Terms and Conditions

2.1 The Website and Services are intended primarily for individuals who are 18 years of age or older.

2.2 Individuals under the age of 18 may use the Website or Services only with the consent and supervision of a parent or legal guardian, unless otherwise permitted by applicable law or through an authorized employer, school, or training organization.

2.3 Any purchase made by or on behalf of a person under the age of 18 must be authorized by a parent, legal guardian, or other adult legally permitted to make the purchase.

2.4 By creating an Account, purchasing a Course, or using Paid Content, you represent that you are legally capable of entering into a binding agreement or that you have obtained any required consent from a parent or legal guardian.

3.1 These Terms also apply when Courses, Services, or Digital Products are purchased or accessed on behalf of a business, employer, contractor, educational institution, government entity, or other organization.

3.2 If you make a purchase or create an Account on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3.3 The organization purchasing or providing access to the Services is responsible for ensuring that its authorized Users comply with these Terms.

3.4 Business Customers remain responsible for all fees, purchases, enrollments, and other charges authorized through their accounts or by their designated representatives.

3.5 Any separate written agreement entered into between IQ LIFTING and a Business Customer will control to the extent it conflicts with these Terms.

Assessment questions, practice examinations, answer keys, calculation solutions, feedback materials, and examination-related Content are confidential educational materials and may be subject to additional restrictions.

Users may not reproduce, retain for redistribution, publish, share, sell, photograph, record, or disclose examination Content to others except as expressly authorized by IQ LIFTING.

4.6 Trademarks and Branding
The name IQ LIFTING, associated logos, branding, course names, graphics, and other source identifiers used by IQ LIFTING may constitute trademarks, service marks, trade names, or other protected branding.

Nothing in these Terms grants you permission to use IQ LIFTING branding in connection with another business, product, course, website, advertisement, certification program, or commercial activity without prior written permission.

4.7 Third-Party Materials
Certain Content may include or reference materials owned by third parties. Ownership of those materials remains with the applicable rights holder, and use of such materials may be subject to separate terms, licenses, or restrictions.

The inclusion of third-party names, trademarks, standards, regulations, publications, or reference materials does not imply sponsorship, affiliation, approval, or endorsement unless expressly stated.

4.8 Reservation of Rights
All rights not expressly granted to Users under these Terms are reserved by IQ LIFTING and the applicable rights holders.

4.9 Enforcement
Unauthorized copying, distribution, disclosure, or commercial use of IQ LIFTING Content may result in suspension or termination of access to the Services and may subject the responsible person or organization to legal remedies available under applicable law.

5.1 The Website and Services may contain, reference, display, link to, or incorporate names, trademarks, logos, publications, standards, regulations, images, documents, technical information, or other materials owned by third parties.

5.2 All intellectual-property rights in third-party materials remain the property of their respective owners. Nothing in these Terms transfers ownership of third-party intellectual property to IQ LIFTING or to any User.

5.3 The inclusion or reference to a third-party company, manufacturer, certification organization, standard, publication, product, service, trademark, or other material does not imply sponsorship, affiliation, authorization, certification, approval, or endorsement of IQ LIFTING unless expressly stated.

5.4 Users may not reproduce, copy, download, distribute, modify, publish, transmit, sell, license, or otherwise reuse third-party materials obtained through the Website or Services except where:

• such use is expressly permitted by the applicable rights holder;
• IQ LIFTING has been authorized to provide such use;
• the material is lawfully available for that purpose; or
• the use is otherwise permitted by applicable law.

5.5 Where third-party materials are made available under separate license terms, copyright notices, terms of use, or other restrictions, Users are responsible for complying with those requirements.

5.6 References to governmental regulations, industry standards, manufacturers, certification organizations, equipment models, or other third-party sources may be provided for educational, informational, or reference purposes only.

5.7 Third-party trademarks and trade names are used solely to identify their respective owners, products, services, publications, or standards and remain the property of those respective owners.

6.1 Nothing in these Terms is intended to limit any use of copyrighted material that is permitted under applicable law, including fair use or other legally recognized exceptions or limitations to copyright protection.

6.2 Whether a particular use qualifies as fair use or another legal exception depends on the specific circumstances and applicable law. IQ LIFTING does not grant permission for a use merely because a User believes that use constitutes fair use.

6.3 Except where expressly permitted by applicable law or authorized in writing by IQ LIFTING or the applicable rights holder, Users may not reproduce, distribute, publish, modify, display, transmit, sell, license, or otherwise reuse protected Content.

6.4 Any legally permitted use of IQ LIFTING Content must not falsely imply sponsorship, affiliation, endorsement, certification, or approval by IQ LIFTING.

6.5 Nothing in this section authorizes the copying, sharing, publication, or redistribution of assessment questions, answer keys, proprietary load charts, course materials, manuals, or other confidential or restricted Content beyond what is permitted by applicable law.

7.1 The Website and Services may contain links to third-party websites, applications, platforms, documents, or other online resources that are not owned or controlled by IQ LIFTING.

7.2 Unless expressly stated otherwise, IQ LIFTING does not control and is not responsible for the content, availability, security, accuracy, privacy practices, terms, products, services, or other activities of third-party websites or services.

7.3 A link to a third-party website or service is provided for convenience, reference, or educational purposes only and does not imply sponsorship, affiliation, endorsement, approval, or recommendation by IQ LIFTING.

7.4 Your use of any third-party website or service is subject to that third party’s own terms, privacy policies, and other applicable conditions.

7.5 IQ LIFTING is not responsible for any loss, damage, cost, claim, or other consequence arising from your access to or use of third-party websites or services, to the extent permitted by applicable law.

9.1 If IQ LIFTING provides communication or interactive features through the Website or Services, including messaging, comments, discussion areas, live chat, support forms, reviews, or similar tools, Users must use those features responsibly and lawfully.

9.2 You may not use any communication feature to:

• submit or transmit unlawful, fraudulent, threatening, abusive, harassing, defamatory, discriminatory, obscene, or otherwise inappropriate content;
• promote, encourage, or threaten violence or unlawful activity;
• impersonate another person, organization, IQ LIFTING employee, instructor, representative, or other User;
• misrepresent your identity, qualifications, employment, certification status, or affiliation;
• send spam, unsolicited advertising, bulk communications, phishing messages, malware, or other harmful or disruptive content;
• interfere with another User’s ability to access or use the Services;
• collect, publish, or disclose another person’s Personal Information without appropriate authorization;
• submit material that infringes intellectual-property, privacy, publicity, confidentiality, or other rights of another person or organization; or
• use the communication features for any purpose that violates these Terms or applicable law.

9.3 Users are responsible for the content they submit through the Website or Services and represent that they have the necessary rights and authority to submit that content.

9.4 IQ LIFTING may review, moderate, remove, restrict, or disable User-submitted content or communications where reasonably necessary to enforce these Terms, protect Users, maintain the integrity of the Services, or comply with applicable law.

9.5 Violations of this section may result in removal of content, restriction of communication features, suspension of an Account, termination of access to the Services, or other action permitted under these Terms.

9.6 IQ LIFTING primarily conducts business and provides support in English. We may be unable to provide full customer support, instructional assistance, or responses in other languages unless otherwise stated.

10.1 Certain features of the Website and Services may require you to create an Account. When creating or maintaining an Account, you agree to provide information that is accurate, current, and complete.

10.2 You are responsible for maintaining the accuracy of your Account information and for updating it when necessary.

10.3 You are responsible for maintaining the confidentiality and security of your username, password, and other Account credentials. You may not share your Account credentials or permit another person to use your Account unless expressly authorized by IQ LIFTING.

10.4 Each Account is intended for use by the individual User to whom it is assigned. Course access, assessments, training records, certificates, and other Account-related benefits may not be transferred to another person without prior authorization from IQ LIFTING.

10.5 You are responsible for all activity conducted through your Account to the extent permitted by applicable law. If you believe your Account has been accessed, used, or compromised without authorization, you should notify IQ LIFTING promptly at info@iqlifting.com.

10.6 IQ LIFTING may take reasonable steps to protect an Account that appears to have been compromised, including requiring a password reset, temporarily restricting access, or suspending the Account while the matter is investigated.

10.7 Payment information submitted in connection with purchases may be processed by third-party payment processors. You represent that you are authorized to use any payment method submitted in connection with a purchase.

10.8 You may not create an Account using false information, impersonate another person or organization, create multiple Accounts for the purpose of avoiding restrictions or fees, or use an Account in violation of these Terms.

10.9 IQ LIFTING may suspend, restrict, or terminate an Account where reasonably necessary due to suspected fraud, unauthorized Account sharing, misuse of the Services, violations of these Terms, security concerns, nonpayment, or other legitimate business reasons.

11.1 You may stop using the Services or request closure of your Account at any time, subject to any outstanding payment obligations, refund restrictions, or other terms applicable to your purchases.

11.2 IQ LIFTING may suspend, restrict, or terminate an Account if we reasonably believe that a User has:

• violated these Terms;
• shared Account credentials or allowed unauthorized access;
• engaged in fraudulent, abusive, unlawful, or disruptive activity;
• attempted to copy, distribute, or misuse protected Content;
• failed to make required payments;
• compromised the security or integrity of the Website or Services; or
• otherwise used the Services in a manner that may harm IQ LIFTING, other Users, or third parties.

11.3 Where appropriate, IQ LIFTING may provide notice of suspension or termination and may explain the reason for the action. However, IQ LIFTING may act without prior notice where reasonably necessary to protect the Services, Users, intellectual property, security, or legal interests.

11.4 If an Account is terminated for violation of these Terms, the User may lose access to Courses, assessments, training materials, certificates, Digital Products, and other Services associated with the Account.

11.5 Termination or suspension of an Account does not automatically entitle the User to a refund. Refund eligibility, if any, will be determined in accordance with IQ LIFTING’s applicable Refund Policy, these Terms, and applicable law.

11.6 If IQ LIFTING discontinues a Service or terminates an Account for reasons unrelated to User misconduct, IQ LIFTING may provide an appropriate remedy where required by applicable law or where otherwise determined reasonable under the circumstances.

11.7 Provisions of these Terms that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, payment obligations, limitations of liability, disclaimers, dispute resolution, and other continuing rights or obligations.

12.1 IQ LIFTING makes reasonable efforts to ensure that descriptions of Courses, Digital Products, assessments, training materials, and other Services accurately reflect what is being offered. Minor differences in presentation, formatting, features, examples, or supporting materials may occur as Services are updated or improved.

12.2 The specific features, materials, access period, prerequisites, and other conditions applicable to a Course or Service will be those stated on the applicable product, enrollment, or checkout page at the time of purchase.

12.3 Where applicable, Users may be required to select a Course, training package, subscription, access period, or other Service option before completing a purchase.

12.4 IQ LIFTING does not guarantee that every Course, assessment, Digital Product, or other Service will remain available at all times. We may add, modify, suspend, discontinue, or limit the availability of Services when reasonably necessary.

12.5 Prices displayed on the Website are those in effect when shown and may be changed at any time for future purchases. IQ LIFTING may also introduce, modify, or discontinue discounts, promotional pricing, coupons, bundles, or special offers.

12.6 Unless otherwise stated, a price change will not affect a purchase that has already been successfully completed and accepted by IQ LIFTING.

12.7 If an obvious pricing, description, or technical error occurs, IQ LIFTING may correct the error and, where appropriate, cancel or decline an affected transaction. If payment has already been collected for a transaction that IQ LIFTING cancels because of such an error, the applicable amount will be refunded as required.

12.8 Prices may be subject to applicable sales, use, or other taxes. Any taxes required to be collected will be calculated or displayed as part of the transaction where applicable.

12.9 Promotional offers may be subject to additional eligibility requirements, expiration dates, usage limits, exclusions, or other conditions stated with the offer. Promotional pricing does not create an entitlement to the same price for future purchases.

12.10 IQ LIFTING may periodically update Course Content, assessments, manuals, examples, graphics, software, or other educational materials to improve accuracy, functionality, instructional quality, or relevance. Such updates do not necessarily constitute a different Service.

13.1 Order Acceptance
Submitting an order through the Website constitutes an offer to purchase the selected Course, Digital Product, subscription, or other Service subject to these Terms. IQ LIFTING may accept or decline an order as permitted by applicable law.

A purchase becomes binding when IQ LIFTING accepts the order, which may occur when we:

• send an order or enrollment confirmation;
• successfully process or confirm payment; or
• provide access to the purchased Course, Digital Product, or Service.

13.2 Order Confirmation
Following an accepted purchase, Users will generally receive an electronic confirmation containing information relating to the transaction, which may include:

• the Course, Digital Product, or Service purchased;
• the amount paid and any applicable taxes;
• applicable access periods or enrollment information;
• instructions for accessing the purchased Services; and
• other relevant transaction information.

Users are responsible for providing an accurate email address and Account information so that confirmations and access information can be delivered properly.

13.3 Payment
Payment is due according to the price and payment terms displayed at checkout.

Payments may be processed through third-party Payment Processors. IQ LIFTING may delay or withhold access where payment cannot be authorized, is declined, is reversed, or is otherwise not successfully completed.

13.4 Subscriptions and Recurring Payments
If IQ LIFTING offers a subscription or other automatically renewing Service, the applicable price, billing frequency, renewal terms, and cancellation requirements will be disclosed before purchase.

By purchasing a recurring Service, you authorize the applicable Payment Processor to charge the approved payment method according to the disclosed billing schedule until the subscription is cancelled or otherwise terminated in accordance with the applicable terms.

This provision applies only to Services specifically identified as recurring or subscription-based.

13.5 Access to Digital Services
Unless otherwise stated, access to online Courses and other digital Services is generally provided electronically after successful payment and enrollment.

Access may occasionally be delayed because of payment verification, Account issues, platform maintenance, technical problems, suspected fraud, or circumstances beyond IQ LIFTING's reasonable control.

13.6 Course Access Periods
Access to a Course or Service may be provided for a limited period or on another basis stated at the time of purchase.

Purchase of a Course does not necessarily provide permanent or lifetime access unless IQ LIFTING expressly states that lifetime access is included.

Once an applicable access period expires, access to the Course, assessments, training materials, and related Content may automatically end.

13.7 Service Quality and Maintenance
IQ LIFTING will make commercially reasonable efforts to provide the Services in a professional manner and to maintain the availability and functionality of the Website and learning platform.

The Services may occasionally be unavailable because of scheduled maintenance, updates, technical failures, third-party service interruptions, security concerns, or circumstances beyond IQ LIFTING's reasonable control.

13.8 Incorrect Orders or Access Problems
If you receive access to a Course, Digital Product, or Service that differs materially from what you purchased, or if you experience a problem accessing a valid purchase, contact IQ LIFTING at info@iqlifting.com.

IQ LIFTING will make reasonable efforts to investigate and correct verified order or access errors.

13.9 Changes to Course Content
IQ LIFTING may update, revise, replace, reorganize, or improve Course Content and supporting materials from time to time. Such changes may include updates to:

• instructional materials;
• manuals and reference documents;
• assessments and practice questions;
• answer explanations;
• graphics and diagrams;
• videos and multimedia;
• calculators and interactive tools; and
• course organization or presentation.

These updates may be made to improve accuracy, instructional quality, functionality, or relevance and do not necessarily constitute a failure to provide the purchased Service.

13.10 Additional Terms
Certain Courses, subscriptions, live training programs, examinations, Digital Products, or other Services may be subject to additional terms disclosed before or at the time of purchase. Where applicable, those additional terms form part of the agreement between the User and IQ LIFTING.

13.11 Customer and Technical Support
IQ LIFTING provides customer and technical support through the contact methods identified on the Website, including info@iqlifting.com

14.1 Cancellation Requests
If you need assistance with an order, enrollment, subscription, or other Service, contact IQ LIFTING at info@iqlifting.com.

Requests to cancel a purchase or Service are subject to these Terms, any applicable Refund Policy, any additional terms disclosed at the time of purchase, and applicable law.

14.2 Digital Courses and Services
Many IQ LIFTING Services consist of digital educational Content that may become available shortly after purchase. Cancellation of an Account or discontinuation of Course participation does not automatically cancel a completed purchase or create a right to a refund.

Any refund or cancellation eligibility for a Course, assessment, Digital Product, or other digital Service will be determined under the refund terms applicable to that purchase.

14.3 Downloadable Digital Products
Digital Products, including downloadable manuals, reference materials, worksheets, charts, study materials, or similar Content, may be subject to additional refund restrictions once the material has been downloaded, accessed, or otherwise delivered, except where a refund or cancellation right is required by applicable law.

14.4 Subscriptions and Recurring Services
If a User purchases a subscription or automatically renewing Service, the User may cancel future renewal in accordance with the cancellation instructions provided with that Service.

Unless otherwise stated or required by applicable law, cancellation of a subscription stops future renewal charges but does not automatically provide a refund for charges already incurred or for the remaining portion of the current billing period.

14.5 Live or Instructor-Led Training
Live, instructor-led, one-on-one, scheduled, or other time-specific training Services may be subject to separate cancellation, rescheduling, attendance, or no-show requirements disclosed at the time of booking.

Where specific cancellation terms are provided for such a Service, those terms will apply to that Service.

14.6 Promotional and Bundled Purchases
Courses or Services purchased as part of a bundle, promotional offer, discounted package, or special program may be subject to additional refund or cancellation conditions disclosed with the offer.

14.7 Refund Processing
When a refund is approved, it will generally be returned to the original payment method unless another method is required or agreed upon. Processing times may vary depending on the Payment Processor, financial institution, or payment method.

14.8 Cancellation by IQ LIFTING
IQ LIFTING may cancel an order or Service where reasonably necessary, including because of:

• payment failure or reversal;
• suspected fraud or unauthorized transactions;
• pricing or technical errors;
• violation of these Terms;
• inability to provide the purchased Service; or
• other legitimate operational, security, or legal reasons.

15.1 Your use of the Website and Services is also governed by the IQ LIFTING Privacy Policy, available at iqlifting.com/privacy, which is incorporated into these Terms by reference.

15.2 The Privacy Policy explains how IQ LIFTING collects, uses, stores, and protects Personal Information in connection with the Website and Services.

15.3 The Website may also use cookies and similar technologies as described in the IQ LIFTING Cookie Policy and any cookie-preference tools made available through the Website.

15.4 By using the Website and Services, you acknowledge that you have had the opportunity to review the Privacy Policy and Cookie Policy.

16.1 IQ LIFTING collects, uses, stores, and otherwise processes Personal Information in accordance with the IQ LIFTING Privacy Policy and applicable privacy and data-protection laws.

16.2 Personal Information may be used for purposes including:

• creating and administering User Accounts;
• processing enrollments, purchases, and payments;
• providing access to Courses, assessments, Digital Products, and other Services;
• maintaining training progress, assessment results, completion records, and certificates;
• providing customer and technical support;
• communicating with Users regarding their Accounts, purchases, Courses, or Services;
• maintaining and improving the Website, Services, and educational Content;
• preventing fraud, abuse, unauthorized access, and security incidents;
• maintaining business, accounting, tax, and transaction records;
• complying with applicable legal or regulatory requirements; and
• sending marketing communications where permitted by law and consistent with the User's communication preferences.

16.3 Users may opt out of promotional or marketing communications using the unsubscribe method provided in those communications or by contacting IQ LIFTING. Opting out of marketing communications does not prevent IQ LIFTING from sending transactional, Account-related, security, enrollment, or other necessary service communications.

16.4 IQ LIFTING may disclose Personal Information to Service Providers and other third parties where reasonably necessary to operate the Website and provide the Services, including learning-platform providers, payment processors, hosting providers, email and communications providers, analytics providers, customer-support providers, and professional advisers.

Such disclosures will be handled as described in the IQ LIFTING Privacy Policy and subject to applicable law.

16.5 IQ LIFTING may also disclose Personal Information where reasonably necessary to comply with legal obligations, respond to lawful requests, enforce these Terms, investigate suspected fraud or misuse, protect the security of the Services, or protect the rights and safety of IQ LIFTING, its Users, or others.

16.6 IQ LIFTING does not sell Personal Information in exchange for monetary compensation, as further described in the Privacy Policy.

16.7 Additional information concerning the categories of Personal Information collected, the purposes for which it is used, data retention, third-party processing, privacy choices, and User rights is provided in the IQ LIFTING Privacy Policy at iqlifting.com/privacy.

17.1 Educational and Training Purposes Only
The Website, Courses, assessments, manuals, load charts, calculations, videos, graphics, examples, and other Content provided by IQ LIFTING are intended for educational, training, and examination-preparation purposes only.

Unless expressly stated otherwise, IQ LIFTING Content is not intended to replace:

• the crane or equipment manufacturer’s operating manual;
• the manufacturer’s official load charts;
• employer policies and procedures;
• site-specific lift plans or safety requirements;
• applicable laws, regulations, or industry standards;
• the judgment of a qualified person, competent person, lift director, operator, engineer, or other appropriately qualified professional; or
• training, qualification, certification, or authorization required by an employer, regulator, certification organization, or other authority.

17.2 Training Load Charts and Fictional Equipment
Certain IQ LIFTING Courses may use fictional cranes, simulated equipment configurations, training load charts, sample calculations, or other instructional data created specifically for educational purposes.

Such materials must not be used to plan, authorize, calculate, or perform an actual lift or to determine the capacity, configuration, operating limitations, or suitability of real equipment.

For actual crane operations, Users must rely on the applicable manufacturer documentation, equipment-specific load charts, employer procedures, site requirements, and applicable laws and regulations.

17.3 No Certification or Qualification Guarantee
Completion of an IQ LIFTING Course, practice examination, assessment, or other training activity does not by itself constitute or guarantee:

• certification;
• licensure;
• employer qualification or authorization;
• operator qualification;
• designation as a competent or qualified person;
• eligibility for any particular job or assignment; or
• successful completion of any third-party certification examination.

Any certificate issued by IQ LIFTING represents only the completion or achievement specifically identified on that certificate.

17.4 Examination Preparation
Practice examinations and certification-preparation materials are designed to support learning and exam preparation. IQ LIFTING does not guarantee that any User will pass an examination, obtain certification, achieve a particular score, or encounter the same questions, calculations, equipment information, or examination format on a third-party examination.

17.5 No Third-Party Affiliation or Endorsement
Unless expressly stated otherwise, IQ LIFTING is an independent training provider and is not affiliated with, sponsored by, endorsed by, or acting on behalf of any equipment manufacturer, governmental agency, standards organization, or certification body merely because such organization, standard, regulation, trademark, or publication is referenced in the Content.

17.6 Accuracy and Updates
IQ LIFTING makes reasonable efforts to provide accurate and useful educational Content. However, technical information, regulations, industry practices, examination requirements, manufacturer information, and other subject matter may change over time.

IQ LIFTING does not warrant that all Content will be error-free, complete, current, or suitable for every situation. Users are responsible for verifying information against current authoritative sources when necessary.

17.7 User Responsibility
Users are responsible for applying appropriate professional judgment and for complying with all applicable manufacturer requirements, employer procedures, site requirements, laws, regulations, and safety standards when performing work involving cranes, rigging, lifting equipment, or related activities.

Nothing provided through the Services authorizes a User to perform work for which the User is not properly trained, qualified, certified, designated, or authorized.

17.8 Website and Technology
IQ LIFTING does not guarantee that the Website or Services will:

• operate without interruption;
• be available at all times;
• be free from technical errors, viruses, malware, or other harmful components;
• function with every browser, device, operating system, or network configuration; or
• meet every User’s individual technical or operational requirements.

IQ LIFTING will make reasonable efforts to maintain the security and functionality of the Services.

17.9 User Device and Internet Security
Users are responsible for maintaining reasonable security measures for their own devices, internet connections, passwords, Account credentials, and other systems used to access the Services.

17.10 Results and Reliance
IQ LIFTING does not guarantee any particular educational, professional, employment, certification, financial, or operational result arising from use of the Website or Services.

To the extent permitted by applicable law, Users assume responsibility for decisions and actions taken based on their use or interpretation of the Content.

18.1 Changes to the Website and Services
IQ LIFTING may update, modify, improve, replace, suspend, or discontinue portions of the Website, Services, features, Course Content, assessments, training materials, or other functionality from time to time.

Such changes may be made for educational, technical, operational, security, legal, regulatory, or business reasons.

18.2 Changes to These Terms
IQ LIFTING may revise these Terms from time to time to reflect changes in our Services, business practices, technology, legal requirements, or other legitimate operational needs.

18.3 Notice of Changes
When these Terms are updated, IQ LIFTING will post the revised version on the Website and update the applicable “Last Updated” or effective date.

Where required by applicable law, or where a change is material, IQ LIFTING may provide additional notice through the Website, by email, through the User's Account, or by another appropriate method.

18.4 Existing Purchases
Changes to these Terms will generally apply prospectively and will not materially alter the essential terms of a completed purchase unless:

• the change is required by applicable law;
• the User agrees to the change;
• the change is reasonably necessary for security, technical, or operational purposes and does not materially reduce the purchased Service; or
• the terms applicable to that Service expressly permit the change.

18.5 Continued Use
To the extent permitted by applicable law, continued use of the Website or Services after revised Terms become effective constitutes acceptance of the revised Terms.

If a User does not agree to revised Terms, the User should discontinue future use of the Services, subject to any rights or obligations associated with existing purchases.

18.6 Legally Required Changes
If a change to these Terms or the Services is required by law, regulation, court order, governmental requirement, or other binding legal obligation, IQ LIFTING may implement the required change as necessary.

19.1 The Website and Services are provided on an “as available” basis. IQ LIFTING does not guarantee that the Website, learning platform, Courses, assessments, Digital Products, or other Services will be available continuously, without interruption, or free from errors or technical issues.

19.2 Access to the Website or Services may occasionally be interrupted, limited, or unavailable because of circumstances including:

• scheduled or emergency maintenance;
• software or platform updates;
• internet or telecommunications failures;
• hosting, cloud-service, or third-party provider outages;
• power failures;
• hardware or software failures;
• cybersecurity incidents;
• natural disasters or severe weather;
• governmental, legal, or regulatory restrictions; or
• other circumstances beyond IQ LIFTING’s reasonable control.

19.3 IQ LIFTING will make commercially reasonable efforts to maintain the availability and functionality of the Website and Services but does not guarantee any particular level of uptime or uninterrupted access unless expressly stated in a separate written agreement.

19.4 Temporary interruptions or periods of unavailability do not automatically entitle a User to a refund, credit, or extension of access. However, IQ LIFTING may provide an appropriate remedy where required by applicable law or where a significant interruption materially prevents access to a purchased Service.

19.5 IQ LIFTING may temporarily suspend access to all or part of the Website or Services where reasonably necessary for maintenance, security, system integrity, legal compliance, or other legitimate operational reasons.

20.1 To the maximum extent permitted by applicable law, IQ LIFTING LLC, its owners, officers, employees, contractors, instructors, representatives, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the Website, Services, Content, or these Terms.

This includes, without limitation, loss of profits, revenue, business opportunities, data, employment opportunities, certification opportunities, or other economic losses, even if IQ LIFTING has been advised of the possibility of such damages.

20.2 The Website, Courses, assessments, manuals, training load charts, calculations, examples, videos, Digital Products, and other Content are provided for educational and training purposes subject to the disclaimers stated in these Terms.

To the maximum extent permitted by applicable law, IQ LIFTING will not be liable for losses, damages, injuries, equipment damage, property damage, operational consequences, or other claims resulting from:

• use of training materials for an actual crane or lifting operation;
• reliance on fictional, simulated, sample, or educational load-chart information for real equipment;
• failure to consult the applicable equipment manufacturer’s manuals, load charts, warnings, or operating instructions;
• failure to follow employer procedures, site-specific requirements, lift plans, applicable regulations, or recognized safety requirements;
• actions taken by a User outside the scope of the User’s training, qualification, certification, authorization, or responsibility; or
• a User’s interpretation, application, or misuse of educational Content.

20.3 IQ LIFTING does not guarantee that use of the Services will result in certification, qualification, employment, advancement, examination success, or any particular professional or educational outcome.

IQ LIFTING will not be liable for a User’s failure to pass a certification examination, obtain or maintain certification, satisfy an employer requirement, obtain employment, or achieve any particular assessment result.

20.4 To the maximum extent permitted by applicable law, IQ LIFTING’s total aggregate liability arising out of or relating to a particular Course, Digital Product, transaction, or Service will not exceed the amount actually paid by the User to IQ LIFTING for the specific Course, Digital Product, or Service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim.

If no amount was paid for the applicable Service, IQ LIFTING’s liability will be limited to the maximum extent permitted by applicable law.

20.5 The limitations in this section apply regardless of the legal theory asserted, including contract, tort, negligence, strict liability, statutory claim, or otherwise, to the extent permitted by applicable law.

20.6 Nothing in these Terms excludes, limits, or waives any liability or legal right that cannot lawfully be excluded, limited, or waived under applicable law.

20.7 Some jurisdictions do not permit certain exclusions or limitations of liability. Where such restrictions apply, the provisions of this section will apply only to the maximum extent permitted by applicable law.

21.1 If IQ LIFTING or a User fails or delays in exercising any right, remedy, power, or privilege available under these Terms, that failure or delay does not constitute a waiver of that right, remedy, power, or privilege.

21.2 A waiver of any provision of these Terms will be effective only if expressly made in writing by the party granting the waiver.

21.3 A waiver relating to one particular breach, event, or circumstance does not constitute a waiver of any later or separate breach, event, or circumstance.

23.1 Except as expressly stated in these Terms, these Terms are intended solely for the benefit of IQ LIFTING and the User and do not create or confer any enforceable rights or remedies upon any third party.

23.2 No third party, including an employer, training sponsor, equipment manufacturer, certification organization, government agency, or other organization, will have any right to enforce these Terms solely because it is referenced in, affected by, or connected with the Services.

23.3 Nothing in this section prevents IQ LIFTING from assigning or transferring its rights or obligations where permitted under these Terms or applicable law.

24.1 Users may contact IQ LIFTING regarding the Website, Services, Accounts, purchases, privacy matters, or other business-related issues by email at info@iqlifting.com or through any other contact method made available on the Website.

24.2 IQ LIFTING may communicate with Users electronically, including by email, through the User’s Account, through the learning platform, or by notices posted on the Website.

24.3 Users are responsible for maintaining a current and accurate email address and other contact information associated with their Account.

24.4 Electronic communications from IQ LIFTING may include:

• order and enrollment confirmations;
• Account and security notices;
• Course access information;
• assessment or completion information;
• changes to Services or policies;
• customer-support communications; and
• other transactional or administrative messages related to the Services.

24.5 Where permitted by law, IQ LIFTING may also send promotional or marketing communications regarding Courses, products, Services, or other offerings.

Users may opt out of promotional communications at any time by using the unsubscribe link provided in the communication or by contacting IQ LIFTING.

24.6 Opting out of marketing communications does not prevent IQ LIFTING from sending transactional, security, Account-related, enrollment-related, or other communications necessary to provide the Services.

24.7 A communication sent electronically will be considered delivered when it is transmitted to the email address or Account information provided by the User, subject to applicable law.

I would probably remove postal-mail notice requirements entirely from this section unless you specifically want customers sending formal notices to your P.O. Box.

25.1 Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to the Website, Services, Content, purchases, or the relationship between a User and IQ LIFTING LLC will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles.

25.2 Jurisdiction and Venue
To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms, the Website, or the Services shall be brought in a court of competent jurisdiction located in the State of Texas in the county in which IQ LIFTING LLC maintains its principal place of business, unless the parties agree otherwise in writing or applicable law requires a different jurisdiction or venue.

25.3 Consent to Jurisdiction
Subject to applicable law, each party consents to the personal jurisdiction of the applicable Texas state and federal courts for disputes subject to this section.

25.4 Mandatory Consumer Rights
Nothing in this section is intended to deprive a User of any mandatory consumer protection or other legal right that cannot lawfully be waived or limited based on the User’s place of residence.