TERMS OF SERVICE
Date of last revision: December 2018
Physical Activity Notice
The App may include features that promote rigorous physical activity. By using the App, you warrant and represent that you have carefully considered the risks involved and that you have consulted with your physician before engaging in any physical activity. Equappment is not responsible for, or liable in any way for, any injuries or damages you may suffer or claim that result directly or indirectly from your use of, or inability to use, the features of the App.
All intellectual property on the App is owned by Equappment or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by Equappment. All content on the App (except for Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Equappment, all rights reserved.
App Use Restrictions
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and payment information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
The App contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Equappment’ mobile services, you agree that we may communicate with you by any electronic means to your mobile Device and that certain information about your use of these services may be shared with us, including through the use of “cookies” or similar means. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
User Interaction Disclaimer
You are solely responsible for your interactions with other people, whether online or in person. Equappment is not responsible or liable for any loss or damage resulting from any interaction with other App users, persons you meet through the App, or persons who find you because of information posted on, by or through the App. You agree to take reasonable precautions in all interactions with other users on the App, and conduct any necessary investigation before meeting another person. Equappment is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Equappment is not responsible or liable for any Personal Information posted on the App or for any offensive, unlawful or objectionable content you may encounter on or through the App. The App is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Equappment disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, or merchantability for a particular purpose and non-infringement. Equappment cannot guarantee and does not promise any specific results from use of the App. Equappment does not represent or warrant that the App will be uninterrupted or error-free, that any defects will be corrected, or that this App or the server that makes the App available are free of viruses or anything else harmful. To the fullest extent permitted by law, Equappment does not make any warranties or representations regarding the use of the materials or Content in the App in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the App, loss of data or other harm of any kind that may result. Equappment reserves the right to change any and all Content and other items used or contained in the App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Equappment SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS APP OR THE CONDUCT OF OTHER APP USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT OR PARTICIPATION IN ANY ATHLETIC EVENT OR ACTIVITY, OR ANY PERSONAL INFORMATION, EVEN IF Equappment HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP. YOUR ONLY REMEDY AGAINST Equappment FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE APP. THAT SAID, IF Equappment IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT, EQUAPPMENT'S LIABILITY SHALL NOT EXCEED THE GREATER OF $100.00 (USD) OR THE ACTUAL AMOUNT OF FEES YOU PAID TO USE THE APP DURING THE THREE HUNDRED SIXTY-FIVE DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CONDUCT GIVING RISE TO SUCH CLAIM ACTUALLY OCCURRED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.