the “Sites”), subject to your compliance with these terms and conditions of use (the “Site Terms”). By accessing, browsing, and using the Sites, you agree to be bound by the Site Terms and all applicable law. If you do not agree to be bound by the Site Terms and applicable law each time you use the Sites or you do not have the authority to agree to or accept these Site Terms, you may not use the Sites.

Additional policies and terms apply to use of specific portions of the Sites and to the purchase of certain Merchandise or Services and are included as part of the Site Terms. Please refer and review all additional specific terms and conditions, including the terms at FQ3C.com.

The Site Terms apply exclusively to your access to, and use of, the Sites and do not alter in any way the terms or conditions of any other agreement you may have with FQ3C for products, services, or otherwise.

FQ3C has adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about FQ3C's privacy practices, please refer to the Privacy Policy section of the Sites.

FQ3C reserves the right to modify these Site Terms in our sole discretion from time to time and only FQ3C has the right to do so. If the Site Terms are changed, we will post the new terms on the Sites and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Sites following the posting will constitute your acceptance of the new Site Terms.

The Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to the Sites. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You may not use the Sites or FQ3C's services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Sites or using FQ3C's services. You are responsible for compliance with all U.S. or other export and re-export restrictions that may apply to goods, software, technology and services.

FQ3C grants you a limited license to make personal use only of the Sites. Such grant does not include, without limitation: (a) any resale or commercial use of the Sites or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Sites except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any FQ3C trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Sites and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Sites or any other user of the Sites. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of FQ3C or any third party. You may not use any meta tags or any other “hidden text” utilizing FQ3C's name, trademark, or product name without our express written consent. “Site Materials” means all materials on the Sites, including, without limitation, trademarks (as specifically defined in these Site Terms), design, product description, HTML text, graphics, other files, photographs, codes, software layout, design forms and the selection and arrangement thereof.

We may terminate this license and your use of or access to the Sites if you make or permit any unauthorized use of the Sites and publications. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

FQ3C Shop Cards, whether physical or electronic, are issued by FQ3C™ Corporation. Use of the card constitutes acceptance of the following terms:

• the card may be used only for making purchases of merchandise at any FQ3C location in the United States, Puerto Rico, and Canada, or on FQ3C.com;
• neither FQ3C™ Corporation nor its affiliates are responsible for use of the card without your permission; and
• balances cannot be applied as payments to any account or redeemed for cash, except as required by law.

For balance inquiry for a FQ3C Shop Card, visit FQ3C.com.

As used in these Site Terms, payments through either the Digital Shop Card or the FQ3C Pay fob are referred to as “Mobile Payments”. Mobile Payments are processed by third parties that will receive your payment information. To keep your financial data secure, we do not store full credit card information.
FQ3C reserves the right at any time to discontinue or suspend Mobile Payments or where they are accepted.

Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Sites, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Sites will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Sites is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Where required by law, taxes applicable to merchandise you are purchasing will be added to your order.

If you use a password to access the Sites or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Sites, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify FQ3C immediately. FQ3C reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Sites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. While FQ3C takes prudent steps to protect your account and the Sites, it cannot protect your information outside of the Sites. For example, when FQ3C communicates with you via unencrypted email from time to time, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. FQ3C may rely on the authority of anyone accessing your account or using your password and in no event will FQ3DC be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of FQ3C under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.

All Site Materials are owned by FQ3C™ Corporation, Shane Laufman, and are protected by United States and international copyright, trademark and other laws.

FQ3C, FQ3CSuccess, Doomed To Succeed, FQ3C SIGNATURE, FQ3C Implementor, FQ3C Strategist, Certified Implementor, Certified Strategist, 12 C's (and other trademarks owned by FQ3C), and their respective designs and/or logos are either trademarks or registered trademarks of FQ3C and may not be copied, imitated or used, in whole or in part, without the prior written permission of FQ3C. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of FQ3C, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FQ3C. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms (including the Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted 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 FQ3C or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Sites (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of FQ3C, is strictly prohibited.

To notify us of a suspected copyright infringement, write to us at:
FQ3C
Legal Department
203 Bridlewood Ln.
Piedmont, SC 29673
Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

• a. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• b. A description or identification of the copyrighted work you claim has been infringed.
• c. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
• d. Your address, telephone number, and e-mail address.
• e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• f. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.

Repeated violations of others' copyrights may result in a loss of privileges.

Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on the Sites is licensed to you by FQ3C on a non-exclusive and limited basis. FQ3C shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

You are granted a limited, non-exclusive right to create a hypertext link to the home page only of the Sites, provided such link does not portray FQ3C or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any FQ3C trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page, or form contained on a page without FQ3C's express written consent. All other linking is prohibited without prior consent from FQ3C. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Costco or any third party.

FQ3C makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from the Sites, or websites linking to the Sites.

If you register on the Sites, you agree that any information you provide to us will be current, accurate and complete, and you will promptly update this information if it changes.

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to FQ3C, or postings on the Sites (“Submissions”) are non-confidential (subject to our Privacy Policy) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns. The foregoing license does not apply to the Photo Content defined and described in Section 4 below.

By using the Sites, you agree not to do any of the following:

• i. Upload to, distribute, create through or otherwise publish through the Sites any Submission ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, contains nudity, or is otherwise objectionable;
• ii. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
• iii. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
• iv. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• v. Upload to, distribute or otherwise publish through the Sites any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam" (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email), or offering or disseminating fraudulent goods, services, schemes or promotions;
• vi. Upload any Content that contains any private or personal information of a third party without such third party’s consent; and
• vii. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
  

All access to and use of the Sites are governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on the Sites. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. FQ3C has the right, but not the obligation, to take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Sites and related services at any time, and block, remove or edit any communication and materials that FQ3C believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. Costco takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

You represent and warrant that you have and will retain all rights necessary to grant the licenses to FQ3C under these Terms. You remain solely liable for the Content or other information you upload or transmit to the discussion forums or interactive areas of the Sites, including the Certification and Partner Services. You agree to indemnify and hold harmless FQ3C and its parents, employees, agents and representatives from any third-party claim, action, demand, loss, or damages (including attorneys' fees) arising out of or relating to your conduct, your actual or attempted violation of these Site Terms or any applicable law, your Submissions (including Content, Assessment Usage, and Certification Services), your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Sites on your behalf or arising out of your violation of these Site Terms.