YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE MANDATORY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE.
EFFECTIVE DATE: JULY 15, 2017.
This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and Equatorius LLC (“Equatorius”) and any affiliates or subsidiaries of Equatorius. You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use Equatorius’s website located at www.equatorius.com, all affiliated websites, including mobile websites and applications, owned and operated by Equatorius or any of its afiliates or subsidiaries (collectively, the “Site”), all services, applications, and products that are accessible through the Site, and all Equatorius mobile applications that link to or reference this Agreement (collectively, “Site Services”), whether provided by Equatorius or any affiliates or subsidiaries.
Subject to the conditions set forth in this Agreement, Equatorius may, in its sole discretion, modify this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Any modifications to the Terms of Service will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”).
Your continued use of the Site or the Site Services after the Effective Date of a revised version of this Agreement or of any other Terms of Service constitutes your acceptance of and agreement to be bound by the Terms of Service as revised. In the event of a conflict between this Agreement and the other Terms of Service, this Agreement will control unless the other Terms of Service explicitly states that they control. Capitalized terms are defined throughout this Agreement, or have the meanings ascribed to them elsewhere in the Terms of Service.
1. DIGITAL SIGNATURE. By registering for an Equatorius account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act 15 U.S.C. §§ 7001 et seq. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms of Service, and any amendments.
2. CONSENT TO USE ELECTRONIC RECORDS. In connection with the Terms of Service, you may be entitled to receive certain records from Equatorius or its Affiliate or Subsidiaries, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give Equatorius permission to provide these records to you electronically instead of in paper form.
2.1 YOUR CONSENT AND YOUR RIGHT TO WITHDRAW CONSENT. By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under the Terms of Service that Equatorius would otherwise be required to provide to you in paper form. However, Equatorius reserves the right, in its sole discretion, to communicate with you via the U.S. Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Equatorius by email addressed to email@example.com or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108. If you withdraw your consent to receivesuch records and notices electronically, Equatorius will revoke your access to the Site and the Site Services, and you will no longer be permitted to use the Site or the Site Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after Equatorius has a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided to you before the withdrawal of your consent becomes effective.
2.2 KEEPING YOUR ADDRESS AND EMAIL ADDRESS CURRENT. In order to ensure that Equatorius is able to provide records and notices to you electronically, you agree to notify Equatorius immediately of any change in your email address by updating your Account information on the Site or by contacting Equatorius. In addition, so that Equatorius may communicate with you via the U.S. Postal Service and other third-party mail services, you agree to notify Equatorius of any change in your address. Changes in your email address or your address should be sent to Equatorius by email addressed to firstname.lastname@example.org or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108.
2.3 HARDWARE AND SOFTWARE YOU WILL NEED TO USE THE SITE SERVICES. To access and retain the records and notices Equatorius provides to you electronically, you will need the following: (a) a valid email address; (b) a computer system that operates on a platform like Windows or Mac OS/iOS; (c) a connection to the Internet; (d) Current Versions of the software, browsers, plug-ins, or other computer applications and programs identified on the Site; (e) a Current Version of a program that accurately reads and displays PDF files, such as the Current Version of Adobe Acrobat Reader; (f) a computer or device and an operating system capable of supporting all of the above; and (g) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher. Equatorius may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all of the records and notices Equatorius sends to you electronically. By accepting and agreeing to this Agreement and the other Terms of Service electronically, you represent that (a) you have read and understand the above consent to receive records and notices electronically, (b) you satisfy the minimum hardware and software requirements specified above, and (c) your consent will remain in effect until you withdraw your consent as specified above.
3.1 ACCOUNT ELIGIBILITY. To use the Site and certain Site Services, you must register for an Account. Equatorius offers the Site and Site Services for business purposes only, and not for personal, household, or consumer use. To use the Site and Site Services, you represent that you intend to use the Site and Site Services for business purposes only. To register for an Account, you must be, and hereby represent that you are, an individual 18 years or older who can form legally binding contracts. By registering for an Account, by using the Site or Site Services after the Effective Date if you had an account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to (a) abide by this Agreement and the other Terms of Service, (b) be financially responsible for your use of the Site and the purchase or delivery of any services provided in connection with your use of the Site, and (c) perform your obligations as specified by any agreement that you enter into with Equatorius, unless such obligations are prohibited by applicable law or the Terms of Service. Equatorius reserves the right, in its sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates the Terms of Service, or for any other reason or no reason in Equatorius’s sole discretion. You represent that you are not (a) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act, (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes, or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List, or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using the Site and Site Services.
3.2 ACCOUNT REGISTRATION AND USER PROFILE. By registering for an account, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site, and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide, and to correct, any information about your location, your business, your skills, or the services you provide or your business provides that is or becomes false or misleading. You agree not to register for more than one Account without express written permission from Equatorius. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
3.3 IDENTITY VERIFICATION. When you register for an Account and from time to time thereafter, your Account may be subject to verification, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity. You authorize Equatorius, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide Equatorius with information about yourself.
3.4 USERNAMES AND PASSWORDS. When you register for an Account, you will be asked to choose a username and a password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You authorize Equatorius to assume that any person using the Site or Site Services with your username or password either is you or is authorized to act for you. You agree to notify Equatorius immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your username or password. You further agree not to use any username or password of another User of the Site or Site Services that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account at any time.
3.5 FEEDBACK. You agree that feedback benefits the marketplace, all Users, and the efficiency of the Site, and you further agree that Equatorius may post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You agree that feedback results for you, if any, may consist of comments, ratings, indicators of User satisfaction, and other feedback left by other Users. You further agree that Equatorius may make feedback results available to other Users, including composite or compiled feedback. Equatorius may provide this feedback system as a means through which Users can share their opinions publicly and Equatorius does not and will not monitor or censor these opinions. You agree not to use the feedback to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User. Equatorius does not investigate any feedback posted by Users for accuracy or reliability. You may be held legally responsible for damages suffered by other Users or third parties as a result of your feedback if it is legally actionable or defamatory. Equatorius is not legally responsible for any feedback, or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Equatorius reserves the right (but is under no obligation) to remove posted feedback that, in Equatorius’s sole judgment, violates the Terms of Service or negatively affects Equatorius, the Site, or the Site Services. You agree that you will notify Equatorius of any error or inaccurate statement in your feedback results, and that if you do not do so, Equatorius may rely on the accuracy of such information. Any such notice should be sent to Equatorius by email addressed to email@example.com or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108.
4. PURPOSE OF THE SITE AND SITE SERVICES. The Site is a marketplace where Advisors, Expertravelers, and Entrepreneurs can request and receive introductions for the purpose of providing or receiving advisory services in connection with, during, or after one or more, online or in person advisory sessions or meetings (each, an “Advisory Session”), and can request or provide comments, information, or advice regarding business needs, questions, or issues (each, a “Forum Contribution”), all at no cost to the Advisor, Expertraveler, or Entrepreneur (other than the applicable Fee payable to Equatorius). Equatorius provides the Site Services to Users, and hosts and maintains the Site, subject to the Terms of Service. You agree that by providing or receiving advisory services in connection with, during, or after an Advisory Session, and by requesting or providing a Forum Contribution to or from any User, you will not request from or provide payment to that User or any other User, person, or entity (other than the applicable Fee payable to Equatorius). You agree that by providing or receiving advisory services in connection with, during, or after an Advisory Session, and by requesting or providing a Forum Contribution to or from any User, you are not creating a contract, or an employment, independent contractor, or other relationship of any nature or kind, between Equatorius and you, between Equatorius and any other User, or between Equatorius and any person or entity. You further agree that providing or receiving advisory services in connection with, during, or after an Advisory Session, and by requesting or providing a Forum Contribution to or from any User, you are not creating a contract, or an employment, independent contractor, or other relationship of any nature or kind, between you and any other User, or between you and any person or entity.
5. PAYMENT TERMS.
5.1 MEMBERSHIP AND OTHER FEES. Users may subscribe to different levels of participation and privileges on the Site, by payment of the applicable membership fee or other fee (each, a “Fee”) as described on the Site, as may be revised from time to time upon such notice as may be appropriate.
5.2 NON-PAYMENT. If you fail to pay any Fee or any other amount due under the Terms of Service, whether by canceling your credit or debit card, initiating an improper chargeback, or by any other means, Equatorius may suspend or close your Account and revoke your access to the Site and Site Services. Without limiting other available remedies, you agree to pay Equatorius upon demand for amounts owed under the Terms of Service, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest rate allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, Equatorius may, at its discretion, make appropriate reports to credit reporting agencies and law enforcement authorities, and may cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
5.3 PAYMENT METHODS. In order to create an Account and use certain Site Services, Users must provide account information for a valid Payment Method. “Payment Method” means a valid credit or debit card issued by a bank or provider acceptable to Equatorius, or such other method of payment as Equatorius may accept from time to time in its sole discretion. By providing Payment Method information through the Site, you represent, warrant, and covenant that (a) you are legally authorized to provide such information, (b) you are legally authorized to make payments using the Payment Method, and (c) such action does not violate the terms and conditions applicable to your use of such Payment Method or applicable law. When you authorize a payment using a Payment Method, you represent, warrant, and covenant that there are sufficient funds or there is sufficient credit available to complete the payment using the designated Payment Method. If any amounts owed under this Agreement or the Terms of Service cannot be collected from your Payment Method, you are responsible for paying such amounts by other means. You authorize Equatorius to run credit and debit card authorizations on all card information provided to Equatorius, to store credit card and banking or other financial details relating to your Payment Method, and to charge your credit or debit card (or any other Payment Method) for any applicable Fee.
5.4 U.S. DOLLARS AND FOREIGN CURRENCY CONVERSION. The Site and the Site Services operate in U.S. dollars. If your Payment Method is denominated in a currency other than U.S. dollars and requires conversion to make payment in U.S. dollars, your Payment Method provider will convert the payment at a foreign currency conversion rate that it selects. Your Payment Method provider may also charge fees directly to the Payment Method used to fund a payment made in U.S. dollars whether or not a currency conversion is involved. Equatorius is not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than U.S. dollars.
5.5 LIMITED PAYMENT PROTECTION. In the rare event that an Expertraveler, or an Entrepreneur fails to attend an in-person Advisory Session with you that was arranged in advance directly by Equatorius, Equatorius will provide limited payment protection to you as a membership benefit to foster fairness, reward loyalty, and encourage you to continue to use the Site and Site Services. Such limited payment protection will be in the form of (a) a full or partial refund of any Fees you paid to Equatorius in connection with such Advisory Session, (b) a credit in the amount of some or all of any Fees you paid to Equatorius in connection with such Advisory Session, to be applied toward the Fees payable in connection with another Advisory Session arranged in advance directly by Equatorius, or (c) such other form as Equatorius may determine in its sole discretion. Limited payment protection does not apply to, and will not be provided to, any User who requests such limited payment protection after or as a result of any violation of this Agreement or other Terms of Service, or to any User who is suspected, in Equatorius’s sole discretion, of engaging in fraudulent activity in order to receive such limited payment protection.
6. NON-CIRCUMVENTION. A substantial portion of the compensation Equatorius receives for making the Site and Site Services available to Users is collected through the Fees. You agree that you will not, during the period of time in which your Account is active and during the 12-month period after your Account is no longer active, contact or attempt to contact any User directly (that is, through any means other than through the Site or Site Services) in order to request, offer, arrange, or participate in an Advisory Session that is the first Advisory Session between you and that User. If another User contacts you directly in order to request, offer, arrange, or participate in an Advisory Session that is the first Advisory Session between you and that User, you agree to comply with the foregoing restriction and to contact Equatorius immediately by email addressed to firstname.lastname@example.org or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108.
7. RELATIONSHIP WITH EQUATORIUS. Equatorius is not a party to any dealings between an Advisor or an Expertraveler and an Entrepreneur, including but not limited to those occurring through the Site, the Site Services, any Advisory Session, any Forum Contribution, feedback, posting, messaging, or otherwise. Equatorius merely makes the Site Services available to Users to enable them to request and receive introductions for the purpose of providing or receiving advisory services in connection with, during, or after one or more Advisory Sessions, and to request or provide comments, information, or advice regarding business needs, questions, or issues in connection with a Forum Contribution. The Terms of Service and any Account registration will not be construed as creating or implying any relationship of agency, franchise, partnership, employment, or joint venture between any User and Equatorius. With the limited exception of the Advisor Toolkit that may be provided in connection with a particular in-person Advisory Session arranged in advance directly by Equatorius, Equatorius will not provide Users with any direction, guidance, information, training, or materials needed for an Advisory Session or a Forum Contribution. USERS WHO PARTICIPATE IN ADVISORY SESSIONS OR MAKE FORUM CONTRIBUTIONS ARE NOT EMPLOYEES, AGENTS, FRANCHISEES, PARTNERS, INDEPENDENT CONTRACTORS, OR JOINT VENTURERS OF EQUATORIUS. EQUATORIUS WILL NOT PROVIDE THE LOCATION OR PREMISES AT WHICH ANY IN-PERSON ADVISORY SESSION, INCLUDING BUT NOT LIMITED TO ANY IN-PERSON ADVISORY SESSION ARRANGED IN ADVANCE DIRECTLY BY EQUATORIUS, WILL BE HELD. EQUATORIUS MAKES NO REPRESENTATIONS ABOUT, AND DOES NOT GUARANTEE THE SUITABILITY OR SAFETY OF, THE LOCATION OR PREMISES AT WHICH ANY IN-PERSON ADVISORY SESSION, INCLUDING BUT NOT LIMITED TO ANY IN-PERSON ADVISORY SESSION ARRANGED IN ADVANCE DIRECTLY BY EQUATORIUS, WILL BE HELD. USERS PARTICIPATING IN AN IN-PERSON ADVISORY SESSION MUST TAKE STEPS TO ENSURE THEIR SAFETY AND TO SAFEGUARD THEIR PERSONAL BELONGINGS. EQUATORIUS STRONGLY RECOMMENDS THAT ALL IN-PERSON ADVISORY SESSIONS BE HELD IN PLACES THAT ARE GENERALLY OPEN AND AVAILABLE TO THE PUBLIC, SUCH AS RESTAURANTS, COFFEE SHOPS, HOTEL LOBBIES, AND THE LIKE; USERS ARE URGED NOT TO HOLD IN-PERSON ADVISORY SESSIONS AT AN OFFICE, A PRIVATE RESIDENCE, A HOTEL ROOM, OR ANY OTHER LOCATION THAT IS NOT GENERALLY OPEN AND AVAILABLE TO THE PUBLIC. EQUATORIUS WILL NOT PROVIDE, MAKES NO REPRESENTATIONS ABOUT, AND DOES NOT GUARANTEE THE SUITABILITY OR SAFETY OF ANY TRANSPORTATION TO OR FROM THE LOCATION OR PREMISES AT WHICH ANY IN-PERSON ADVISORY SESSION, INCLUDING BUT NOT LIMITED TO ANY IN-PERSON ADVISORY SESSION ARRANGED IN ADVANCE DIRECTLY BY EQUATORIUS, WILL BE HELD. EQUATORIUS DISCLAIMS ANY AND ALL LIABILITY RELATING TO THE FOREGOING. Equatorius is not required to and may not verify any information provided to it by Users, nor does Equatorius perform background checks on any Users, including but not limited to Expertravelers or Entrepreneurs who participate in in-person Advisory Sessions. You agree that Equatorius may provide information on the Site about a User, such as feedback, composite feedback, geographical location, or verification of identity or credentials. However, such information is based solely on data that Users voluntarily submit to Equatorius, and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Equatorius. Equatorius provides such information solely for the convenience of Expertravelers and Entrepreneurs. By registering an Account and using the Site Services, you agree that (a) the Site and Site Services are merely a venue where Users may act as Advisors, Expertravelers, or Entrepreneurs, (b) Equatorius is not a party to any Advisory Session or Forum Contribution, (c) Advisors, are not employees of Equatorius, and Equatorius does not, in any way, supervise, direct, or control Advisors, Expertravelers, Entrepreneurs, Advisory Sessions, or Forum Contributions, (d) Equatorius will not have any liability or obligations arising out of or relating in any way to Advisory Sessions or Forum Contributions, (e) Equatorius makes no representations about, and does not guarantee the quality, accuracy, suitability, applicability, or legality of, any services, advice, or information provided during or in connection with an Advisory Session or a Forum Contribution, and (f) Equatorius makes no representations about, and does not guarantee, the truth or accuracy of any User’s identity, background, eduction,experience, training, or qualifications, or that a User can or will actually participate in an Advisory Session or a Forum Contribution.
8. COMMUNICATIONS FROM YOU TO EQUATORIUS. All notices to Equatorius or any affiliates or subsidiaries of Equatorius intended to have a legal effect must be in writing and sent to Equatorius by email addressed to email@example.com or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108. All such notices are deemed effective upon receipt by Equatorius. Equatorius does not accept service of any legal process by email or mail; all such service should be effectuated by hand delivery upon the persons required by applicable law or upon Equatorius’s registered agent for service of process.
9. LICENSES AND THIRD-PARTY CONTENT.
9.1 SITE LICENSE AND INTELLECTUAL PROPERTY RIGHTS. Subject to and conditioned on compliance with the Terms of Service, Equatorius grants you a limited license to access and, if you have created an Account, to use the Site for the purpose of using the Site Services. You must not access or attempt to access the Site or Site Services by any means other than the interface provided, and you will not use information from the Site or Site Services for any purposes other than the purposes for which it was made available. You agree not to use the Site or Site Services for offering any services other than as permitted by this Agreement. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Site or Site Services in any way for any public or commercial purpose without Equatorius’s prior written consent. You must not use any content of the Site or Site Services on any other website or in a networked computer environment for any purpose except your own viewing without Equatorius’s prior written consent. You must not frame or link to the Site or Site Services except as permitted in writing by Equatorius. You must not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law. You will not access Site Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Site Services. Equatorius and its licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction. The Equatorius logos and names are trademarks of Equatorius and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in the Terms of Service confers any license under any of Equatorius’s or any third party’s Intellectual Property Rights, whether by estoppel, implication, or otherwise.
9.3 UNAUTHORIZED ACCESS AND USE; SITE INTERFERENCE, MALICIOUS SOFTWARE. The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without Equatorius’s express written permission. You will not access the audiovisual content available on the Site for any purpose or in any manner other than streaming. You agree that you will not (a) take any action that imposes or that Equatorius believes in its sole discretion may impose an unreasonable or disproportionately large load on the Site’s infrastructure, (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site, without the prior express written permission of Equatorius and the appropriate third party, as applicable, (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site, (d) bypass any measures Equatorius may use to prevent or restrict access to the Site or any subparts of the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein, (e) transmit spam, chain letters, or other unsolicited communications, (f) attempt to interfere with or compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, (g) collect or harvest any personally identifiable information, including Account names, from the Site, (h) access any content on the Site through any technology or means other than those provided or authorized by the Site, or (i) directly or indirectly, advertise or promote another website, product, or service, or solicit other Users for other websites, products, or services. Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site or the Site software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any other software, firmware, hardware, computer system, or network of Equatorius or any third party.
9.4 THIRD-PARTY VERIFICATION. The Site makes available various services provided by third parties to verify a User’s credentials and provide other information. Any information or content expressed or made available by these third parties or any other Users is that of the respective author or distributor and not of Equatorius. Equatorius neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than Equatorius’s authorized employees acting in their official capacities.
9.5 LINKS AND APPLICATIONS. The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites are owned and operated by the third parties and/or their licensors. Your access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. You acknowledge and agree that Equatorius is not responsible or liable for the availability or accuracy of third-party websites, or the content, advertising, or products on or available from third-party websites. You are responsible for deciding if you want to access third-party websites by clicking on a link or installing an application. The inclusion of any link or application on the Site does not imply that Equatorius endorses the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
9.6 MOBILE AND OTHER DEVICES. When using Equatorius’s mobile applications, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, may still apply. Equatorius’s mobile applications may not contain the same functionality available on the Site.
9.7 SITE UPDATES. Equatorius may from time to time in its sole discretion develop and provide Site Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Equatorius does not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You will promptly download and install all Updates and acknowledge and agree that Site Services or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to the Terms of Service, unless otherwise provided in terms associated with such Update. Equatorius reserves the right, at any time, to modify, suspend, or discontinue Site Services or any part thereof without notice. You agree Equatorius will not be liable to you or any third party for any modification, suspension, or discontinuance of Site Services or any part thereof.
10. CONFIDENTIAL INFORMATION. As used herein, “Confidential Information” means any information provided to, or created by, a User that such User identifies to Equatorius or any other User as being confidential or proprietary in nature, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that (a) is generally known by third parties as a result of no act or omission of Equatorius or another User, (b) subsequent to disclosure by the User, was lawfully received by Equatorius or another User without restriction on disclosure from a third party having the right to disseminate the information, (c) was already known by Equatorius or another User prior to receiving it from the User and was not received from a third party in breach of that third party’s obligations of confidentiality to that User, or (d) was independently developed by Equatorius or another User without use of another person’s Confidential Information.
10.1 CONFIDENTIALITY. A User provides Confidential Information to another User, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as he or she uses to protect his or her own Confidential Information, but in no event with less than due care, and will (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information, (b) not use or permit the use of another’s Confidential Information, except as necessary in connection with an Advisory Session (including without limitation the storage or transmission of Confidential Information on or through the Site), and (c) limit access to another’s Confidential Information to those persons who need to know such information in connection with an Advisory Session. A disclosure of information will be immune from prosecution or civil action under the Defend Trade Secrets Act, 18 U.S.C. § 1832, if it (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
10.2 RETURN OF CONFIDENTIAL INFORMATION. If and when Confidential Information is no longer needed in connection with an Advisory Session, or at a User’s written request (which may be made at any time at such User’s sole discretion), the User who received Confidential Information will, at his or her expense, promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on his or her premises, systems, or any other equipment otherwise under his or her control. The User who received Confidential Information agrees to provide written certification to the User disclosing the Confidential Information of compliance with this subsection within 10 days after the receipt of a written request for such certification.
11. WARRANTY DISCLAIMER. YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE, OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EQUATORIUS MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EQUATORIUS DISCLAIMS AL L EXPRESS AND IMPL IED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT STATES YOUR SOLE AND EXCLUSIVE REMEDY AGAINST EQUATORIUS WITH RESPECT TO ANY DEFECTS, NONCONFORMANCE, OR DISSATISFACTION.
12. LIMITATION OF LIABILITY. Equatorius is not liable, and you agree not to hold Equatorius responsible, for any damages or losses of any kind or nature arising out of or in connection with any of the following:
• Your use of, or your inability to use, the Site or Site Services;
• Your participation in any Advisory Session or making of any Forum Contribution;
• Delays or disruptions in the Site or Site Services;
• Viruses or other malicious software obtained by accessing, or linking to, the Site or Site Services;
• Glitches, bugs, errors, or inaccuracies of any kind in the Site or Site Services;
• Damage to your hardware device from the use of the Site or Site Services;
• The content, actions, or inactions of third parties’ use of the Site or Site Services;
• A suspension or other action taken with respect to your Account;
• Your reliance on the quality, accuracy, suitability, applicability, or legality of any services, advice, or information provided during or in connection with an Advisory Session or a Forum Contribution, or your providing or receiving any services, advice, or information during or in connection with an Advisory Session or a Forum Contribution;
• Your presence at, or your travel to or from, the location or premises at which any in-person Advisory Session, including but not limited to any in-person Advisory Session arranged in advance directly by Equatorius, is or is to be held; or
• Modifications to the Terms of Service.
ADDITIONALLY, IN NO EVENT WILL EQUATORIUS, ITS AFFILIATES, SUBSIDIARIES, OR SUCCESSORS, ITS LICENSORS, OR ITS THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, DIRECT, OR INDIRECT COSTS OR DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSSES, ATTORNEYS’ FEES, COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF PROPERTY, DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF EQUATORIUS, ITS AFFILIATES, SUBSIDIARIES, OR SUCCESSORS, ITS LICENSORS, OR ITS THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR SITE SERVICES, THIS AGREEMENT, OR THE TERMS OF SERVICE WILL NOT EXCEED THE AMOUNT OF ANY FEES RECEIVED BY EQUATORIUS WITH RESPECT TO SUCH USER’S USE OF THE SITE OR SITE SERVICES, OR PARTICIPATION IN ANY IN-PERSON ADVISORY SESSION ARRANGED IN ADVANCE DIRECTLY BY EQUATORIUS. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR SITE SERVICES, THIS AGREEMENT, OR THE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. RELEASE. In addition to the recognition that Equatorius is not a party to any contract between Users, you hereby release Equatorius, its affiliates, subsidiaries, and successors, and their respective officers, directors, managers, members, shareholders, agents, employees, and insurers from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way related to your use of the Site or Site Services, including but not limited to your participation in any Advisory Session or any Forum Contribution, whether it be at law or in equity. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION), WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
14. INDEMNIFICATION. You will indemnify, defend, and hold harmless Equatorius, its affiliates, subsidiaries, and successors, and their respective officers, directors, managers, members, shareholders, agents, employees, and insurers (each, an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you, a third party, or another User against an Indemnified Party arising from or relating to any of the following: (a) use of the Site or Site Services by you or anyone acting on your behalf, including but not limited to participation in any Advisory Session or any Forum Contribution; (b) failure to comply with the Terms of Service by you or anyone acting on your behalf; (c) failure to comply with applicable law by you or anyone acting on your behalf; (d) negligence, willful misconduct, or fraud by you or anyone acting on your behalf; and (e) defamation, libel, violation of privacy rights, unfair competition, improper use of Confidential Information, or infringement of Intellectual Property Rights, or allegations of any of the foregoing, to the extent caused by you or anyone acting on your behalf.
15. AGREEMENT TERM AND TERMINATION. The Terms of Service, as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site, and will remain in effect for the duration of your use of the Site or Site Services. Unless both you and Equatorius expressly agree otherwise in writing, either you or Equatorius may terminate this Agreement and your use of the Site and Site Services in your or Equatorius’s sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice of termination to Equatorius by email addressed to firstname.lastname@example.org or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108. In the event you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed; however, you will continue to be obligated to pay any Fees accrued but unpaid as of the date of termination. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason. Without limiting Equatorius’s other rights or remedies, Equatorius may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if (i) you breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service, (ii) Equatorius suspects or becomes aware that you have provided false or misleading information to it, or (iii) Equatorius believes, in its sole discretion, that your actions may (a) cause legal liability for you, any User, or Equatorius or its affiliates, subsidiaries, or successors, (b) be contrary to the interests of the Site or the User community, or (c) may involve illicit or illegal activity. If your Account is suspended or closed, you may not use the Site or Site Services under the same Account or a different Account or reregister under a new Account without Equatorius’ prior written consent. If you attempt to use the Site or Site Services under a different Account, Equatorius reserves the right to use an available Payment Method to pay for any Fees owed by you to the extent permitted by applicable law. Without limiting Equatorius’s other rights or remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce Fees owed Equatorius under the Terms of Service, you must pay Equatorius, and you authorize Equatorius to charge you, for all Fees owed to Equatorius, and you must reimburse Equatorius, if applicable, for any and all losses (including any and all time of Equatorius’s employees) and expenses (including attorneys’ fees and costs) related to investigating such breach and collecting such Fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable or required by law, Equatorius will retain this information along with all your previous posts and proposals for a period of up to 5 years from the date of closure; however, you understand that any closure of your Account may involve deletion of any content stored in your Account, for which Equatorius will have no liability
15.1 ENFORCEMENT OF AGREEMENT. Equatorius has the right, but not the obligation, to suspend or revoke your access to the Site and Site Services if it believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Terms of Service, or violated the rights of Equatorius or of another party. Without limiting Equatorius’s other rights or remedies, Equatorius may suspend or close your Account, use self-help in connection with its rights to reclaim Fees, and refuse to provide any further access to the Site or Site Services to you if (a) you breach any terms and conditions of this Agreement or other Terms of Service, (b) Equatorius is unable to verify or authenticate any information you provide to it, or (c) Equatorius believes that your actions may cause legal liability for you, any User, or Equatorius.
15.2 CONSEQUENCES OF AGREEMENT TERMINATION. Termination of this Agreement or closing your Account will not relieve you of the requirement to pay any Fees that became due to Equatorius prior to the effective date of termination or closing, which fees you authorize Equatorius to charge to your Payment Method. Except as otherwise required by applicable law, Equatorius will notify you if it closes your Account, unless it believes, in its sole judgment, that giving notice may cause damage. You acknowledge and agree that the value, reputation, and goodwill of the Site and Site Services depend on the transparency of a User’s Account status to all Users, including both yourself and other Users. You therefore agree that if Equatorius suspends or closes your Account, Equatorius has the right but not the obligation to notify other Users that your Account has been suspended or closed, and to provide those Users with a summary of the reasons for the suspension or closing of your Account.
15.3 SURVIVAL. After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. By way of example, and not by way of limitation, the provisions protecting Confidential Information, requiring arbitration, protecting Intellectual Property Rights, requiring non-circumvention, release, indemnification, payment of Fees, and setting forth limitations of liability each, by their nature, contemplate performance after termination or expiration of this Agreement.
16. CANCELLATIONS, REFUNDS, AND DISPUTES.
16.1 DISPUTE RESOLUTION. If a dispute arises between you and Equatorius or its affiliates, subsidiaries, or successors, Equatorius’s goal is to resolve the dispute quickly and cost-effectively. Accordingly, you, Equatorius, and its affiliates, subsidiaries, and successors agree to resolve any claim, dispute, or controversy that arises out of or relates in any way to this Agreement, the other Terms of Service, your relationship with Equatorius, the Site or Site Services, any Advisory Session, or any Forum Contribution (each, a “Claim”) in accordance with this section. For the avoidance of doubt, Claim includes, but is not limited to, all claims, disputes, or controversies arising out of or relating in any way to the Terms of Service, any Advisory Session, any Forum Contribution, any Fee, any payments or monies you claim are due to you from Equatorius or its affiliates, subsidiaries, or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, or harassment, and claims arising under the Uniform Trade Secrets Act as enacted in any state, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act, Affordable Care Act, Genetic Information Non-Discrimination Act, state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating in any way to your relationship with Equatorius or the termination of that relationship. Only with respect to the Arbitration Provision, Claims do not include disputes that may not be subject to a pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act and are excluded from the coverage of the Arbitration Provision. You agree that any Claim must be resolved as described in the subsections below titled “Informal Dispute Resolution” and “Mandatory Binding Arbitration and Class Action/Jury Trial Waiver.”
16.2 CHOICE OF LAW. This Agreement, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
16.3 INFORMAL DISPUTE RESOLUTION. Before serving a demand for arbitration of a Claim, you agree to first notify Equatorius of the Claim by email addressed to email@example.com or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108, and Equatorius agrees to provide to you a notice at your email address on file (in each case, a “Notice”) and to seek informal resolution of the Claim. Any Notice from you must include your name, pertinent Account information, a brief description of the Claim, and your contact information, so that Equatorius may evaluate the Claim and attempt to resolve the Claim informally. Any Notice from Equatorius must include pertinent Account information, a brief description of the Claim, and Equatorius’s contact information, so that you may evaluate the Claim and attempt to resolve the Claim informally. Both you and Equatorius will have 60 days from the date of the receipt of the Notice to resolve the other party’s Claim informally, which, if successful, will avoid the need for further action.
16.4 MANDATORY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER. This Mandatory Binding Arbitration and Class Action/Jury Trial Waiver provision (“Arbitration Provision”) applies to all Users except Users located outside of the United States and its territories. In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you and Equatorius agree to resolve the Claim by binding arbitration before an arbitrator from JAMS. JAMS may be contacted at www.jamsadr.com.
16.4.1 SCOPE OF ARBITRATION AGREEMENT AND CONDUCT OF ARBITRATION. Arbitration as provided in this Arbitration Provision is governed by the U.S. Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). This Arbitration Provision applies to any Claim the parties may have and survives after your relationship with Equatorius ends. This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. Except as otherwise provided herein, arbitration will be conducted in Boston, Massachusetts, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures under the Optional Expedited Arbitration Procedures then in effect. The JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures.” You and Equatorius will follow the applicable JAMS rules with respect to arbitration fees. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Either you or Equatorius may apply to a court of competent jurisdiction for provisional injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief; in all instances, the arbitrator will render the final judgment in the matter.
16.4.2 INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION; JURY TRIAL WAIVER. This Arbitration Provision is the full and complete agreement relating to the formal resolution of any Claim. For the avoidance of doubt, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating in any way to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. YOU AND EQUATORIUS IRREVOCABLY WAIVE ALL RIGHTS TO A TRIAL BY JURY FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT (“Jury Trial Waiver”). The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Agreement or any other part of the Terms of Service is void or voidable. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver is deemed to be unenforceable, you and Equatorius agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
16.4.3 CLASS ACTION WAIVER. This Arbitration Provision affects your ability to participate in class, collective, or representative actions. Both you and Equatorius agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, or as a member in any such class, collective, representative, or private attorney general proceeding (“Class Action Waiver”). Notwithstanding any other portion of this Arbitration Provision or the JAMS rules, the arbitrator will have authority to hear any Claim on a class, collective, or representative basis if, only if, and only to the extent that, the arbitrator determines that the waiver of such class, collective, or representative Claim is unenforceable. Equatorius may lawfully seek enforcement of this arbitration provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class, collective, or representative actions or claims.
16.4.4 RIGHT TO OPT OUT OF ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. You may opt out of the Mandatory Binding Arbitration and Class Action/Jury Trial Waiver of this Agreement by notifying Equatorius in writing within 30 days of the date you first registered for the Site or created an Account. To opt out, you must send a written notification to Equatorius by email addressed to firstname.lastname@example.org or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108. Such written notice must include (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, (f) a clear statement indicating that you do not wish to resolve claims through arbitration, and (g) evidence of compliance with the 30-day time limit to exercise the right to opt out of the Mandatory Binding Arbitration and Class Action/Jury Trial Waiver.
17.1 ENTIRE AGREEMENT. This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Equatorius relating to the subject matter hereof and thereof, and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and Equatorius, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in this Agreement and in the other Terms of Service are included for ease of reference only and have no binding effect. Even though Equatorius drafted the Terms of Service, you acknowledge and agree that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Equatorius because of the authorship of any provision of the Terms of Service.
17.2 SIDE AGREEMENTS. Advisors, Expertravelers, and Entrepreneurs may, at their option, enter into agreements that they deem appropriate. If and to the extent they do so, nothing contained therein shall be deemed to supersede any term or condition of this Agreement or the other Terms of Service, nor shall anything contained therein be deemed to create any obligation on the part of Equatorius.
17.3 COMPLIANCE WITH APPLICABLE LAWS. Users must not violate any applicable foreign, federal, state, or local laws or third-party rights when using the Site or Site Services. Without limiting the generality of the foregoing, you agree to comply with all applicable laws and regulations, including but not limited to those relating to Intellectual Property Rights.
17.4 MODIFICATIONS. No modification or amendment to this Agreement or the other Terms of Service will be binding upon Equatorius unless in a written instrument signed by a duly authorized representative of Equatorius. For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices. This subsection does not apply to amendments to this Agreement or to the other Terms of Service posted by Equatorius to the Site from time to time.
17.5 NO WAIVER. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of such party.
17.6 ASSIGNABILITY. You may not assign this Agreement or the other Terms of Service, or any of your rights or obligations hereunder or thereunder, without Equatorius’s prior written consent in the form of a written instrument signed by a duly authorized representative of Equatorius. For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices. Equatorius may freely assign this Agreement or the other Terms of Service without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, this Agreement and the other Terms of Service will inure to the benefit of the successors and permitted assigns of the parties.
17.7 SEVERABILITY. If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
17.8 FORCE MAJEURE. The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, or any other similar conditions beyond the reasonable control of such party (each, a “Force Majeure Event”). The time for performance of such party will be extended by the period of such delay. Irrespective of any extension of time, if a Force Majeure Event occurs and its effect continues for a period of 60 days, either party may give to the other party a 30-day notice of termination. If, at the end of the 30-day period, the effect of the Force Majeure Event continues, this Agreement and the other Terms of Service will terminate, except as otherwise provided herein.
17.9 PREVAILING LANGUAGE AND LOCATION. The English language version of this Agreement and the other Terms of Service will be controlling in all respects, and will prevail in case of any inconsistencies with any translated versions. The Site is controlled and operated from facilities in the United States. Equatorius makes no representations that the Site or Site Services are appropriate or available for use in other locations. Those who access or use the Site or Site Services from other locations do so upon their own volition and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including but not limited to the sanctions programs maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States-origin products, including services or software. You may not use or access the Site or Site Services if you are (a) a resident of a geographic area embargoed by the United States, (b) subject to United States economic sanctions that prohibit your use or access to the Site or Site Services, or (c) a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals located in the United States.
18. CONTACTING EQUATORIUS. If you have questions, please contact Equatorius by email addressed to email@example.com or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108.
EFFECTIVE DATE: JULY 15, 2017.
1. PROHIBITED SITE USE. The uses described in these Terms are prohibited regardless of where on the Site they occur. For example, the activities are prohibited in messages to Equatorius, messages to other Users, and any Community Forum, posts or contributions.
1.1 ILLEGAL, FRAUDULENT, HARMFUL, OR OFFENSIVE USES. You may not use, or encourage, promote, facilitate, or instruct or induce others to use, the Site or any of the Site Services for any activities that violate any law, statute, ordinance, or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute, or otherwise make available content that is illegal, harmful, or offensive. Examples of prohibited uses of the Site or the Site Services include but are not limited to the following:
• Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities, including services (i) that would violate the Intellectual Property Rights, including copyrights, of another person, entity, service, product, or website or (ii) that would involve the creation, review, or editing of pornographic, erotic, obscene, or sexually explicit material;
• Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
• Seeking, offering, or endorsing any services that would violate the Terms of Service or the terms of service of another website or any other contractual obligations;
• Seeking, offering, or endorsing any services that violate the academic policies of any educational institution;
• Unlawfully discriminating on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military or veteran status, or any basis protected by applicable law;
• Posting content that is harassing towards another person or violates the rights of a third party;
• Posting Personal Information or identifying information concerning another person;
• Making or demanding bribes;
• Spamming other Users;
• Using any robot, spider, scraper, or other automated means to access the Site for any purpose without Equatorius’s express written permission, or collecting or harvesting any personally identifiable information, including Account names, from the Site; and
• Engaging in any conduct that is reasonably likely to or that is intended to harm the Site, including, but not limited to (i) imposing an unreasonable or disproportionately large load (in Equatorius’s sole discretion) on the Site’s infrastructure; (ii) interfering or attempting to interfere with the proper operation of the Site or the Site Services or any activities conducted on the Site; (iii) bypassing any measures used to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site.
1.2 USING THE SITE OTHER THAN FOR THE INTENDED PURPOSES. Equatorius makes the Site available for Entrepreneurs, Expertravelers, and Advisors to find one another, engage in Advisory Sessions, make Forum Contributions, and make payments to and communicate with Equatorius. Users are expected to use the Site and the Site Services for their intended purposes, and Users may not use the Site or the Site Services in contravention of their intended purposes. The following is a non-exhaustive list of examples of prohibited uses of the Site:
• Offering or requesting services for the sole purpose of obtaining positive feedback of any kind;
• Attempting to manipulate or coerce another User by threatening to give negative feedback of any kind;
• Requesting, demanding, or receiving payment from an Entrepreneur;
• Requesting, demanding, or receiving loans, capital infusions, or investments or any kind from an Advisor or Expertraveler;
• Misusing the feedback feature to express views unrelated to the site’s purposes, such as political, religious, or social commentary;
• Duplicating or sharing Accounts;
• Sharing or soliciting another User’s contact information; and
• Advertising products or services that are outside or beyond the scope of Equatorius’s Services.
1.3 USING THE SITE TO POST FALSE OR MISLEADING CONTENT. All profiles, requests, and other content posted to the Site must be truthful and not misleading. Prohibited uses include but are not limited to the following:
• Misrepresenting a User’s experience, skills, or information;
• Impersonating any person or entity, including but not limited to an Equatorius representative, or falsely stating or otherwise misrepresenting your affiliation with any person or entity;
• Falsely attributing any statements to any Equatorius representative;
• Allowing another User to use your account, which is misleading to other Users;
• Falsely stating or implying a relationship with Equatorius or with another entity with which you do not have a relationship;
• Falsely stating or implying a relationship with another User with whom you do not have a relationship; and
• Falsely stating or implying that an Advisor or an Expertraveler will provide the advisory services when another person will in fact do so for any reason.
2. ENFORCEMENT. Equatorius reserves the right, but does not assume the obligation, to investigate any violation of these Terms. Equatorius may investigate violations and may remove, disable access to, or modify any content that violates these Terms. Equatorius may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include but not be limited to disclosing appropriate User information. Equatorius also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
3. REPORTING AND CORRECTING VIOLATIONS. If you become aware of any violation of these Terms, you must immediately report it to Equatorius by email addressed to firstname.lastname@example.org or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108. You agree to assist Equatorius with any investigation it may undertake and to take any remedial steps it may require in order to correct a violation of these Terms.
EFFECTIVE DATE: JULY 15, 2017.
1. INFORMATION COLLECTION. Users of the Service may be “Advisors” or “Expertravelers” (anyone who uses the Equatorius platform to offer advisory services to Entrepreneurs or to make a Forum Contribution) or Entrepreneurs (anyone who uses the Equatorius platform to request advisory services from Advisors or Expertravelers or to make a Forum Contribution).
INFORMATION YOU PROVIDE TO EQUATORIUS.
• Personal Information: In the course of your use of the Service, Equatorius may require or otherwise collect information that identifies you as a specific individual and that can be used to contact or identify you (“Personal Information”). Examples of Personal Information include but are not limited to your name, email address, company address, billing address, and phone number.
• Payment Information: If you use the Service to make payments, Equatorius will also collect certain payment information, such as credit card, PayPal, or other financial account information, and billing address.
• General Audience Service: The Service is for a general audience and intended for Users age 18 and older. Equatorius does not knowingly collect Personal Information from anyone younger than age 18. If Equatorius becomes aware that a person younger than age 18 has provided it with Personal Information, it will use commercially reasonable efforts to delete such information from its files. If you are the parent or legal guardian of a person younger than age 18 and believe that Equatorius has collected Personal Information from that person, please contact Equatorius by email addressed to email@example.com or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108.
• Combination of Personal and Non-Identifying Information: Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, your viewing preferences). Equatorius may combine your Personal Information with Non-Identifying Information, but will treat the combined information as Personal Information.
• Collection of Third-Party Personal Information: Equatorius collects the following personal information from you about your contacts: first name, last name, and email address when you provide it to Equatorius for the purpose of adding your contacts to a blog or forum.
INFORMATION COLLECTED FROM USERS AUTOMATICALLY. Information Collected from Users Automatically Equatorius and its third-party service providers, including analytics and third-party content providers, may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms that you entered into a search engine that led you to the Service, areas within the Service that you visited, and other information commonly shared when browsers communicate with websites. Equatorius may combine this automatically collected information with other information it collects about you. Equatorius does this to improve services it offers you, and to improve marketing, analytics, and site functionality. The information Equatorius collects also includes the Internet Protocol (“IP”) address or other device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and Equatorius’s servers identify your device by its Device Identifier. Some mobile service providers may also provide Equatorius or its third-party service providers with information regarding the physical location of the device used to access the Service. The technology used to collect information automatically from Users may include the following:
• Cookies: Like many websites, Equatorius and its marketing partners, affiliates, and service providers use “cookies” to collect information. A cookie is a small data file that is transferred to your computer’s hard disk for record-keeping purposes. Equatorius uses both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with the Terms of Service) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how Users interact with the Service, and to monitor aggregate usage by Users and web traffic routing on the Service). You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the Service.
• Web Beacons: Equatorius and its marketing partners, affiliates, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help keep track of what content on the Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including without limitation to count visitors to the Service, to monitor how Users navigate the Service, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed.
• Embedded Scripts: Equatorius and its marketing partners, affiliates, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service. In addition, Equatorius and its marketing partners, affiliates, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes, and may use third parties to perform those services.
HOW EQUATORIUS RESPONDS TO “DO NOT TRACK” SIGNALS. Websites (or web applications) can track your browsing behavior to better tailor suggestions and information for you. Do Not Track is a preference you can set for your browser (if supported) to opt-out of online behavioral tracking. Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, Equatorius does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser.
USER PROFILES. You have the opportunity to create a profile, which may consist of information about you, your business, your skills, your employment history and work experience, your educational background or training, and your travel plans, and may include Personal Information, photographs, resumes, information on advisory services previously provides as an Advisor or Expertraveler or received as an Entrepreneur, Forum Contributions, feedback or rating information, and other information, including your username (“Profile”). The information in your Profile may be visible to all Users and to the general public subject to the privacy choices you make within your Profile. You may edit certain information in your Profile through your account and may choose to limit who is able to view certain content you post to your Profile. If you believe that an unauthorized profile has been created about you, you can request that it be removed by contacting Equatorius by email addressed to firstname.lastname@example.org or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108.
TESTIMONIALS. Equatorius may display personal testimonials of satisfied Advisors, Expertravelers, and Entrepreneurs on the Service, in addition to other endorsements. With your consent, Equatorius may post your testimonial along with your name. If you wish to update or delete a testimonial, you can contact Equatorius by email addressed to email@example.com or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108.
FEEDBACK. Equatorius collects feedback from Users about their experience with other Users. Please note that any feedback you provide via the Service or feedback provided about you is publicly viewable through the Service. On very rare occasions, we may remove feedback pursuant to the relevant provisions of the Terms of Service.
SOCIAL NETWORKING SERVICES. You may register to join the Service directly via the Service or by logging into your account with a third-party social networking service (“SNS”) such as Facebook, Linkedln, and other third-party services that let you sign in using your existing credentials with those services. If you choose to register via an SNS, or to later link your Account with the Service to your account with an SNS, Equatorius will use the Personal Information you have provided to the SNS (such as your name, email address, gender, and other information you make publicly available via the SNS) to create your Account. Note that the information collected from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to Equatorius in connection with linking your Account with the Service to your account with an SNS. Other than what Equatorius may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of the Service, and Equatorius is not responsible for it. The Service also may permit additional interactions between it and a third-party website, service, or other content provider, such as enabling you to “like” or share content to a third-party SNS. If you choose to “like” or share content, or to otherwise share information from or via the Service with a third-party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of the Service, and Equatorius may have access to information about you from that third party. These features may collect your IP address or which page you are visiting on the Site, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective privacy policies of those third parties. You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating Equatorius to pay any fees or making Equatorius subject to any usage limitations imposed by such SNS. You can disable the link between your Equatorius Account and your SNS account at any time though the “Settings” section of the Service. Please note that your relationship with any SNS is governed solely by your agreement with such SNS. If your SNS account terminates, then functions enabled through the link between your Equatorius Account and your SNS account will terminate as well.
2. USE AND RETENTION OF INFORMATION. Equatorius uses information it collects:
• To provide and improve the Service, complete your transactions, address your inquiries, process your registration, verify the information you provide is valid, and for compliance and internal business purposes;
• To contact you with administrative communications and newsletters, marketing or promotional materials (on behalf of Equatorius or third parties), and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications, please follow the instructions in the Your Choices and Opting Out section below;
• To tailor content displayed to you and any offers presented to you, both on the Service and elsewhere online;
• To administer and develop Equatorius’s business relationship with you;
• To assess your background and experience as an Advisor or Expertraveler for purposes of matching you with and introducing you to an Entrepreneur;
• To assess your business needs and issues as an Entrepreneur for purposes of matching you with and introducing you to an Advisor or Expertraveler;
• To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of Equatorius or a third party, to protect the safety of the public or any person, or to prevent or stop activity considered to be, or posing a risk of being, illegal, fraudulent, unethical, or legally actionable. Equatorius may also use Device Identifiers to identify Users; and
Unless you request that Equatorius delete certain information (see Changing Your Information or Closing Your Account below), Equatorius may retain the information collected for at least 5 years and may retain the information for as long as needed for its business and legal purposes.
3. INFORMATION SHARING AND DISCLOSURE. Equatorius may share aggregated Non-Identifying Information with, and may otherwise disclose Non-Identifying Information (including, without limitation, Hashed Information) to, third parties.
• Information about Advisors or Expertravelers shared with Entrepreneurs: Equatorius shares information regarding Advisors and Expertravelers with Entrepreneurs for the purpose of matching them and introducing them for providing advisory services to an Entrepreneur.
• Information about Entrepreneurs shared with Advisors and Expertravelers: Equatorius shares information regarding Entrepreneurs with Advisors and Expertravelers for the purpose of matching them and introducing them for receiving advisory services from an Advisor or an Expertraveler.
• Service providers: We may employ third-party companies and individuals to facilitate the Service, to provide the Service on behalf of Equatorius, to perform Service-related services (including, without limitation, maintenance services, database management, web analytics, online advertising, payment processing, fraud detection, and improvement of Equatorius’s features), or to assist in analyzing how the Service is used. These third parties may have access to your Personal Information in order to perform these tasks.
• Legal and investigative purposes: Equatorius will share information with government agencies as required by law, including without limitation, in connection with reporting earnings. Equatorius cooperates with government and law enforcement officials and private parties to enforce and comply with the law. Equatorius will disclose information about you to government or law enforcement officials or private parties as it, in its sole discretion, believes necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of governmental authorities or other third parties conducting an investigation, to protect the property and rights of Equatorius or a third party, to protect the safety of the public or any person, or to prevent or stop activity Equatorius may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable. Equatorius may also use Device Identifiers to identify Users, and may do so in cooperation with third parties at its discretion.
• Internal and business transfers: Equatorius may share information, including Personal Information, with any parent company, subsidiaries, and affiliates, primarily for business and operational purposes. Equatorius may sell, transfer, or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization, or sale of assets (including, in each case, as part of the due diligence process with any potential acquiring entity) or in the event of bankruptcy. You will be notified via email and/or a prominent notice on Equatorius’s website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
4. ANALYTICS PROVIDERS, AD SERVERS, AND SIMILAR THIRD PARTIES. Equatorius works with, or may in the future work with, network advertisers, ad agencies, analytics service providers, and other third-party vendors to provide information regarding traffic on the Service, including pages viewed and the actions taken when visiting the Service; to serve its advertisements on other web sites, within mobile apps, and elsewhere online; and to provide it with information regarding the use of the Service and the effectiveness of its advertisements. These service providers may collect certain information about your visits to and activity on the Service as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies and web beacons), and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Service or other online websites and services. Equatorius may also share certain Non-Identifying Information with these third parties, including Hashed Information, in connection with the services they provide.
5. YOUR CHOICES AND OPTING OUT. Registered Users may update their choices regarding the types of communications received from Equatorius through their online Account. You also may opt out of receiving marketing emails from Equatorius by following the opt out instructions provided in those emails. Please note that Equatorius reserves the right to send you certain communications relating to your Account or use of the Service (for example, administrative and service announcements) via email and other means, and these transactional Account messages may be unaffected if you optout from receiving marketing communications. You may opt out of receiving text messages by replying “STOP” to any text message received. Registered Users who access the Service by using an Equatorius mobile application may, with permission, receive push notifications. Similarly, registered Users who access the Service by using certain desktop browsers may, with permission, receive push notifications. Notification preferences can be modified in the settings menu for the mobile application or the applicable browser.
6. CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT. Upon request, Equatorius will provide you with information about whether it holds any of your Personal Information. You are responsible for maintaining the accuracy of the information you submit to Equatorius, such as your contact information. You may access, correct, or request deletion of your Personal Information by making updates to that information or by contacting Equatorius through your online Account. If you request to access all Personal Information you have submitted, Equatorius will respond to your request within 30 days. If you completely delete all such information, then your Account may become deactivated. If your Account is deactivated or you ask to close your Account, you will no longer be able to use the Service. If you would like Equatorius to delete your Account in its system, you can do so through the Service. Equatorius will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Service even if you close your Account, including messages or Forum Contributions you posted to or exchanged on the Service. In addition, your Personal Information may remain in Equatorius’s archives and information you update or delete, or information within a closed Account, may persist internally or for Equatorius’s administrative purposes. It is not always possible to completely remove or delete information from the databases. In addition, Equatorius typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor Equatorius can delete all copies of information that has been previously shared with others on the Service.
7. SECURITY. Equatorius takes commercially reasonable steps to help protect and secure the information it collects and stores about Users. All access to the Site is encrypted using industry standard transport layer security technology (TLS). When you enter sensitive information, Equatorius encrypts the transmission of that information using secure socket layer technology (SSL). Equatorius also uses HTTPS strict transport security to add an additional layer of protection for Users. Please note, however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while Equatorius strives to protect your Personal Information and data, Equatorius cannot ensure and does not warrant the security of any information you transmit to it.
9. LINKS TO OTHER SITES. The Service contains links to other websites. If you choose to click on a third-party link, you will be directed to that third party’s website. The fact that Equatorius links to a website is not an endorsement, authorization, or representation of any affiliation with that third party, nor is it an endorsement of that third party’s privacy or information security policies or practices. Equatorius does not exercise any control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. You are encouraged to read the privacy policies or statements of the other websites you visit.
10. PUBLIC PROFILE. The profile you create on the Site will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through the Account portal.
11. PHISHING. Phishing websites and emails imitate legitimate websites and emails in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to Equatorius. If you believe you have received an email or had a similar interaction with a third party pretending to be Equatorius, please report it to Equatorius by email addressed to firstname.lastname@example.org or by mail addressed to Equatorius LLC, One Boston Place, 201 Washington Street, Suite 2600, Boston, MA 02108.