The following terms apply to your use of the Aequo website ("Site") and forms a legal agreement between you and Aequo International, LLC ("Aequo") governing your use of the Site. Your use of our Site indicates your agreement to be bound by these Terms of Use. Aequo reserves the right to change or update these Terms of Use at any time and you agree to be bound by the modified terms. We ask that you visit these Terms of Use periodically to review the current terms and information. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SITE.
These Terms of Use are effective as of August 18, 2016.
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH US, AS WELL AS DISCLAIMERS OF WARRANTIES, AND DISCLAIMERS OF LILABILITY.
Web Site Content, Trademarks and Logos
All contents of our Site are: ©Aequo. All rights reserved. Our Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, photographs, images and graphics (collectively, the "Content"), and the entire selection, coordination, arrangement and "look and feel" of the Site is copyrighted as a collective work under United States copyright laws. All Content is property of Aequo. Except as provided in these Terms of Use, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from our Site, in whole or in part, without the express permission of Aequo. You may not sell or modify the Content or use the Content in any way for public or commercial purposes. Nothing contained in these Terms of Use shall be construed as conferring any other license or right, express or implied, under any of Aequo’s intellectual property rights. The trademark and logo are the intellectual property of Aequo and may not be used in any manner that is likely to confuse our users, or in any way disparage or discredit Aequo. Any rights not expressly granted are reserved.
The Site is available worldwide to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The Content is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
Specific Prohibitions on Use
Aequo specifically prohibits use of our Site, and all users agree not to use our Site, for any of the following:
- Using any device, software or routine to interfere or attempt to interfere with the proper working of our Sites or any activity being conducted on our Sites.
- Using any robot, scraper, spider, crawler, indexing agent or other automatic or manual device or process, except for a generally available search engine.
- Using any Aequo name, service mark, or trademark without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text, or remove any copyright notice or trademark legend, attribution or other notice placed on or contained within any of the Content.
- Using any material or information, including images or photographs, which are made available through the Sites in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
- Uploading files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Creating a false identity for the purpose of misleading others, or publishing, posting, uploading, distributing or disseminating any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information.
- If you have a password, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
- Aggregating, copying or duplicating in any manner any of the Material or Content available from our Sites.
Registration
To gain access to the services offered through our Site, you must use our application. You may also be asked to provide us with a method of payment. Please review our Privacy Policy for more information on our security measures to protect your personal information provided to us.
Responsibilities of the User
You, the user of our Site, are responsible for the information that you enter into the system. Your password is also your responsibility and it is important that you keep your password confidential at all times. If you should lose or forget it, please notify us immediately. You may not use the account, user name or password of any other individual or company at any time without the express written permission and consent of the holder of the account, user name or password. Aequo will not be liable for any loss or damage arising from your failure to comply with this section.
Modifying Site; Termination of Use
We reserve the right to modify, cancel or discontinue service or access to the Site to anyone. Aequo may also impose limits on certain features, or certain services without notice or liability. You acknowledge and agree that Aequo will not be liable to you or any third party in the event that we exercise our right to modify, cancel or discontinue the Site or services.
No Warranties; Limitation of Liability
AEQUO MAKES NO REPRESENTATION OF ANY KIND REGARDING OUR SITE, CONTENT OR ANY PORTION THEREOF, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE MATERIAL AND CONTENT OF OUR SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. AEQUO MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL OR CONTENT. THE USE OF OUR SITE, THE MATERIAL AND CONTENT IS AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO OUR SITE AND MAY BE MADE AT ANY TIME. AEQUO 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, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. AEQUO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (A) REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION, SERVICES OR MATERIALS FROM THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE; (B) THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THAT THE CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE SITE WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
IN NO EVENT SHALL AEQUO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, OUR SITE, EVEN IF NASBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, AEQUO’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. AEQUO’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO OUR SITE AND THE CONTENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVEN UP TO THE GREATER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE AMOUNT OF ANY FEES PAID BY YOU TO AEQUO FOR USE OF OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
FURTHERMORE, AEQUO IS NOT CONSIDERED TO BE (1) A LICENSING JURISDICTION, REGULATOR, LICENSING AUTHORITY, CERTIFYING ORGANIZATION OR THE LIKE WITH AUTHORITY TO GOVERN, ADVISE, OR MAKE ANY OFFICIAL DECISIONS OF ANY NATURE REGARDING ANY OFFICIAL RULES CONCERNING LICENSING; (2) AN ENTITY AUTHORIZED BY ANY LICENSING JURISDICTION, LICENSING AUTHORITY, CERTIFYING ORGANIZATION OR THE LIKE TO MAINTAIN OFFICIAL RECORDS REGARDING LICENSURE OTHER THAN PROVIDED THROUGH CERTAIN NASBA SERVICES; OR (3) AN AUTHORITY PROVIDING LEGAL ADVICE ON ANY MATTER REGARDING LICENSURE, AND NASBA SHALL NOT BE RESPONSIBLE FOR ANY DECISIONS OR INDECISIONS, FOR WHATEVER REASON MADE, MADE BY ANY USER OF OUR SITE.
THE MATERIAL CONTAINED ON OUR SITE HAS BEEN PREPARED BY AEQUO AS A SERVICE TO ITS USERS AND IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE. THE COMPANY HAS USED REASONABLE EFFORTS IN COLLECTING, PREPARING, AND PROVIDING QUALITY INFORMATION, BUT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY OR CURRENCY OF THE INFORMATION CONTAINED IN OR LINKED TO OUR SITE. USERS OF INFORMATION FROM OUR SITE, INCLUDING E-MAIL MESSAGES AND LINKS, DO SO AT THEIR OWN RISK.
Limitation on Actions Brought Against Aequo
You agree that any claim or cause of action arising out of your use of our Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Aequo to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
Indemnification
You agree to indemnify and hold harmless Aequo, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of our Site or your breach of these Terms of Use. Aequo shall provide notice to you promptly of any such claim, suit or proceeding.
Copyright Infringement
In accordance with the Digital Millennium Copyright Act ("DMCA") http://lcweb.loc.gov/copyright/, Aequo has designated an agent to receive notifications of alleged copyright infringement associated with our Site. Aequo will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify Aequo through the address set forth at the end of this page. When notifying Aequo of the alleged copyright infringement, please include all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
- Identification of the copyrighted work alleged to have been infringed;
- A description of the material that is claimed to be infringing and information sufficient to locate the material on this Site;
- Information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If material is believed in good faith by Aequo to infringe a copyright or otherwise violate any intellectual property rights, Aequo will remove or disable access to any such material.
Dispute Resolution
YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF OUR SITE REQUIRES THAT SUCH CLAIM BE RESOLVED EXCLUSIVELY BY CONFIDENTIAL BINDING ARBITRATION, EXCEPT FOR CLAIMS BY AEQUO THAT YOU HAVE VIOLATED OR THREATENED TO VIOLATE AEQUO’S INTELLECTUAL PROPERTY RIGHTS. BECAUSE THE USE OF OUR SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
You agree that any such arbitration shall be conducted before three neutral arbitrators in the City of Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Use, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any Federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Nashville, Tennessee and each party hereby irrevocably and unconditionally waives any defense related to personal jurisdiction, process or venue.
Severability
To the maximum extent possible, these Terms of Use shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.
Acceptance of Terms of Use
By agreeing to these Terms of Use, you are agreeing to all terms included herein and also to any modifications made subsequently to these Terms of Use. You acknowledge (a) that you have read and understood these Terms of Use and (b) that these Terms of Use have the same force and effect as a signed agreement.
Modifications to Terms of Use
Aequo may change these Terms of Use from time to time. Please review these Terms of Use periodically for any updates or changes. Your continued use of our Site following the posting of any updates or changes to these Terms of Use constitutes your acceptance of such changes. If you object to any provision of these Terms of Use or any subsequent modifications to these Terms of Use, your exclusive recourse is to immediately terminate use of our Site.
General
Aequo may assign its rights and duties under these Terms of Use without notice to you. You may not assign these Terms of Use without the prior written consent of the Aequo. Aequo’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms of Use will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. These Terms of Use and the Privacy Policy as posted from time to time by Aequo on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms of Use and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.