EQUICUBE TERMS OF SERVICE
EQUICUBE GENERAL TERMS OF SERVICE. Thank you for choosing the Services offered by Equicube Technologies Inc. or its Affiliates (referred to as “Equicube”, “we”, “our”, or “us”) on this website. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who is using this website or Services accessed through or provided on this website, including any content, updates and new releases, features, applications, online communities or promotions (individually and collectively, the “Services”). Please review these Terms of Service (“Terms of Service”) thoroughly, as they set forth the terms and conditions of your use of any Equicube products or Services.
1.1 Your use of this website and the products or services provided by Equicube or its Affiliates (as defined below), is governed under these Terms of Service, along with the policies and agreements referenced below, and which are incorporated herein by reference and which you acknowledge and agree to be bound by.
1.2 An “Affiliate” means all Equicube companies and subsidiaries that directly or indirectly, control or are controlled by Equicube, or are under the common control with Equicube. As used in these Terms of Service, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.
1.3 The Services are available only to Users who can form legally binding contracts under applicable law. By using the Services, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
1.4 If you are agreeing to these Terms of Service on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Service, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your agreement to these Terms of Service, Equicube finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Service. Equicube shall not be liable for any loss or damage resulting from Equicube’s reliance on any instruction, notice, document or communication reasonably believed by Equicube to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Equicube reserves the right (but undertakes no duty) to require additional authentication from you.
- HIPAA Disclaimer.We are not “HIPAA compliant.” Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Equicube does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Equicube is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you can email us at [email protected]
- YOUR RIGHTS TO USE THE SERVICES AND RESTRICTIONS
3.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services as expressly provided below, and Equicube reserves all other rights in the Services not granted to you expressly in writing here. As long as you meet any applicable payment obligations and comply with these Terms of Service, Equicube grants to you a personal, limited, nonexclusive, nontransferable, non-sublicensable right to use the Services, subject to the provisions of the Terms of Service, only for the period of use provided in the ordering and activation terms, and only for the purposes described by Equicube on the website for the Services.
3.2 You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or these Terms of Service. For example, unless authorized by Equicube in writing, you agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other Equicube systems that are not part of these Services.
- Excessively overload the Equicube systems used to provide the Services.
If you violate any of these terms and/or these Terms of Service your right to use the Services may be terminated by Equicube in its sole discretion
- To give Equicube permission to aggregate your uploaded, non-personally identifiable account data with that of other users of the Service. By way of example, this means that Equicube may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
- Equicube may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections; if you are visiting this website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international boundaries. By visiting this website and communicating electronically with us, you consent to such storage and transfers.
5.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) uploaded, posted or stored through your use of this website and/or the Services. You grant Equicube a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You must provide all required and appropriate warnings, information and disclosure. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves perceived or actual fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Equicube is not responsible for the Content or data you submit on the website.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation, conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
- Except as otherwise permitted by Equicube in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
- Illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription
5.2 Community forums. The Services may include or may provide links to community forum(s) (blogs, social media, message boards, etc.) for you to exchange information with other users of the Services and the public. Please use respect when you interact with other users. Not all of community forums are hosted by or affiliated with Equicube. Whether hosted by Equicube or not, Equicube does not support and is not responsible for the accuracy of others’ content in any community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Equicube is not responsible.
5.3 Equicube may freely use feedback you provide. You agree that Equicube may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Equicube a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Equicube in any way.
5.4 Equicube may monitor your content from time to time. Equicube may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Equicube or its customers, or operate the Services properly. Equicube, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, illegal, or in violation of these Terms of Service.
5.5 Copyright and Trademark Notices. All components of the Services and related materials, and any Software provided by Equicube as part of the Services (as well as the organization and layout of the Services) and all intellectual property rights therein are owned or licensed by Equicube, its Affiliates or its suppliers, Reproduction, distribution, or transmission of the copyrighted materials related to the Services, which includes the Equicube (and any successor) websites or additional websites or any co-branded websites and any Software, is prohibited without the written permission of Equicube. Any rights not expressly granted herein are reserved. EQUICUBE and other Equicube trademarks, logos and product and service names are trademarks of Equiube, LLC. You agree not to display or use the Equicube Marks in any manner whatsoever without Equicube’s prior permission. From time to time Equicube may offer a limited license to Users to display Equicube award logos or other symbols of merit on User websites after Equicube, in its sole discretion, confers such distinctions to the applicable Users. However, Equicube reserves the right to withdraw such logos or symbols and delete them for any reason at any time.
- ADDITIONAL TERMS YOU AGREE TO
6.3 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Equicube as soon as possible. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. If applicable, you agree to receive and allow installation of these updates automatically as part of the Services, failure to do so may result in termination of your Services by Equicube.
User expressly agrees and acknowledges that:
- it grants to Equicube a license to cache the entirety of the User Content and User’s Web site, including content supplied by third parties, hosted by Equicube under this Agreement and
- agrees that such caching is not an infringement of any of User’s intellectual property rights or any third party’s intellectual property rights.
- DISCLAIMER OF WARRANTIES
7.1 YOUR USE OF THIS WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EQUICUBE, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. EQUICUBE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
7.2 EQUICUBE AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW OR REGULATIONS
- LIMITATION OF LIABILITY AND INDEMNITY.
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF EQUICUBE, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, EQUICUBE AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET EQUICUBE SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF EQUICUBE AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF EQUICUBE, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
8.2 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
8.3 THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
8.4 You agree to indemnify and hold Equicube and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of this website or the Services or breach of these Terms of Service (collectively referred to as “Claims”). Equicube reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Equicube in the defense of any Claims. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Service or your use of this website or the Services found at this website.
- CHANGES TO THIS AGREEMENT OR THE SERVICES.We may change these Terms of Service from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review these Terms of Service periodically on this website for changes. We have the right to change any of the terms of these Terms of Service upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Any such changes are effective when posted or as otherwise stated in the mode of notification(s), and your continued use of the Services after Equicube posts or otherwise notifies you of any changes indicates your agreement to the changes.
- TERMINATION.Equicube may immediately and without notice terminate this Agreement or suspend the Services provided to you if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 5.3). Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Equicube’s rights to any payments due to it. Equicube may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services provided to you.
- EXPORT RESTRICTIONS.You acknowledge that this website, the Services, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Services to anyone who you have reason to know may use the Services in in violation of any applicable laws or regulations, directly or indirectly. The obligations under this section shall survive any termination or expiration of these Terms of Service or your use of this website or the Services found at this website.
- GOVERNING LAW AND JURISDICTION.[Washington state law governs these Terms of Service without regard to its conflicts of laws provisions. Equicube does not represent that information on the website for the Services is appropriate or available for use in all countries. Equicube prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.
- GENERAL.These Terms of Service replace any prior agreement, understandings or communications between you and Equicube, whether verbal or written, with respect to Equicube’s provision of the services described herein. If any part of these Terms of Service is deemed invalid in any court of law having jurisdiction, that section will be removed without affecting the validity or enforceability of the remainder of these Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Equicube may assign or transfer this agreement without your consent for any reason to an Affiliate, to a successor by merger, or to another entity by acquisition or sale of Equicube’s assets or otherwise. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- BILLING PAYMENTS AND CANCELLATION
14.1 Services may be terminated by Equicube in its sole discretion.
14.2. Payment. For Services offered on a payment or subscription basis, the following terms apply, unless Equicube notifies you otherwise. These Terms of Service also incorporate by reference and include program ordering and payment terms provided to you on the website for certain Services:
- Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- You must pay with one of the following:
- A valid credit card acceptable to Equicube;
- A valid debit card acceptable to Equicube;
- By another payment option Equicube provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.