Last Revised: May 1st, 2020
Please read the following terms and conditions (“Terms”) carefully and in their entirety. They govern your use of and access to the website located at http://www.equalifegroup.com/ and its associated services, including email newsletters, associated content distribution platforms, and public EquaLife Group social media accounts (collectively, the “Services”), which are owned and operated by EquaLife Group, LLC (“EquaLife”, “we”, “us”, or “our”). References to “you”, “your”, and similar terms are construed accordingly in these Terms to mean users and visitors of the Services. By using the Services, you agree to be bound by these Terms.
We reserve the right to update these Terms from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. If you use the Services after any changes to these Terms have been posted, that means you agree to all of the changes. We suggest that you review these Terms periodically to ensure that you are aware of, understand, and accept any modifications.
Certain portions of the Services may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.
1. Our Content and Intellectual Property Rights
Except as otherwise expressly noted on the Services, all content and material on the Services, including but not limited to, text, information, images, photos, podcasts, blog posts, videos, audio, features, data, graphics/charts, icons, code, design, software, documentation, overall appearance, illustrations, animations, databases, logos, domain names, trade names, trade identities, and other such similar content (collectively, “Content”) are the property of EquaLife, its affiliates, or their respective third-party owners and should not be used, modified, or reproduced without our prior written consent. Content may be protected by United States and international copyright, trademark, and other laws. The Terms and the Services grant no license to Content other than to use or download Content for your non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Content, including code and software underlying the Services, nor may you sell, transfer, or otherwise use the Services or Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to Content at any time without notice.
2. No Offer or Reliance
The Services, including Content, are intended solely to provide general information about EquaLife, its services to entrepreneurs, and its people. Nothing in the Services is directed at nor should be relied upon by any investors or prospective investors in any vehicle sponsored or managed by EquaLife or any of its affiliates. EquaLife does not intend to solicit or make its investment advisory services available to the general public. Nothing on the Services constitutes professional or financial advice of any kind (including business, employment, investment, accounting, tax, and/or legal advice). Advice from a suitably qualified professional should always be sought in relation to any particular investment matter or circumstance. Nothing on the Services constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities.
Under no circumstances does Content or any other information provided in the Services constitute or form a part of any offer soliciting the purchase, subscription, or sale or any invitation to purchase, subscribe for, or sell any security or interest in any pooled investment vehicle sponsored, discussed, or mentioned by EquaLife or any of its affiliates, nor should it be construed as an offer to provide investment advisory services, nor should it or any part of it form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. Such offers or solicitations will be made separately and only by means of the confidential offering documents of the specific pooled investment vehicles which should be read in their entirety, and only to those who, among other requirements, meet certain qualifications under relevant laws to ensure that such investors are sophisticated investors capable of evaluating the merits and risks of prospective investments and financial matters. There can be no assurances that the investment objectives of any pooled investment vehicle sponsored or managed by EquaLife or its affiliates will be achieved, or that its investment strategies will be successful. Any investment in a vehicle sponsored or managed by EquaLife or any of its affiliates involves a high degree of risk including the risk that the entire amount invested will be lost.
Any investments or portfolio companies described or referred to in the Services are not representative of all investments in vehicles sponsored or managed by EquaLife or any of its affiliates, and there can be no assurance that any investments described are, or will be, profitable or that other investments made in the future will have similar character or results.
Any opinions expressed in the Services reflect EquaLife’s views or those of individual posters, and are subject to change. Certain information contained in the Services has been obtained from third-party sources, including from portfolio companies of EquaLife. While taken from sources believed to be reliable, EquaLife has not independently verified such information and makes no representations about the enduring accuracy of the information or its appropriateness for a given situation. Nothing in the Services is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. Charts provided herein are for informational purposes only and should not be relied upon when making any investment decision.
You acknowledge and agree that neither EquaLife nor any other person (including, without limitation, any affiliate of EquaLife) is in any way obligated to invest in any business you are associated with or offer you to invest in any EquaLife entity or affiliate. Further, EquaLife makes no representation, warranty, or guarantee that any use of its services will result in your employment or engagement as a consultant or receiving career development services of any kind.
3. Forward Looking Statements
Certain statements that individual EquaLife personnel make may constitute “forward-looking statements” under the Private Securities Litigation Reform Act of 1995. To the extent any information herein constitutes forward-looking statements (which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “upside,” “potential,” “project,” “estimate,” “intend,” “forecast,” “target” or “believe” or comparable terminology), please note that, due to various risks and uncertainties, actual events, results, or performance may differ materially from those reflected or contemplated in such statements. Forward-looking statements are not guarantees and involve risks, uncertainties, and assumptions. EquaLife expressly disclaims any obligation to update any forward-looking statement in the event it later turns out to be inaccurate — whether as a result of new information, future events, or otherwise. Any projections, estimates, forecasts, targets, prospects and/or opinions expressed in these materials are subject to change without notice and may differ or be contrary to opinions expressed by others.
Past results of pooled investment vehicles, investments, or investment strategies sponsored or managed by EquaLife or any of its affiliates are not necessarily indicative of future results.
4. Your Conduct and Obligations
You are responsible for all information, content, and materials you contribute, disclose, or share in any manner on or through the Services and you represent and warrant you have all rights necessary to do so. You are responsible for all your activity in connection with the Services.
As a condition of your use of the Services, you agree that you shall not use the Services for any purpose that is unlawful or prohibited by these Terms. You agree that you shall only provide information in connection with any and all other uses of the Services that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.
Additionally, you agree not to, without limitation:
You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the above prohibitions, we may take any action we deem necessary to cure or prevent the violation.
5. Third-Party Sites
The Services may contain links, references, and otherwise integrate with other websites, platforms, applications, or content provided, maintained, and controlled by third-parties (“Third-Party Sites”), and such Third-Party Sites may link to the Services. EquaLife has no control over any Third-Party Sites, makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any material, content, substance, or information, contained in Third-Party Sites and shall have no liability for any damages or injuries of any kind arising out of or related to such Third-Party Sites or their material, content, substance, or information.
The existence of any such link does not constitute our endorsement or recommendation of any material, content, substance, information, practice, or the owner or proprietor of such Third-Party Sites. EquaLife is providing these links to you only as a convenience. If you decide to access any Third-Party Sites, you do so entirely at your own risk. You should refer to the terms and policies of any Third-Party Sites you use to determine your rights and responsibilities.
6. Privacy Policy
We take your privacy seriously. Please read our Privacy Policy for information on how your personal information provided in connection with your use of the Services may be handled. By accepting these Terms you are also accepting the terms of the Privacy Policy, which are incorporated herein by reference for all applicable purposes.
7. Submissions to EquaLife
You may choose to submit questions, business plans, materials, comments, suggestions, ideas, graphics, and other information through the Services, including via web form or email (“Submissions”). Other than information addressed in our Privacy Policy, by providing Submissions, you (or anyone acting on your behalf) agree that any such information or materials shall not be considered confidential or proprietary, and you give EquaLife its sub-licensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use Submissions anywhere, anytime and for any reason whatsoever. For avoidance of doubt, you acknowledge and agree that this license includes a right for EquaLife to make such Submissions available to other companies, organizations, or individuals with whom EquaLife has relationships, and to use such Submissions in connection with responding to any inquiries or comments.
8. Titles
Although certain individuals may be identified in the Services as “Partners”, “Managing Partners” or “General Partners,” such titles are not intended to indicate that any such individual is actually a partner or general partner of any partnership as those terms are used for legal purposes. Such titles should not be construed to indicate that an individual has any ownership interest in EquaLife or any EquaLife affiliate nor should such titles be construed to indicate that an individual has any particular decision-making authority or responsibility.
9. Limitation of Liability
IN NO EVENT SHALL EQUALIFE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THE SERVICES, ANY WEBSITES LINKED TO THESE SERVICES, CONTENT, SOFTWARE, OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH WEBSITES, INCLUDING WITHOUT LIMITATION, ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF CONTENT OR OTHER INFORMATION FROM THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IF YOU ARE DISSATISFIED WITH THE SERVICES, OUR CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify, reimburse, and hold EquaLife, its affiliates, third-party contractors and partners, and their respective managers, officers, directors, agents, representatives, employees, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, judgments, costs, and expenses (including attorneys’ fees) arising from or in any way related to: (a) your use of the Services and Content; (b) your violation, breach, or alleged breach of these Terms or our Privacy Policy; and (c) your violation or alleged or threatened violation of any laws, rules, or regulations, or any rights of a third-party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third-party, arising from your Submissions.
11. Disclaimers
THE SERVICES, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, CONTENT, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EQUALIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. EQUALIFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SERVICES, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT ON THE SERVICES OR ANY OTHER WEBSITES LINKED TO THE SERVICES. CONTENT AND ANY OTHER MATERIALS OF THE SERVICES MAY BE OUT OF DATE, AND EQUALIFE MAKES NO COMMITMENT TO UPDATE CONTENT ON THE SERVICES. EQUALIFE DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SERVICES, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. EQUALIFE DOES NOT WARRANT THAT THE SERVICES OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICES OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EQUALIFE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12. Entire Agreement; Severability
You and EquaLife agree that these Terms, together with our Privacy Policy, are the complete and exclusive statement of the mutual understanding between you and EquaLife as to the subject matter hereof and supersede all prior agreements, proposals, discussions, agreements, and understandings (oral and written) relating to such subject matter. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. EquaLife’s failure to act with respect to a breach by you or others does not waive EquaLife’s right to act with respect to antecedent, subsequent, or similar breaches.
13. Dispute Resolution
These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, including any questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
14. No Third-Party Rights
Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, EquaLife, and our affiliates, successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you, EquaLife and our affiliates, successors and assigns, nor shall any provision give any third-parties any right of subrogation or action over against you, EquaLife, and our affiliates, successors and assigns.
15. Assignment
EquaLife shall have the right to assign these Terms in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of EquaLife.
16. Force Majeure
We will not be deemed to be in breach or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.
How to Contact Us
If you have any questions regarding these Terms, please contact us at:
Email: [email protected]
© EquaLife Group, LLC
Please read the following terms and conditions (“Terms”) carefully and in their entirety. They govern your use of and access to the website located at http://www.equalifegroup.com/ and its associated services, including email newsletters, associated content distribution platforms, and public EquaLife Group social media accounts (collectively, the “Services”), which are owned and operated by EquaLife Group, LLC (“EquaLife”, “we”, “us”, or “our”). References to “you”, “your”, and similar terms are construed accordingly in these Terms to mean users and visitors of the Services. By using the Services, you agree to be bound by these Terms.
We reserve the right to update these Terms from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. If you use the Services after any changes to these Terms have been posted, that means you agree to all of the changes. We suggest that you review these Terms periodically to ensure that you are aware of, understand, and accept any modifications.
Certain portions of the Services may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.
1. Our Content and Intellectual Property Rights
Except as otherwise expressly noted on the Services, all content and material on the Services, including but not limited to, text, information, images, photos, podcasts, blog posts, videos, audio, features, data, graphics/charts, icons, code, design, software, documentation, overall appearance, illustrations, animations, databases, logos, domain names, trade names, trade identities, and other such similar content (collectively, “Content”) are the property of EquaLife, its affiliates, or their respective third-party owners and should not be used, modified, or reproduced without our prior written consent. Content may be protected by United States and international copyright, trademark, and other laws. The Terms and the Services grant no license to Content other than to use or download Content for your non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Content, including code and software underlying the Services, nor may you sell, transfer, or otherwise use the Services or Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to Content at any time without notice.
2. No Offer or Reliance
The Services, including Content, are intended solely to provide general information about EquaLife, its services to entrepreneurs, and its people. Nothing in the Services is directed at nor should be relied upon by any investors or prospective investors in any vehicle sponsored or managed by EquaLife or any of its affiliates. EquaLife does not intend to solicit or make its investment advisory services available to the general public. Nothing on the Services constitutes professional or financial advice of any kind (including business, employment, investment, accounting, tax, and/or legal advice). Advice from a suitably qualified professional should always be sought in relation to any particular investment matter or circumstance. Nothing on the Services constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities.
Under no circumstances does Content or any other information provided in the Services constitute or form a part of any offer soliciting the purchase, subscription, or sale or any invitation to purchase, subscribe for, or sell any security or interest in any pooled investment vehicle sponsored, discussed, or mentioned by EquaLife or any of its affiliates, nor should it be construed as an offer to provide investment advisory services, nor should it or any part of it form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. Such offers or solicitations will be made separately and only by means of the confidential offering documents of the specific pooled investment vehicles which should be read in their entirety, and only to those who, among other requirements, meet certain qualifications under relevant laws to ensure that such investors are sophisticated investors capable of evaluating the merits and risks of prospective investments and financial matters. There can be no assurances that the investment objectives of any pooled investment vehicle sponsored or managed by EquaLife or its affiliates will be achieved, or that its investment strategies will be successful. Any investment in a vehicle sponsored or managed by EquaLife or any of its affiliates involves a high degree of risk including the risk that the entire amount invested will be lost.
Any investments or portfolio companies described or referred to in the Services are not representative of all investments in vehicles sponsored or managed by EquaLife or any of its affiliates, and there can be no assurance that any investments described are, or will be, profitable or that other investments made in the future will have similar character or results.
Any opinions expressed in the Services reflect EquaLife’s views or those of individual posters, and are subject to change. Certain information contained in the Services has been obtained from third-party sources, including from portfolio companies of EquaLife. While taken from sources believed to be reliable, EquaLife has not independently verified such information and makes no representations about the enduring accuracy of the information or its appropriateness for a given situation. Nothing in the Services is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. Charts provided herein are for informational purposes only and should not be relied upon when making any investment decision.
You acknowledge and agree that neither EquaLife nor any other person (including, without limitation, any affiliate of EquaLife) is in any way obligated to invest in any business you are associated with or offer you to invest in any EquaLife entity or affiliate. Further, EquaLife makes no representation, warranty, or guarantee that any use of its services will result in your employment or engagement as a consultant or receiving career development services of any kind.
3. Forward Looking Statements
Certain statements that individual EquaLife personnel make may constitute “forward-looking statements” under the Private Securities Litigation Reform Act of 1995. To the extent any information herein constitutes forward-looking statements (which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “upside,” “potential,” “project,” “estimate,” “intend,” “forecast,” “target” or “believe” or comparable terminology), please note that, due to various risks and uncertainties, actual events, results, or performance may differ materially from those reflected or contemplated in such statements. Forward-looking statements are not guarantees and involve risks, uncertainties, and assumptions. EquaLife expressly disclaims any obligation to update any forward-looking statement in the event it later turns out to be inaccurate — whether as a result of new information, future events, or otherwise. Any projections, estimates, forecasts, targets, prospects and/or opinions expressed in these materials are subject to change without notice and may differ or be contrary to opinions expressed by others.
Past results of pooled investment vehicles, investments, or investment strategies sponsored or managed by EquaLife or any of its affiliates are not necessarily indicative of future results.
4. Your Conduct and Obligations
You are responsible for all information, content, and materials you contribute, disclose, or share in any manner on or through the Services and you represent and warrant you have all rights necessary to do so. You are responsible for all your activity in connection with the Services.
As a condition of your use of the Services, you agree that you shall not use the Services for any purpose that is unlawful or prohibited by these Terms. You agree that you shall only provide information in connection with any and all other uses of the Services that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.
Additionally, you agree not to, without limitation:
- Use any content or information available on the Services for any unauthorized purpose;
- Interfere with or damage the Services or servers or networks connected to the Services or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology;
- Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Services;
- Harvest or collect personal information about any other individual who uses the Services;
- Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third-parties; and
- Assist any third-party in engaging in any activity prohibited by these Terms.
You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the above prohibitions, we may take any action we deem necessary to cure or prevent the violation.
5. Third-Party Sites
The Services may contain links, references, and otherwise integrate with other websites, platforms, applications, or content provided, maintained, and controlled by third-parties (“Third-Party Sites”), and such Third-Party Sites may link to the Services. EquaLife has no control over any Third-Party Sites, makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any material, content, substance, or information, contained in Third-Party Sites and shall have no liability for any damages or injuries of any kind arising out of or related to such Third-Party Sites or their material, content, substance, or information.
The existence of any such link does not constitute our endorsement or recommendation of any material, content, substance, information, practice, or the owner or proprietor of such Third-Party Sites. EquaLife is providing these links to you only as a convenience. If you decide to access any Third-Party Sites, you do so entirely at your own risk. You should refer to the terms and policies of any Third-Party Sites you use to determine your rights and responsibilities.
6. Privacy Policy
We take your privacy seriously. Please read our Privacy Policy for information on how your personal information provided in connection with your use of the Services may be handled. By accepting these Terms you are also accepting the terms of the Privacy Policy, which are incorporated herein by reference for all applicable purposes.
7. Submissions to EquaLife
You may choose to submit questions, business plans, materials, comments, suggestions, ideas, graphics, and other information through the Services, including via web form or email (“Submissions”). Other than information addressed in our Privacy Policy, by providing Submissions, you (or anyone acting on your behalf) agree that any such information or materials shall not be considered confidential or proprietary, and you give EquaLife its sub-licensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use Submissions anywhere, anytime and for any reason whatsoever. For avoidance of doubt, you acknowledge and agree that this license includes a right for EquaLife to make such Submissions available to other companies, organizations, or individuals with whom EquaLife has relationships, and to use such Submissions in connection with responding to any inquiries or comments.
8. Titles
Although certain individuals may be identified in the Services as “Partners”, “Managing Partners” or “General Partners,” such titles are not intended to indicate that any such individual is actually a partner or general partner of any partnership as those terms are used for legal purposes. Such titles should not be construed to indicate that an individual has any ownership interest in EquaLife or any EquaLife affiliate nor should such titles be construed to indicate that an individual has any particular decision-making authority or responsibility.
9. Limitation of Liability
IN NO EVENT SHALL EQUALIFE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THE SERVICES, ANY WEBSITES LINKED TO THESE SERVICES, CONTENT, SOFTWARE, OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH WEBSITES, INCLUDING WITHOUT LIMITATION, ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF CONTENT OR OTHER INFORMATION FROM THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IF YOU ARE DISSATISFIED WITH THE SERVICES, OUR CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify, reimburse, and hold EquaLife, its affiliates, third-party contractors and partners, and their respective managers, officers, directors, agents, representatives, employees, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, judgments, costs, and expenses (including attorneys’ fees) arising from or in any way related to: (a) your use of the Services and Content; (b) your violation, breach, or alleged breach of these Terms or our Privacy Policy; and (c) your violation or alleged or threatened violation of any laws, rules, or regulations, or any rights of a third-party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third-party, arising from your Submissions.
11. Disclaimers
THE SERVICES, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, CONTENT, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EQUALIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. EQUALIFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SERVICES, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT ON THE SERVICES OR ANY OTHER WEBSITES LINKED TO THE SERVICES. CONTENT AND ANY OTHER MATERIALS OF THE SERVICES MAY BE OUT OF DATE, AND EQUALIFE MAKES NO COMMITMENT TO UPDATE CONTENT ON THE SERVICES. EQUALIFE DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SERVICES, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. EQUALIFE DOES NOT WARRANT THAT THE SERVICES OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICES OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EQUALIFE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12. Entire Agreement; Severability
You and EquaLife agree that these Terms, together with our Privacy Policy, are the complete and exclusive statement of the mutual understanding between you and EquaLife as to the subject matter hereof and supersede all prior agreements, proposals, discussions, agreements, and understandings (oral and written) relating to such subject matter. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. EquaLife’s failure to act with respect to a breach by you or others does not waive EquaLife’s right to act with respect to antecedent, subsequent, or similar breaches.
13. Dispute Resolution
These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, including any questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
14. No Third-Party Rights
Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, EquaLife, and our affiliates, successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you, EquaLife and our affiliates, successors and assigns, nor shall any provision give any third-parties any right of subrogation or action over against you, EquaLife, and our affiliates, successors and assigns.
15. Assignment
EquaLife shall have the right to assign these Terms in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of EquaLife.
16. Force Majeure
We will not be deemed to be in breach or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.
How to Contact Us
If you have any questions regarding these Terms, please contact us at:
Email: [email protected]
© EquaLife Group, LLC