WelcomeEquative will provide you with access to and use of the Service, including a browser access and data encryption, transmission, access and storage in accordance with the terms and conditions of this Agreement. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by all of the terms and conditions of this Agreement.
Price and PaymentYou will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Equative with valid credit card or purchase order information as a condition to registering for the Service. You must also report and pay any applicable taxes to the appropriate governmental agency. Purchase orders may be subject to credit approval by Equative.
ChargesEquative will automatically bill your credit card or issue an invoice to you as follows: (a) every month for monthly subscriptions, (b) every quarter for quarterly subscriptions, or (c) upon the commencement of the annual term and then at each subsequent anniversary of that initial term for continuous annual subscriptions. The renewal charge shall be equal to the current number of licenses times the original user fee, unless Equative otherwise notifies you in advance. You will have 30 days after the date that any renewal fee is posted to notify Equative that you wish to cancel your subscription, effective upon Equative's receipt of such notification. All invoices shall be due and payable within 30 days after the invoice date.
Non-PaymentIf timely payment is not received or cannot be charged to your credit card for any reason, Equative reserves the right to either suspend or terminate your access to the Service and account and terminate this Agreement without any liability or any further obligation to you. If Equative receives a cancellation notice from you, you will be obligated to pay balance due on your account at the time of Equative's receipt of such notice, or if later, the effective date of termination. You agree that Equative may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Non-Transferable LicenseEquative grants to you a personal, non-exclusive, non-transferable, non-sublicensable license to access the Service and to use and display the audio and visual information, documents, products and software contained in or made available through the Service (the "Content") solely for your own internal business purposes and subject to your compliance with all of the terms and conditions of this Agreement. All rights not expressly granted to you are expressly reserved by Equative.
RestrictionsYou are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Service, is expressly prohibited. You shall not copy, modify, publish, broadcast, transmit, rent, license, sell, transfer, make available or distribute the Content to, or for the benefit of, any third party. You also shall not create Internet "link" to the Service or "frame" or "mirror" any of the Content. You shall not use any Content provided by Equative or its affiliates in or in conjunction with any business or commercial enterprise, except as expressly permitted by this Agreement.
Third Party InteractionIn your use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party advertisers or sponsors of goods and/or services. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and such third-parties. You agree that Equative shall have no liability, obligation or responsibility for any loss or damage of any sort incurred as a result of any such dealings or as a result of your interaction with such advertisers or sponsors through the Service.
Links to Third Party SitesLinks to other Internet Web sites may be accessible through the use of the Service. Equative does not endorse any sites on the Internet that are linked through the Service. Equative is providing these links to you only as a matter of convenience, and in no event shall Equative be responsible for any content, advertising, products, services or other materials on or available from such sites.
User AccountsA user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with Equative. To obtain a user account, you must complete the registration process by providing Equative with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information and to promptly update such information. Should Equative suspect that such information is untrue, inaccurate, not current or incomplete, Equative has the right to suspend or terminate your account and access to the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual. User licenses can be transferred to a new user only if a previous user becomes inactive and is unable to access the Service.
User ResponsibilitiesYou are also solely responsible for any and all activities that occur under your account and for ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Equative immediately of any unauthorized use of your password or account or any other breach of security that you suspect or become aware of. You shall also use your best efforts to immediately stop any copying or distribution of Content that you suspect or become aware of. Equative shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received by you, regardless of whether the data is actually received by Equative, or any transactions entered into by you through the Service or your failure to abide by this Agreement.
Account Information and DataEquative does not own any data, information or material that you submit to the Service ("Data"), unless we specifically tell you otherwise before you submit it. Equative will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Equative may provide certain statistical information, such as usage or user traffic patterns in aggregate form, to third parties, but such information will not include information that could be used to identify specific persons or entities. Your Internet protocol address is not transmitted with messages sent from your Equative account. Equative may access your account, including your Data, to respond to service or technical problems or as stated in this Agreement. You, not Equative, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and right to the use of all Data and Equative shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to transmit or store any Data.
Use, Storage and Other LimitationsEquative reserves the right to establish or modify general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service and the maximum storage space that will be allotted on Equative's servers on your behalf. If there are any changes in any such limitations, you will be notified by email at least 30 days in advance.
User ConductYou agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Service. In addition, without limitation, you agree not to use the Service to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, tortuous, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe any intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancel bots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; (h) harass or interfere with another user's use and enjoyment of the Service or (i) engage in any high risk activities, including without limitation, use of the Service in conjunction with the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support machines, weapons systems, or any other environment requiring fail-safe performance in which the failure of such product could lead to death, personal injury, or severe physical or environmental damage.
TerminationEquative, in its sole discretion and without notice of liability to you, may terminate your password, account and use of the Service and remove and discard any of your Data within the Service if you fail to comply with any provision of this Agreement. You may terminate your account upon 30 days prior written notice to Equative. Upon your written request submitted to Equative concurrent with your termination notice, Equative will provide you with a file of your Data stored under your account. In addition, Equative may terminate a free account if you do not first log-on within 30 days after registration or 90 days since your last log-on. Upon termination of an account, your right to use such account and the Service immediately ceases and you agree to stop all use of the Service and either return to Equative or destroy all copies or portions (in any form) of all Content provided on or through use of the Service. Equative shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party. Termination of this Agreement will not relieve you of any liabilities or obligations accrued on or before the date of such termination, or limit any other remedies available to Equative arising out of any breach of this Agreement.
SECURITY OF DATA TRANSMISSION
You agree to use third party software including, but not limited to, "browser" software that supports a data security protocol compatible with the protocol used by Equative and to follow Equative's log-on procedures for the Service that support such protocols. You acknowledge that Equative is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. You acknowledge that it is possible that electronic communications transmitted through the Service may be accessed by unauthorized third parties when communicated between you and Equative using the Internet, other network communications facilities, telephone or any other electronic means.