This agreement applies as between you, the User of this Platform and Services and EQUP of 3901 North Federal Highway Suite 201, Boca Raton, Florida, 33433, United States (hereinafter referred to as 'we' or 'EQUP', the operator(s) of this Platform and provider of the Services (collectively the 'Platform') .Your agreement to comply with and be bound by these Terms of Service ('Terms') is deemed to occur upon your first use of the Platform. If you do not agree to be bound by these Terms, you should stop using the Platform immediately.
The Platform and Services are provided for communication purposes only. You acknowledge and agree that any information posted on our Platform is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the services on the Platform is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Platform.
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Platform or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defence if we wish.
You are strictly prohibited from using the Platform or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. You expressly agree to and warrant that you have read and accept our Anti-Spam Policy.
We may occasionally post links to third-party Platforms or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from our Platform.
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Platform and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
This Agreement constitutes the entire understanding between the Parties concerning any use of this Platform. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Platform.
We may need to interrupt your access to the Platform to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Platform may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime.
You agree that your use of the Platform and Services is at your sole and exclusive risk and that any Services provided by us are on an 'As Is' basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Platform or Services will meet your needs or that the Platform or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Platform or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Platform or Services is your sole responsibility and that we are not liable for any such damage or loss.
You are solely responsible to obtain proper consent before recording phone calls using EQUP's calling feature, as required by the applicable law in all jurisdictions governing use of the service by you.<br>You agree to be responsible for any communication and content exchanged on call through EQUP's calling feature. When sharing such content and communications with us, you represent and warrant that you have all necessary rights to share those with us and that we may process them in order to provide you with the Service.
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
The European Commission provides an Online Dispute Resolution (OS) platform, which can be found at European Online dispute resolution. We are however not prepared to participate in an out-of-court conciliation procedure before a consumer dispute resolution body.