Terms of Use

Terms of Use

Acceptance of these Terms of Use

These terms of use (“Terms of Use”) are entered into by and between you and IQHQ, LP, IQHQ Holdings, LP and IQHQ, Inc. (collectively, and with their affiliates and subsidiaries, “IQHQ”) and govern your access to and use of the websites, including iqhqreit.com, and any content, functionality and services offered on or through those websites, that link to these Terms of Use (collectively, the “Sites”).

Please read these Terms of Use carefully before you use the Sites. By using the Sites or by clicking to accept or agree to these Terms of Use when this option is made available to you, you agree to these Terms of Use. If you do not agree to these Terms of Use, you shall not access or use the Sites.

Changes to these Terms of Use

IQHQ may change these Terms of Use on one or more occasions in its sole discretion. All such changes are effective immediately when IQHQ posts them, and your continued use of the Sites after any such changes constitutes your consent and agreement to those changes. If you do not agree to any such changes, you shall stop using the Sites.

Changes to the Sites

IQHQ may make changes to the Sites, including adding or removing functionality or features, on one or more occasions, with or without notice to you. If you do not agree to any such changes, you shall stop accessing and using the Sites.

Intellectual Property Rights

Using the Sites does not give you ownership of any intellectual property rights to the content you access. You shall not use content from the Sites unless you obtain permission from IQHQ or the owner of that content, or unless that use is otherwise permitted by law.

Content You Post

IQHQ may provide opportunities for you to post on the Sites messages, text, sounds (including music), images (including video and photos), graphics (including illustrations, drawings, and logos), and other materials (collectively, “Content”).

You do not transfer ownership of your Content to IQHQ simply by posting it. However, by posting Content, you hereby grant IQHQ an irrevocable, perpetual, nonexclusive, paid-up, and worldwide license to modify and create derivative works of your Content and copy, distribute, display, perform, and otherwise use those modifications, derivative works, and Content, by means of any media or delivery technology now known or hereafter devised (including in connection with operating and promoting the Sites), with the right to sublicense and assign to others any of the foregoing. You represent that you own or control all rights in and to the Content and have the right to grant the license granted above to IQHQ.

In addition to any other remedies available to IQHQ, you shall indemnify IQHQ against all reasonably foreseeable losses and liabilities arising out of any Content you post to the Sites.

IQHQ may use and disclose your feedback and other suggestions about the Sites for any purpose without an obligation or liability of any kind, including any obligation to compensate you for them (just as you have no obligation to offer them), even if you have designated that feedback or suggestions as confidential.

Content Posted by Others

IQHQ neither endorses nor assumes liability for Content posted on the Sites by other users.

Your Use of the Sites

You shall not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any of their features (including any technological measures IQHQ employs to enforce these Terms of Use).

If IQHQ determines that you have acted inappropriately, IQHQ may take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.

When you visit the Sites or send e-mails to IQHQ, you are communicating with IQHQ electronically. You consent to receive communications from IQHQ electronically. IQHQ will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that IQHQ provides to you electronically satisfy any legal requirement that such communications be in writing.

Notice and Procedure for Making Claims of Copyright Infringement:

If you believe your copyright has been infringed by any content (including Content) contained in the Sites, you should notify IQHQ’s designated agent in accordance with the following notification process:

Summary of the Process

The notification process outlined here is consistent with the process suggested by the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, copyright.gov). Here is a summary of the process:

1. If you believe that content on a Site infringes your copyright, you may send IQHQ a written notice as described below. IQHQ will attempt to remove or disable the allegedly infringing content.

2. IQHQ will attempt to notify the user who posted the allegedly infringement content. That user then has the right to request that the content be re-enabled. If that user properly makes such a request, IQHQ will re-enable the content unless and until the two parties jointly ask IQHQ to remove it or a court orders IQHQ to remove it.

Preliminary Matters

Only copyright owners can report a suspected infringement to IQHQ. If you are not the copyright owner (or the authorized representative of the owner) you cannot report a suspected infringement to IQHQ. If you believe that any content on a Site infringes another party’s copyright, you should advise the copyright owner directly. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on a Site is copyright infringing. When in doubt, you should consult an attorney. In any event, if you believe your copyrights are being infringed, IQHQ suggests you contact the user directly.

Putting Your Notice Together

IQHQ needs your help finding the infringing content and IQHQ needs to be sure that it is doing the proper thing by removing the content. IQHQ therefore requires that your notice contains the following details:

1. Your name, mailing address, telephone number, and email address.
2. Sufficient detail about your copyrighted work.
3. The URL or other specific location on our Sites that contains the content that you claim infringes your copyright.
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (i.e., “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”).
5. A statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf (i.e., “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”).
6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Where to Send Your Notice

Your notice can be sent to IQHQ’s copyright agent at:

IQHQ, LP
201 Washington St.
Suite 3920
Boston, Massachusetts 02108
legal@iqhqreit.com
Attention: Legal Department, DMCA Complaint

How Will IQHQ Respond?

After IQHQ receives a proper written notice, IQHQ will expeditiously remove or disable the allegedly infringing content, regardless of the nature of the copyright (a post, a webpage, or an application, for example). IQHQ will document those alleged infringements on which IQHQ acts. Also, IQHQ will notify the user and, if requested, provide the report to the user. Please note that in addition to being forwarded to the user who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be sent to a third-party that may publish and/or annotate it. In appropriate circumstances, IQHQ will also exclude from the Sites infringers who IQHQ suspects to be repeatedly or blatantly infringing copyrights.

Restoration of the Removed Content

If a user of the Sites believes that their content was removed or disabled by mistake or misidentification, the user may send IQHQ a written counter-notification that includes the following:

1. The user’s name, mailing address, telephone number, and email address.
2. Identification of the content that has been removed or disabled and the URL or other specific location on our Sites at which the content appeared before it was removed or disabled.
3. A statement that: (1) the user consents to the jurisdiction of the Federal District Court in which the user’s address is located, or Solana Beach, California if the user’s address is outside the United States, and (2) the user will accept service of process from the person who provided notification of infringement or an agent of such person. (for example, “I consent to the jurisdiction of the Federal District Court with jurisdiction in [person’s city and state of residence or Solana Beach, California”], and I will accept service of process from the person who provided notification of infringement or an agent of such person.”).
4. A statement under penalty of perjury that the user has a good faith belief that the content in question was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled (i.e., “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled, or that the content identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”)
5. The user’s physical or electronic signature.

The End Result

IQHQ may restore the removed or disabled content after ten business days after the date that IQHQ received a proper written counter notification, unless IQHQ’s copyright agent identified above first receives notice that a court action has been filed to restrain the user from engaging in infringing activity related to the removed or disabled content.

Social Networks

The Sites may include features that operate in conjunction with certain third party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms of Use, your access and use of third party social networking sites, including the services provided through those third party social networking sites, is governed by the terms of service and other agreements imposed by those third party social networking sites. You are responsible for ensuring that your use of those third party social networking sites complies with any applicable terms of service and other agreements.

Non-IQHQ Sites and Information

The Sites may contain links to non-IQHQ sites on the internet, or otherwise include references to information, software, materials, and/or services provided by third parties. These non-IQHQ sites might contain content that some people find inappropriate or offensive. These non-IQHQ sites and third parties are not under IQHQ’s control, and IQHQ is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any such sites, nor will IQHQ be liable for losses or liabilities arising from the conduct of such third parties or your use of their products and services. The inclusion of any such link or reference is provided merely as a convenience and does not imply IQHQ’s endorsement of, or association with, the non-IQHQ site or third parties, or an express or implied warranty of any kind. You use any such links and the content accessed thereby at your own risk.

Disclaimer of Warranties

Your use of the Sites is done at your own risk and you are solely liable for damage to your computing system or device or loss of data that results from any such activities. IQHQ provides the Sites on an “as is” and “as available” basis and IQHQ specifically disclaims all warranties, express or implied, including the implied warranties of merchantability, noninfringement, and fitness for a particular purpose. Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations might not apply to you.

Limit of Liability

Except as otherwise required by law without the possibility of contractual waiver, IQHQ is not liable for special, incidental, or consequential damages (including lost profits or savings), even if IQHQ is informed of their possibility.

Governing Law, Jurisdiction, and Actions

The laws of the State of California, without giving effect to any principles that provide for the application of the law of any other jurisdiction, govern all adversarial proceedings arising out of these Terms of Use or the subject matter of these Terms of Use. If either party brings against the other party any proceeding arising out of these Terms of Use, that party may bring that proceeding only in any state of federal court sitting in San Diego County, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding. Each party hereby waives any claim that any proceeding brought in accordance with this paragraph has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Waiver and Severability

No waiver of satisfaction of a condition or noncompliance with an obligation under these Terms of Use will be effective unless it is in writing and signed by IQHQ, and no such waiver will constitute a waiver of satisfaction of any other condition or noncompliance with any other obligation.

If any provision of these Terms of Use is held to be unenforceable, then that provision is to be construed by modifying it to the minimum extent necessary to make it enforceable, unless such modification is not permitted by law, in which case that provision is to be disregarded. If an unenforceable provision is modified or disregarded in accordance with this section, the rest of these Terms of Use is to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.

Entire Agreement

These Terms of Use constitute the entire understanding between you and IQHQ with respect to the subject matter of these Terms of Use and supersedes all other agreements, whether written or oral, between the parties with respect thereto.

The Sites are operated by IQHQ, LP, 201 Washington St., Suite 3920, Boston, Massachusetts 02108.

These Terms of Use were last updated on March 17, 2025.