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Terms of Service
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Website Terms and Conditions
LAST REVISED: January 9, 2023
Terms of Service
- Users. EQ has two types of end users: 1) users of the Sites (“Site Visitors”), and 2) users who use the free version of our Services (“Beta Access Users”). Each such user is referred to in these Terms of Service as a “User” or “you.”
- Acceptance of Terms of Service.
2.2 We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Please note that the date of the last revision of these Terms is set forth above. Your continued use of the Sites following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2.3 By accepting these Terms, you represent that you have the legal power to do so. If you accept these Terms on behalf of an organization, (a) “you” and “your” will refer to that organization and any individual accessing the Services through your account will be referred to as a “User”; and (b) you understand and agree that the organization will be responsible for ensuring that each of its Users complies with these Terms. Service to Users is provided as-is, with no warranties, and EQ will not be liable for any damages related to your use of the Sites or any Services.
- Accessing and Using the Services.
3.1 To register for and access certain Services, you and each User will be required to provide certain requested information. You agree that any registration information given to EQ, including contact information, will be accurate and kept current. You agree to keep your account password confidential and not to share your password.
3.2 You are responsible for (a) access to and use of the Services by the Users on your account and each User’s compliance with these Terms; (b) the security of your access to the Sites and Services.
3.3 You will not and will ensure that each User does not:
(a) license, sublicense, sell, resell, rent, lease, transfer, distribute, provide access, or otherwise commercially exploit, or make the Services available to any third party except as expressly authorized herein;
(b) copy, modify, translate, adapt, merge, or create derivative works of the Services or Sites or disassemble, decompile, reverse engineer or otherwise extract the source code of, or reduce to human-perceivable form, any part of them unless the foregoing restrictions are expressly prohibited by applicable law;
(c) use or access the Services or Sites (i) for competitive purposes or (ii) other than in compliance with all applicable laws and regulations (including export control laws and restrictions);
(d) remove or modify any proprietary markings or restrictive legends in the Service or on the Sites;
(e) infringe or misappropriate any EQ Assets;
(f) attempt to gain unauthorized access to the Services or any portion thereof;
(g) introduce into the Sites or Services viruses, malware, Trojan horses, worms, spyware or other destructive code, or otherwise engage in any malicious act or disrupt the security, integrity or operation of the Sites or Services;
(h) access or attempt to access the Sites or Services by any means other than EQ’s publicly supported interfaces, including through any automated means (i.e. use of scripts or web crawlers);
(i) probe, scan, or test the vulnerability of any EQ system or network; or
(j) access, store, create, share, display, publish or transmit any material that is unlawful or related to illegal activity, threatening, deceptive, defamatory, discriminatory, obscene, libelous, an invasive of another’s privacy, or infringes the intellectual property rights of a third party through the Services.
- Privacy and Data Protection.
4.2 EQ will use data provided in connection with the creation or administration of entity and User accounts solely to set up and maintain such accounts, to inform entities and Users about features of the Services, to provide and maintain the Services, and as necessary to comply with applicable law, regulation, legal process or enforceable governmental requests and to detect and prevent fraud and or violations of this Agreement.
- Reliance on Information Posted. The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of their contents.
- Monitoring. You acknowledge that EQ or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through the Sites. EQ, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which EQ deems inappropriate or that violates any term or condition of these Terms of Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Sites, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of the Sites may be prosecuted to the full extent of the law. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone transmitting information through the Sites. YOU WAIVE AND HOLD HARMLESS EQ, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF SUCH MONITORING AND ANY RESULTING INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- Geographic Restrictions. EQ is based in the United States. We make no claims that the Sites are accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITES, OR ON ANY WEBSITE LINKED TO THEM. YOUR USE OF THE SITES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SITES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EQ NOR ANY PERSON ASSOCIATED WITH EQ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER EQ NOR ANYONE ASSOCIATED WITH EQ REPRESENTS OR WARRANTS THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EQ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability. IN NO EVENT WILL EQ, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES OR APPLICATIONS LINKED TO THE SITES, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Indemnification. You agree to defend, indemnify and hold harmless EQ, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Sites, including, but not limited to, any use of the Sites’ content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Sites.
- Governing Law and Jurisdiction. All matters relating to the Sites and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
- Waiver and Severability. No waiver by EQ of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EQ to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
- EQ Contact information. The Sites are operated by Equity Quotient. All notices, comments, requests for technical support and other communications relating to the Sites should be directed to [email protected].