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Terms and Conditions

Last Modified: May 1, 2020

Notice: Our/eqlist.app Terms and Conditions are inclusive of the Terms of Use, Terms of Sale, and Privacy Policy, incorporated herein.

Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between you (“you” or “user” or “customer” or “seller” or “buyer”) and Equitis Technology, LLC (“Company” or “we” or “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the website, www.eqlist.app, including any content, functionality, and services offered on or through the website (the “Website”), whether as a guest user or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to our Terms and Conditions, your accept and agree to the Terms of Use, Terms of Sale, and Privacy Policy, when this option is made available to you, and you accept and agree to be bound and abide by these Terms of Use, Terms of Sale, and Privacy Policy, found on our Website and incorporated herein by reference. If you do not want to agree to these Terms of Use, the Terms of Sale, or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, who reside or are located in the United States (US), or any of its territories or possessions, including Hawaii and Alaska, and who agree to be bound by these Terms of Use, Terms of Sale, and Privacy Policy, and US laws governing use of the Website. Anyone under 18 years of age will not be able to accept the legal terms, create an account, or otherwise register for services.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on our Website, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use, Terms of Sale, and Privacy Policy means that you accept and agree to the changes. You are expected to check these pages frequently so you are aware of any changes, as they are binding on you.

Use At Your Own Risk

 

We provide the material available through this Website for informational purposes only. You may use the content, information, data, and materials (“Information”) from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any information you have found on this Website, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRICES, PRODUCT, ITEM, PROPERTY, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRICES, PRODUCT, ITEM, PROPERTY, OR SERVICE. You also agree and acknowledge that any information, prices, product, item, property, or service availability is subject to change with no reason and without notice. With respect to our classified advertising and listing services, please note that we do not sell the advertised products, items, or property directly and we are not involved in any actual transaction between any seller and buyer; without limiting the foregoing, we do not guarantee or insure any product, item, or property advertised or the completion of any transaction or collect or process transaction payment between a seller and buyer, act as an escrow service or transfer title, nor do we warehouse, stall, house, contain, hold, store, ship, trailer, exchange, or deliver any product, item, or property that is advertised on the Website.

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion for no reason and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use, Terms of Sale, and Privacy Policy, and comply with them.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree and acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. It is your responsibility to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use, Terms of Sale, and Privacy Policy.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, audio, and the design/design layout, selection, logo design, logo font, color palette, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for the purpose of listing an ad or multiple ads. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website in any media in existence now and new technologies in the future, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download a reasonable number of pages of your ad listings on the Website for your own use.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.
  • You may share the ad or ads listed on the Website on social media networks.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text of the ad or ads on the Website.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website except as expressly permitted. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: Equitis Technology, LLC, 455 Tarrytown Road, #1012, White Plains, NY 10607.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, Website logo, and all related names, logo design graphic/symbol and logo font/text, product and service names, designs, and taglines/slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and taglines/slogans on this Website are the trademarks of their respective owners.

 

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use below.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation. This prohibition also applies to providing email addresses, telephone numbers, or user’s website on ad listings on eqlist.app.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company and its employees, or users of the Website or expose them to liability.
  • To spam the Company, its employees, customers, users, sellers, and buyers; spamming is strictly prohibited.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider, deep-link, scrape, or any other automatic device, algorithm, program, process, methodology, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, code, algorithm, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, malware, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website, and other associated mobile apps (iOS, Android), provides equestrian classified advertising (ad/ads) and listings services online and other related services. The Website may contain message boards, chat rooms, chat bots, personal/individual or business web pages or profiles, notifications, messages, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, list, place, upload, link, submit, publish, display, or transmit to other users or other persons (hereinafter, “post” or “list” ) content or materials (collectively, “User Contributions”) on or through the Website, including, but not limited to, pictures, photographs/images, and videos with or without audio, which will be posted to or listed on your account profile or on your ad listing or may be viewed as a result of a link to another site containing your pictures, photographs/images, and/or videos with or without audio, and which may be viewed by other users.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you list on or post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you agree and acknowledge to grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, share on social media, promote, market, and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

You understand and acknowledge that you are responsible for any User Contributions listed and/or posted in your ad listings and you understand and acknowledge that the Company is not liable for any false information that you provide within the ad listing or elsewhere on the Website, including your profile and account information. The Company is not liable for any misrepresentation by you or your representatives, assigns, or affiliates.

We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or provided by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post or list any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS EMPLOYEES, AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted, listed, uploaded, on the Website, or linked from our Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, gender, political views, religion, nationality, disability, sexual orientation, physical characteristics, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, Terms of Sale, and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see below under Your Comments and Concerns for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, reliability, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user or visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person, user, or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content, reliability, or accuracy of any materials provided by any third parties.

 

 

 

 

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through the Website, such as purchasing an ad listing, are governed by our Terms of Sale contained herein, and are, hereby, incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, functionality, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

Linking to the Website and Social Media Features

You may link to our homepage, or to a related page on the Website; provided, you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
  • For registered users with a classified advertising and listings, to post their unique eqlist.app ad listing link on another website, social media page (e.g., Facebook, Twitter, Instagram, Pinterest, YouTube, or similar), and use their unique eqlist.app ad listing link to promote their services as well as the Website.
  • To share certain content on the Website by using our sharable social media links (Facebook, Twitter, Pinterest, or other social media networks) provided on certain pages on the Website.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

The owner of the Website is based in the state of New York in the United States. We provide this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON NOR ANYONE ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. NEITHER THE COMPANY NOR ANY PERSONS ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE ACCURACY, AVAILABILITY, OR RELIABILITY OF THE CONTENT IN AN AD LISTING. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

Governing Law; Jurisdiction; JURY WAIVER

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the County of Westchester, New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

 

 

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from or related to these Terms of Use, the Terms of Sale, or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, TERMS OF SALE, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use, our Privacy Policy, and our Terms of Sale constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This Website is owned and operated by Equitis Technology, LLC. All notices of copyright infringement claims should be sent in writing to: Equitis Technology, LLC at 455 Tarrytown Road, #1012, White Plains, NY 10607. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@eqlist.app.

 

Terms of Sale

 

Equitis Technology, LLC (the “Company”) provides classified advertising (ad) listing services (the “Services”) through its website, www.eqlist.app (the “Website”), to enable users (“you” or “Customer” or “User” or “Seller” or “Buyer” or “Registered user”) to search and view classified ad listings, interact with the other users, and purchase advertising via the Website.

Your use of the Services and the Website are subject to our Privacy Policy and Terms of Use, both of which are expressly incorporated herein, as well as the following terms and conditions:

General

  • THE COMPANY ASSUMES NO RESPONSIBILITY AND DISCLAIMS ALL LIABILITY FOR (I) THE ACCURACY OF THE INFORMATION PROVIDED ON THE WEBSITE OR IN THE SERVICES, (II) ANY PAYMENT ISSUES OR DISPUTES BETWEEN YOU AND THE CORRESPONDING BUYER OR USER, (III) ERRORS IN THE CONTENT OR ANY ACTIVITIES OR INTERACTIONS BETWEEN THE USERS, OR (IV) ANY DAMAGES, LIABILITY, CLAIMS, OR DISSATISFACTION ARISING OUT OF OR RESULTING FROM ANY ACTIVITIES OR INTERACTIONS BETWEEN THE USERS OF THE WEBSITE. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS AND YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
  • The Company’s customer service personnel are dedicated to address any issues you may have with your use of our Services. All other issues you may have, as a seller, in connection with a buyer, must be resolved between you and the buyer in the dispute and/or issue, and we are not liable in any manner whatsoever for any issue or interaction between you and the buyer.
  • THE COMPANY MAKES NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY REGARDING THE AD LISTINGS, THE SELLERS, BUYERS, REGISTERED OR NOT REGISTERED ACCOUNT USERS, OR SITE USERS WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, INDUSTRY STANDARD OR TRADE PRACTICE.
  • We reserve the right to change any of these Terms of Sale, including our fees, subscription fees, ad package pricing, ad pricing structure, or service offerings at any time and at our sole discretion. If we do so, the changes will be reflected in our then-current Terms of Sale, and we will notify you via e-mail containing a link to accept our new Terms of Sale. In addition, all users should review our terms and policies frequently for any changes or updates, as it is your responsibility to keep current on any terms, conditions, or policy changes.

Pricing; Payments; and Refunds

Pricing. The Pricing and Check Out pages on the Website contain the advertisement prices for single ads and for multiple ad packages, including a free ad listing. All prices are shown in US Dollars.

Payments. You agree to pay, in advance, all amounts owed to the Website for the classified advertising and listing services and placement of your ad on the Website. We reserve the right to increase or decrease any ad prices and to make any changes to any advertising pricing or services offered on the Website at any time, for no reason and without notice. Payment information must be provided at the time of ad package purchase at check out. We accept payments via credit or debit card. Payment transactions are processed by Stripe. Sensitive financial information you provide as part of payment transactions (e.g., card holder name, card number, card expiration date, and the 3-digit code on the back of the card) is not retained by us. No financial data is stored on our servers. It is handled directly by Stripe in an embedded iframe with a Stripe-secure URL that enables secure handling. For more information about how we and our service providers protect your sensitive financial information, please see our Privacy Policy contained herein and https://stripe.com/us/privacy. Payment for ads are paid up front, are not refundable, and expire one year from date of purchase. For more information on payments, please see Stripe at https://www.stripe.com.

Sales Tax. We do not currently charge users a sales or use tax. If at any time the Company is required by law to charge and/or collect sales or use tax or any other tax-related fees or charges, for example, if the Website were to offer other services and products that do require us to collect a sales tax, we reserve the right to do so, and your continued use of the Website at that time constitutes your agreement that we may do so.

Fees & Commissions. It is free of charge to register on the Website and have an account. At this time, we do not charge commissions to the seller or the buyer when the seller and buyer transact, contract, agree, purchase, or enter into a lease agreement. We do not participate, consult, manage, broker, or engage in any transaction between a seller and a buyer. We reserve the right to change our fee and commission policy at any time and without notice at our sole discretion.

Refunds. All purchases on the Website are non-refundable.

 

FAQs

To proactively answer any user questions, the Company has a Frequently Asked Questions (FAQ) page that users may access on the Website. If the FAQ page does not answer your questions, you may contact us via email at support@eqlist.app.

 

Privacy Policy

 

Introduction

Equitis Technology, LLC (“Company”, “we”, or “us”, or “our”), respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website eqlist.app, located at https://www.eqlist.app (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On the Website.
  • In email, text, SMS text messages, and any other electronic messages between you and this Website.
  • Through any future mobile and desktop applications you download from this Website or via other websites, which would provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by the Company or any third-party; or
  • any third-party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates, as it is your responsibility to regularly check the Privacy Policy for any changes or updates.

Children Under the Age of 18

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, any screen name or user name you may use, or any other information. If we learn we have collected or received personal information from a child under 18 without verification of legal guardian or parental consent, we will delete that information. If you believe we might have any information from or about a child under 18 without their legal guardian or parental consent, please contact us at support@eqlist.app.

Information We Collect About You and How We Collect It

We collect several types of information from and about Customers and users of our Website, including information:

  • by which you may be personally identified, such as name, postal address, email address, telephone number, social security number, or any other information the Website may collect that is defined as personal or personally identifiable information under an applicable law (“personal information”);
  • that is about you, but individually does not identify you; and/or
  • about your Internet connection, the equipment you use to access our Website and usage details.

We collect this information:

  • directly from you when you provide it to us.
  • automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • from third-parties, for example, our business partners.

Information You Provide to Us. The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, listing an advertisement/ad, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
  • Records and copies of your correspondence (including mailing address and email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your ad package and ad-related purchases, or subscriptions orders. You may be required to provide financial information before placing an order or making a purchase at check out through our Website. Payment transactions will be processed by Stripe, and encrypted using SSL technology. For more information, Stripe’s privacy policy may be found at https://stripe.com/us/privacy.
  • Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted” or “listed”) within an ad and on public areas of the Website, or transmitted to other users of the Website or third-parties (collectively, “User Contributions”). Your User Contributions are posted/listed on and transmitted to others at your own risk. Although we limit access to certain pages and/or sections of the Website, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons, including messaging between you and a user and/or buyer.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data, and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically is statistical data, but may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third-parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

 

 

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you and other users, eqlist.app promotes its products and services across social media networks, email campaigns, messages, announcements, and any other marketing methods it chooses, using and any public information provided on the Website. You hereby acknowledge and agree to such uses.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.  If you do not want us to use your information in this way, you may unsubscribe directly from the promotional email. For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third-parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use, Terms of Sale, and Privacy Policy, and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.
  • Promotional Offers from the Company. The Company may use your email address/contact information to inform you of any new features and services, and/or any promotion of our own or third-parties’ products or services. If we have sent you a promotional email, you may unsubscribe directly from the promotional email.

We do not control third-parties’ collection or use of your information to serve interest-based advertising. However, these third-parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Accessing and Correcting Your Information

You can review and change your personal or business account profile or ad information by logging into the Website and visiting your account profile page.

You may also send us an email at support@eqlist.app to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect or in violation of any of our terms, conditions, and policies.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please write us at: Equitis Technology, LLC, 455 Tarrytown Road, #1012, White Plains, NY 10607.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Information you provide to us is stored on secure servers behind firewalls using server-side encryption. Any payment transactions will be processed by Stripe and encrypted using SSL technology. Stripe’s privacy policy may be found at: https://stripe.com/us/privacy.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal or business information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, send your written questions or comments to us at: Equitis Technology, 455 Tarrytown Road, #1012, White Plains, NY 10607.

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