Equity Terms of use

Introduction

These terms are effective as of January 1, 2017.

Welcome to the Equity Software, LLC (“Equity”) website ("Site"). By accessing or using any features of this Site, you agree to be bound by these terms of use ("Terms of Use"). All visitors to and users ("User(s)") of any aspects of the Site are bound by these Terms of Use. Equity expressly reserves the right to modify the Terms of Use at any time and from time to time without prior notice to you, and therefore, Equity recommends that you read these Terms of Use carefully each time you use the Site. Your access to and use of the Site constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, you should not access or use the Site.

Some of the services may be subject to additional posted conditions. Your use of those services is subject to those conditions, which are incorporated into these Terms of Use by reference. In the event of a conflict between the additional conditions and these Terms of Use, the additional conditions will apply.

Use of the Site is subject to all applicable laws and regulations. Nothing contained in these Terms of Use shall limit Ai's right to comply with governmental, judicial, and law-enforcement requests or requirements relating to your use of the Site.

Privacy

Equity believes strongly in the protection of the privacy of Users. Data collection and the use of data collected from the Site is governed by our Privacy Policy which we encourage you to review.

Copyright Notice

All pages on this Site are subject to Equity copyright notices and intellectual property rights. All materials, including images, text, illustrations, graphics, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site and any compilation thereof ("Content(s)") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Ai, one of its subsidiaries or affiliates, or by third parties who have licensed their materials to Ai. The Content(s) are protected by U.S. and international copyright laws and Equity and its licensors expressly reserve all intellectual property rights in the Content(s). Access to this Site does not confer and shall not be considered as conferring upon anyone any license, assignment, or grant of any intellectual property rights except as expressly stated in these Terms of Use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content(s), the Site or any related software. All software used on this Site is the property of Equity or its software suppliers and is also protected by U.S. and international copyright laws.

Any unauthorized use of the Content(s) is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.

Content

The Site contains Content(s) that Equity creates and may also include Content(s) provided by third parties, including, if applicable, Users that register or provide comments, ratings and reviews. Equity does not accept responsibility for the accuracy, veracity or the quality of any third party content ("Generated Content"). Specifically, User Generated Content contains information that may not reflect the opinions or beliefs of Ai. While Equity believes this content to represent the beliefs of those that submit it, you are advised not to rely on third party content without independent analysis.

Eligibility

The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Site.

Trademark Notice

The Equity name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Ai. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the Content(s). Access to this Site does not authorize anyone to use any name, logo or mark in any manner whatsoever.

Accuracy of Information

While Equity uses reasonable efforts to ensure the Content(s) are accurate and up-to-date, Equity makes no warranties or representations as to the accuracy or completeness of the Content(s) or the reliability of any advice, opinions, statements, articles, recipes, or other information displayed or distributed through this Site. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS, STATEMENTS, ARTICLES, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. Equity RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. This provision may be void, inapplicable, and unenforceable under certain state laws.

Pricing; Order Acceptance; Payment; Sales Tax

While Equity strives to provide accurate product and pricing information, pricing or typographical errors may occur. Equity cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Equity shall have the right, at Ai's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Equity may, at Ai's sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. Equity may also require verification of information prior to the acceptance of any order. Please note that there may be certain orders that Equity is unable to accept and must cancel. Equity reserves the right, at Ai’s sole discretion, to refuse service to any customer or cancel any order for any reason. Equity will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. For your convenience, you will not be charged until your payment method is authorized and your order is shipped, but if your order is canceled after your credit card has been charged, Equity will issue a credit to your credit card in the amount of the charge. You are responsible for all sales taxes on your purchase.

Products, Services and Specifications

All features, content, specifications, products and services described or depicted on this Site are subject to change at any time without notice. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Disclaimer

THIS SITE IS PROVIDED BY Equity ON AN "AS IS" AND "AS AVAILABLE" BASIS. Equity MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT(S), SERVICES OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Equity DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES WHATSOEVER AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Equity OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE AND THE CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF Equity HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Equity BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS SITE AND THE CONTENT(S) OF EACH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Links to Third Party Websites

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Equity endorsement, sponsorship or recommendation of the third party, information, product or service. If you use those websites, you will leave this Site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Equity makes no warranty or representation regarding any linked website.

Linking to the Equity Site

All links to the Equity Site must be approved in writing by Ai, except that Equity consents to links in which: (i) the link is a text-only link containing only the name "Ai"; (ii) the link "points" only to www.jane.Equity and not to deeper pages; (iii) the link, when activated by a User, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and, (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with, endorsed by, or sponsored by Ai, nor be such as to damage or dilute the goodwill associated with the name and trademarks of Ai. Equity reserves the right to revoke this consent to link at any time in its sole discretion.

Revisions to Terms of Use and Website

Equity reserves the right, at its sole discretion, to change, modify, revise, add or remove any portion of these Terms of Use in whole or in part, at any time and from time to time. Changes to these Terms of Use will be effective when such changes are posted to the Site. Your continued use of this Site after any change will be considered acceptance of those changes. Equity may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and from time to time. Equity may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Equity may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Content(s) which you may have downloaded.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Site, except and to the extent expressly permitted under these Terms of Use;

  • remove any copyright, trademark or other proprietary rights notice contained in or on the Site;

  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;

  • reformat or frame any portion of any Web pages that are part of the Site;

  • create User accounts by automated means or under false or fraudulent pretenses;

  • create or transmit to other Users unsolicited electronic communications, such as "spam," or otherwise interfere with other Users' enjoyment of the Site;

  • submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by Ai;

  • transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site, any other Web site, or any computer or other device or system, or the enjoyment of the Site by any;

  • use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);

  • submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;

  • copy or store any Content(s) offered on the Site other than for your personal, non-commercial use;

  • use the Site to, intentionally or unintentionally, violate any applicable local, state, federal or international law; or,

  • collect or store personal data about other Users of the Site.

International Users

This Site is controlled, operated and administered by Equity from its offices within the United States of America. Equity makes no representation that materials at this Site is appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content(s) in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations.

Choice of Law

These Terms of Use constitute the entire agreement between Equity and you with respect to your use of this Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use shall be governed by the laws of the State of Missouri, United States of America without regard to its laws on conflicts of law, and the federal law of the United States of America. You acknowledge that the provisions of the United Nations Convention on Contracts for the International Sale of Goods are not applicable to any transaction with Ai. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in St. Louis, Missouri, United States of America.

Website Security

You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such User or logging onto a server or an account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Equity will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Equity reserves the right, without obligation, to take any of the following actions in Ai's sole discretion at any time and for any reason without giving you any prior notice:

  • Restrict, suspend, or terminate your access to all or any part of the Site;

  • Establish general rules concerning use of our Site.

You agree that Equity will not be liable to you or any third party for taking any of these actions.

Copyright Violation Notice

If you feel the content of this Site violates your copyright, please send a notice of the violation to: General Counsel, Equity Software Website, 13421 Manchester Road, Suite 103, St. Louis, MO 63131.

Your notice must include (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, (v) a statement that the complaining party has 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; and, (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Equity will act expeditiously to remove or disable access to any Content(s) that is claimed to be infringing upon the copyright of any person under the laws of the United States.