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© 2019 by Equappment, Inc.

TERMS OF SERVICE

Equappment Inc. Terms of Use & Licensed Application End User License Agreement

Date of last revision: December 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE Equappment APP.

By using this Equappment Inc. (“Equappment”) application (the “App”) on any computer, mobile phone, tablet, console or other device (a “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. Equappment may change these Terms of Use at any time without notice, effective upon its posting to the App. Your use, or as applicable, continued use of the App shall be considered your unconditional acceptance to the revised Terms of Use in the event of any and all such revisions. If you do not agree to these Terms of Use, including any revision to the Terms of Use made in the future, you are not permitted to use this App.

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.

Intellectual Property

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

You may use the Content only for your own non-commercial purposes to use the App. You agree not to change or delete any ownership notices from materials downloaded or printed from the App. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the App, including Personal Information (defined below), without Equappment’ prior written consent, unless it is your own Personal Information that you legally post on the App. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Personal Information

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.

 

Links

The App may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). Equappment does not endorse, monitor or have any control over these Third Party Platforms, each of which may have separate terms of use and privacy policies. Equappment is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

Mobile Services

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.

Indemnification

You agree to indemnify, defend, and hold harmless Equappment Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Information, your use of the App, your conduct in connection with the App or with other App users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this App.

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.

Warranty Disclaimer

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.

Miscellaneous

You agree that this App shall be deemed a passive website solely based in San Luis Obispo County, California, USA, which does not give rise to personal jurisdiction over Equappment in jurisdictions other than California. You agree that this App, Terms of Use, Privacy Policy and any dispute between you and Equappment shall be governed in all respects by California law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this App (including but not limited to the purchase of Equappment products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in San Luis Obispo County, California, USA. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Luis Obispo County, California, USA. Any cause of action or claim you may have with respect to the App (including but not limited to the purchase of Equappment services or products) must be commenced within one (1) year after the claim or cause of action arises. By using the App, you agree to receive certain electronic communications from Equappment. You agree that any notice, agreement, disclosure or other communication that Equappment sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Equappment’ failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Equappment may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination

Equappment reserves the right in its sole discretion to terminate your account, delete your profile and any of your Personal Information, and restrict your use of all or any part of the App for any or no reason, without notice, and without liability to you or anyone else. Equappment also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the App. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

https://www.Equappment.com/privacy-policy/

© 2018  Equappment Inc. (Terms of Use & Licensed Application End User License Agreement)