Your access to and use of the services of Equity Street Capital (“Equity Street Capital”), available through EquityStreetCapital.com and/or any other related website or application (collectively, the “Website”), shall be governed by the following terms and conditions of use (“Terms”). Please review these Terms carefully. By accessing, visiting, browsing or using any part of the Website, you agree that you have read and understood the following terms and conditions of use, and agree to be bound by and comply with them. These Terms will apply to every access to the Website. Equity Street Capital reserves the right to revise these Terms by publishing a revised version of this document on the Website; that version will then apply to all use by you following the date of publication. Continued use of the Website or services following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms, and each access of information from the Website will be a separate, discrete transaction based on the then-prevailing terms. If you do not agree to these Terms, do not access or interact with any part of the Website.
To access certain portions of the Website or services, you are required to create an Account. By creating an account, you represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of the Website and services does not violate any U.S. or other applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. Equity Street Capital is not liable for any loss or damages arising from your failure to maintain the confidentiality or security of your Account.
Materials on the Website are copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by U.S. and international copyright laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission of Equity Street Capital. All of the trademarks on the Website are registered trademarks of Equity Street Capital, the legal owners and authors of Equity Street Capital, or of other owners used with their permission. The display of trademarks on the Website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents herein may be a violation of federal trademark and/or copyright laws and could subject the copier to legal action.
The materials on the Website are provided “as is” and without warranties of any kind, either express or implied. Equity Street Capital disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Equity Street Capital does not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. Equity Street Capital does not warrant or make any representations regarding the use or the results of the use of the materials on the Website in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
To the fullest extent permissible pursuant to applicable law, Equity Street Capital and each of its respective officers, director, employees, agents, licensors, representatives and third-party providers will not be liable to you for any compensatory, consequential, incidental, exemplary, indirect, special or similar damages that may result from the use of, access to, or the inability to use, the Website or any materials contained on the Website, whether the material is provided or otherwise supplied by Equity Street Capital or any third party.
Notwithstanding the other provisions of these Terms, if Equity Street Capital is found to be liable for any damages or losses arising out of your use of, access to or inability to use the Website or any material provided or otherwise supplied by us or any third party, our liability shall in no event exceed the greater of: (i) the total amounts actually paid by you with respect to any services, features, or materials available through the Website, paid in the last six months prior to the date of the initial claim made by you against Equity Street Capital; or (ii) US $100.00. Note that some jurisdictions do not allow limitations of liability or may place limitations on our ability to limit our liability to you, so the foregoing limitation may not apply to you.
Facts and information on the Website are believed to be accurate at the time they were placed on the Website. Changes may be made at any time without prior notice. All data provided on the Website is to be used for information purposes only. The information contained on the Website is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, and should not be relied upon in that regard.
The services described on the Website are only offered in jurisdictions where they may be legally offered. Information provided on the Website is not all-inclusive, and is limited to information that is made available to Equity Street Capital. Accordingly, such information should not be relied upon as all-inclusive or accurate.
The Website may contain hyperlinks or references to other websites outside of our control or operated by third parties. Equity Street Capital is not responsible for, nor shall it be liable to you for your access and use of any such hyperlinks or websites. The appearance on the Website of external hyperlinks to third-party websites, in any form, does not constitute endorsement by Equity Street Capital of the opinions or views expressed by any such third-party websites and we do not take responsibility for the accuracy, completeness, or quality of the content contained at such websites. Furthermore, Equity Street Capital is not responsible for the quality or delivery of the services offered, provided, accessed, or advertised by any third party. As such, Equity Street Capital will not be responsible or liable to you in any way for any content, errors, or omissions, or for the results obtained from the use of any information contained in or provided to those third party sites.
You agree to treat as strictly private and confidential any subscriber code, username, user ID, or password which you may have received from Equity Street Capital and all information to which you have access through password-protected areas of the Website and will not cause or permit any such information to be communicated, copied, or otherwise divulged to any other person whatsoever.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate the intellectual property rights of Equity Street Capital and/or its affiliates, Equity Street Capital and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
If any other dispute arises under these Terms, we agree to first try to resolve it with the help of a mutually agreed-upon mediator with the Judicial Arbitration and Mediation Service (“JAMS”) in San Diego, California. Each party will be responsible for their own respective attorneys fees and the costs and fees associated with the mediation will be shared equally.If it proves impossible to arrive at a mutually satisfactory solution through mediation, it is agreed to submit the dispute to binding arbitration in San Diego, CA. This agreement to arbitrate shall be governed by, and enforceable under, the Federal Arbitration Act (“FAA”). Any such arbitration shall be in accordance with the Comprehensive Arbitration Procedures of JAMS, as modified by the Optional Expedited Arbitration Procedures adopted by JAMS. If an arbitrator cannot be agreed upon, an arbitrator from JAMS will be selected pursuant to the Comprehensive Arbitration Rules and Procedures of JAMS in San Diego, California. Judgment upon the award made by the arbitrator may be entered in any court having jurisdiction. Each party shall be responsible for its own attorneys fees and costs and shall each be responsible for one-half of administrative costs and fees associated with any arbitration. Any claims must be brought on an individual basis and waive, to the fullest extent permitted by the applicable law, the right to bring class, collective, and/or other representative actions.
If any provision of these Terms is void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby. Notwithstanding the foregoing, if an arbitrator or a court of competent jurisdiction declares invalid or unenforceable the provision concerning waiver of a class, collective, or other representative action, only the claims that the arbitrator or court finds can be arbitrated on an individual basis shall be arbitrable under this provision, and any remaining claims must be pursued in court.
These Terms will remain in full force and effect as long as you continue to access or use the Website, including services or products made available through the Website. You may terminate this agreement at any time by destroying all materials obtained from the Website, all related documentation, and all copies and installations thereof, whether made under these Terms or otherwise. Equity Street Capital may terminate this agreement, at its sole discretion, should you fail to comply with any provision of these Terms. Notice of any such termination shall be provided on the Website, via electronic mail or other Account on the Website. Upon termination, you must destroy all materials obtained from the Website and all copies thereof, whether made under these Terms or otherwise. Termination of your Account or discontinuation or modification to the Website and any products and services accessed through the site shall not entitle you to any refund for any services.