Last Updated and Effective as of: March 4, 2020
By accessing or using the Services, you represent and warrant that: (i) you are at least eighteen (18) years of age (or the age of majority in your jurisdiction, whichever is greater); (ii) your use of the Services is lawful where you use the Services and will not violate any applicable law, rule or regulation, and that you will only use the Services in a lawful manner.
User Registration: In order to gain access to certain features of our website, platform and other Services, you may need to register with us and create a user account. Registration may require that you provide us with an email address and additional information such as full name, phone number and mailing address. Once registered, you will be required to create a unique password to access and use the Services. You are solely responsible for maintaining the security and confidentiality of your password and other account information, and for updating any information that you provide to us that is associated with your account. By creating an account with us, you represent that you are the subject of the account, or authorized to create an account on behalf that individual. We are not responsible for any unauthorized accounts on our Services.
You may be required to integrate third party applications with our Services in order to use certain features, such as integrating your cloud services account with our Equeum Lingua Franca platform in order to upload your data on the platform. In such instances, your use of those third party applications will be governed by the applicable third party’s privacy policies and terms and conditions. We are not responsible or liable for the services provided by such third party applications or guarantee our Services’ continued compatibility with those applications.
No Financial or Other Professional Advice: The Services we provide you are not intended to be used as individual financial, investment, legal or other professional advice. Any results, analysis, data, models, predictive algorithms or other information or tools provided through the Services are solely meant for broad informational and research purposes, and should not be relied on as a substitute for advice from a qualified professional.
Unsolicited Ideas: We do not accept any unsolicited ideas regarding our websites, products or services from outside the company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, royalty-free, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
You are solely responsible and liable for any UGC that you submit, distribute and otherwise make available on the Services and Company is not responsible for, nor does Company endorse, such content.
Company’s Rights to Your UGC: By submitting or distributing UGC through the Services, you grant Company the royalty-free, irrevocable, perpetual, worldwide right, for any purpose, (i) to reproduce, display, perform, distribute, adapt, and promote the UGC in any medium and (ii) to create derivative works of the UGC or to modify or combine your UGC with other materials and content. Once you submit or post UGC to the Services, Company does not need to give you any further right to inspect or approve uses of such UGC or to compensate you for any such uses. Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating UGC posted to the Services. You are solely responsible for anything you may submit to or post on the Services and the consequences of submitting or posting anything through the Services.
Users’ Rights to UGC: By using the Services, you grant to, or receive from, other users, certain licenses to use the UGC available through the Services.
License as Contributor of Content to the Services. By submitting UGC to the Services, you may choose to make your submitted UGC (i) private and only visible to you on your account, or (ii) public and accessible to other users of the Services.
If you submit UGC to the Services but keep such UGC private, such UGC will only be visible and accessible to you and other users will not have any right or license to access or use such UGC. Company, however, will still retain the licenses to such UGC as described in “Company’s Rights to Your UGC.” By making any UGC you submit to the Services public, such UGC will be visible and accessible to other users of that Service, and you grant such users the royalty-free, irrevocable, perpetual, worldwide right to reproduce, display, distribute, adapt, create derivative works of, modify or combine other materials and content with, your UGC, for any purpose, and in any medium.
License as User of Content Available on the Services. All users of the Services have the right to reproduce, display, distribute, adapt, create derivative works of, modify or combine other materials and content with, any UGC and other Content that is available to them through the Services.
Service Usage Rules: Company expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Services or while using the Services. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not use the Services to:
Company is under no obligation to screen or monitor UGC, but may review UGC from time to time at its sole discretion. Company will make all determinations as to what UGC is appropriate in its sole discretion. Company may edit or remove any UGC at any time without notice.
Disputes with Other Users; Third-Party Claims: Each user acknowledges that other users may have used ideas and/or concepts in content or materials that they submit to the Services that may be similar in idea or concept or utilize similar code strings or other coding combinations. Each user understands and agrees that he/she shall not have any claim against Company or any other user arising out any such similarity or be entitled to any compensation because of any such similarity. Company is not responsible for mediating any disputes related to our Services that arise between you and other users of the Services or any other third parties. You release Company, its officers, employees, agents and successors from any third-party claims related to such disputes, including, but not limited to any party’s reliance on any inaccurate or misleading content submitted to and/or available on the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Third Party Links and Services: These Services may contain links to other websites or services not maintained by us. Other websites or services may also reference or link to our Services. We encourage you to be aware when you leave our Services and to read the terms and conditions and privacy statements of each and every website or service that you visit or use. We are not responsible for the practices or the content of such other websites or services.
No Warranties: Company makes no warranties or representations as to the accuracy or completeness of Content or any other information on the Services and is not responsible for any decisions or outcomes that users make based on such Content or information. To the fullest extent permitted by law, your use of the Services is at your own risk. The Services, including all Content or other information made available on or accessed through the Services, is provided “as is” and Company makes no representations or warranties of any kind whatsoever for the Content or other information on the Services.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING ONE HUNDRED UNITED STATES DOLLARS.
Digital Millennium Copyright Act (“DMCA”) Notice: Materials may be made available via the Services by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Services for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Services.
If you believe any materials on the Services infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
P.O. Box 4302
Napa, CA 94558
American Arbitration Association
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND COMPANY HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.