YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Equa Start provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution for individuals who choose to prepare their own legal documents. Member-Clients need not download or even license Equa Start software. The Site includes general information on commonly encountered legal issues. The Equa Start Services also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Equa Start is not a law firm and may not perform services performed by an attorney. Equa Start, its Services, and its forms or templates are not a substitute for the advice or services of an attorney.
Equa Start strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Equa Start cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Equa Start provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
From time to time, Equa Start may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with Equa Start through the performance of any such services.
This Site and Applications are not intended to create any attorney-client relationship, and your use of Equa Start does not and will not create an attorney-client relationship between you and Equa Start. Instead, you are and will be representing yourself in any legal matter you undertake through Equa Start's legal document service.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Equa Start immediately of any unauthorized use of your account, user name or password. Equa Start shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Equa Start, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
This Site and Applications are owned and operated by Equa Start. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Equa Start or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Equa Start, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Equa Start's intellectual property rights, ther by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Equa Start does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Equa Start. Any rights not expressly granted herein are reserved by Equa Start.
This Site and Applications may contain links to websites controlled by parties other than Equa Start (each a "Third Party Site"). Equa Start works with a number of partners and affiliates whose sites are linked with Equa Start. Equa Start may also provide links to other citations or resources with whom it is not affiliated. Equa Start is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Equa Start makes no guarantees about the content or quality of the products or services provided by such sites. Equa Start is not responsible for webcasting or any other form of transmission received from any Third Party Site. Equa Start is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Equa Start of the Third Party Site, nor does it imply that Equa Start sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Equa Start is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Equa Start grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Equa Start.
Your Content, encryption key and password (together “Your Encrypted Content”) uploaded by You or otherwise submitted to the Service, are stored in an encrypted or non-invertible form. Your Encrypted Content cannot be decrypted or inverted by Equa Start or any third party. Your Encrypted Content can only be decrypted or inverted by you and persons you explicitly share Your Encrypted Content with. However, you agree that Equa Start may collect and store some limited information which is needed to run the Services, such as your contact and billing information, your email address, messages sent to our support team, etc. in a non-encrypted form. You also agree that some third party provided parts of the Services might need different passwords than your Equa Start account password, which may not be stored in a less secure form (referred together as “Non-Encrypted Content”). Equa Start transmits Non-Encrypted Content by using encrypted channels with reasonable care and skills.
You agree that Equa Start may transmit any data to trusted third parties only on a need-to-know basis to provide the Services. We list those trusted third parties at [trusted third parties]. Equa Start states and emphasize that it transmits Your Encrypted Content only in encrypted form, which cannot be decrypted as stated before. You agree that Equa Start may also transmit any data stored by you to a third party, respecting all limitations and statements herein, if Equa Start has a reason to believe that it is required:
Equa Start has no access to your password and there is no way for Equa Start to recover your password. You hereby take note and accept that if your password is lost, Your Encrypted Content is irrevocably lost. Equa Start cannot be held liable if your password is lost and Your Encrypted Content cannot be decrypted. WE STRONGLY RECOMMEND THAT YOU KEEP BACKUPS OF ANY CONTENT ON YOUR OWN SEPARATED SYSTEMS.
By using our Services, Your Encrypted Content will be encrypted using an encryption key which is unknown by Equa Start. You can read Your Encrypted Content only with your password; only known to you. Your Encrypted Content can only be read by other persons if you explicitly share Your Encrypted Content with other persons selected by yourself (“Shared User”).
You are solely responsible and liable for any content you upload, download, share or copy by using our Services or our Platform. You hereby agree and undertake:
You agree that you are fully responsible and liable for all actions related to the Services of your employees, consultants and auxiliaries.
You acknowledge that you are responsible and liable if you use the share functions of the Services and share files and any other content with Shared Users. We warn you and you confirm that you know and accept, that the shared content can be decrypted by Shared Users. So always consider what you share and with whom you share before you share confidential information with other persons. Do carefully check the email address of the person you desire to share your content. If you fail to type the right email address, an unknown and undesired user might get access to your data.
Do not accept share requests, files or any other content from users you do not know, or you do not trust. Equa Start has no responsibility for actions of persons you share data with. In particular, but not limited to, Equa Start is not liable for malware you receive from users you chose to share with.
Equa Start has no control with regard to the content stored and shared by its users using the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
You must keep your password confidential and must not authorize any third party to use the Services on your behalf. You are responsible for all activities in relation to your account. Tresorit is not liable for any loss or damage arising from any unauthorized use of your account. In the event we have reason to believe that an unauthorized person is using your account or any other unauthorized use, Equa Start has the right, at its sole discretion and without prior notice, to suspend or disable your account, or take any action to avoid any unauthorized use. Equa Start may provide you a two-factor authentication, as an extra layer of authentication for your Account. If you turn on such authentication method for your account, Equa Start will not let you access your account without the two-factor authentication. Equa Start strongly advises that you set up multiple methods of two-factor authentication and to immediately revoke the method of authentication for a particular device if you have lost that device.
Equa Start NEVER sends emails asking for your password.
You must contact us right away if you suspect misuse of your account or any security breach in the Services.
Equa Start tries, with reasonable care and skill, to protect Your Content stored and synchronized on your computer by using our Services. You accept that you are solely responsible to maintain, protect, update, secure and backup your computer and your locally stored and synchronized content.
Parts of encryption keys may be stored on your computer (memory or persistent storage), or Equa Start may provide you a printable recovery encryption key. You are responsible for your computer and any copy of your printed or otherwise archived recovery keys. Equa Start may provide you with remote device management, where you can remotely revoke access to your account form any device and/or remotely wipe the data from any device. However, this feature may not be functional in all cases, for example when Your device is not connected to the Internet. Equa Start cannot be held liable if your computer is stolen or hacked and an unauthorized person gets access to Your Encrypted Data by accessing a locally stored copy, or by obtaining un-protected passwords or any encryption keys stored on your computer.
Any dispute, claim or controversy arising out of or related to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement shall first be mediated in good faith under Colorado Law. The prevailing party is entitled to its attorney’s fees, costs, and interest thereon. Judgment on the Award may then be entered in any court having jurisdiction.
You understand and agree that any breach of this Agreement may cause irreparable damage to Equa Start and hereby agrees that Equa Start will be entitled to seek injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction.
Equa Start is not the publisher or author of the User Content. Equa Start takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Equa Start takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If Equa Start's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Equa Start reserves the right to delete those files or to stop those processes. If the Equa Start technical staff suspects a user name is being used by someone who is not authorized by the proper user, Equa Start may temporarily disable that user's access in order to preserve system security. In all such cases, Equa Start will contact the member as soon as feasible.
Equa Start has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Equa Start service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
Attorneys that submit User Content and provide advice do so at their own risk.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant Equa Start a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that Equa Start may use your email address to contact you about the status of your review and other administrative purposes.
THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EQUA START EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EQUA START MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. EQUA START SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD EQUA START AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF EQUA START HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF EQUA START, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Except as may be required in connection with your use of Equa Start Services, Equa Start does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Equa Start through or in association with this Site shall be considered non-confidential and Equa Start's property. By providing such submissions to Equa Start you hereby assign to Equa Start, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Equa Start shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
When accessing Equa Start or using the Equa Start legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Equa Start user account.
Equa Start has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Equa Start or of a third party or that violate intellectual property rights generally. Equa Start's policy is to remove such infringing content or materials and investigate such allegations immediately.
The above written information must be sent to our registered Copyright Agent:
c/o Equa Start LLC
1499 West 120th Ave., Suite 110
Westminster, CO 80234
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Denver, Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
The site is made available for your personal use on your own behalf.
Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
Certain materials on the Equa Start site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
Equa Start aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Equa Start website or otherwise have difficulties using the Equa Start website, email firstname.lastname@example.org and our customer care team will assist you.
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, EquaStart.com, Inc. ALL RIGHTS RESERVED.
Equa Start, Equa, and Equa Cash, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Equa Start. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The media hosts on the Site endorse Equa Start as paid spokespeople in our advertising campaigns.
BY USING EQUA START'S SERVICES OR ACCESSING THE EQUA START SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO EQUA START VIA THE EQUA START SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO EQUA START, AND THAT EQUA START MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
You acknowledge that Equa Start reserves the right to refuse service to anyone and to cancel user access at any time.
Effective Date: May 21, 2019
You must be 18 years or older to access, use, or participate in Equa Rewards.
Equa Rewards is one way in which Equa endeavors to reward and thank loyal Equa Member-Clients. Member-Clients who join Equa Rewards using one of the mechanisms described below (“Equa Rewards Members”) will be able to earn “Equa Cash” that may be redeemed for Equa Rewards benefits (“Rewards”) and may be eligible to receive certain additional benefits.
There are several ways to join Equa Rewards and begin accumulating Equa Cash as described below:
The Equa Rewards registration process may require that you provide the following information: username, password, email address, physical address in the United States, telephone number, birthday, name, and marketing preferences. You may register and have only one (1) Equa Rewards Account that is personal to you. In the case of a business or legal entity, you can only register and have one (1) Equa Rewards Account per business or legal entity. You must provide complete and accurate information in registering your Equa Rewards Account and promptly update that information if it should change.
Your Equa Cash and your Equa Rewards Account may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. Any Equa Cash held in an Equa Rewards Account may not be combined with Equa Cash held in any other Equa Rewards Account.
The Rewards that are available to you through Equa Rewards are based on the amount of Equa Cash that you earn.
You may not earn Equa Cash in connection with certain types of beta or promotional programs.
Generally, Equa Cash is automatically added to your Equa Rewards Account within twenty-four (24) hours of when it was earned.
If you void a payment made to Equa, Equa will deduct the Equa Cash that you earned for that payment, potentially resulting in a negative Equa Cash balance on your Equa Rewards Account.
Equa Cash accrued in your Equa Rewards Account will expire twelve (12) months after the calendar month in which such Equa Cash was earned. For example, if you earn Equa Cash on April 5, 2019, it will expire on May 1, 2020.
The oldest accrued and unexpired Equa Cash will be used first for redemptions. You can view and track your Equa Cash balance and available Rewards, as well as any additional benefits for which you are eligible by using the Equa mobile app.
As an Equa Rewards Member, you are eligible to redeem Equa Cash for Equa services designated by Equa as part of Equa Rewards.
For Equa Cash redemption purposes only, each Equa Cash shall be equal in value to one (1) U.S. Dollar. However, Equa Cash can only be redeemed for Equa services; Equa Cash cannot be redeemed for cash, unless required by law.
As an Equa Rewards Member, you are eligible for the following additional benefits:
Equa reserves the right to change the number and type of additional benefits offered to Equa Rewards Members in its sole discretion at any time.
There are no participation or membership fees associated with Equa Rewards. Equa Cash accrued in connection with Equa Rewards are promotional, have no cash value and cannot be redeemed for cash, and can only be redeemed for Equa services.
Without notice to you, Equa also reserves the right to “unregister” and make ineligible for Equa Rewards any Equa Rewards Account that has been inactive for two (2) consecutive years. Inactivity is defined as no Equa Cash earned during such two (2) consecutive year period. In the event that your Equa Rewards Account is unregistered or rendered inactive, all accrued Equa Cash in your Equa Rewards account will be forfeited.
Equa reserves the right to change, modify, discontinue or cancel Equa Rewards or any part of Equa Rewards, at any time and in its sole discretion, without notice to you.
Please read this “Arbitration” section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of through court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court.
Either party shall be in default of this Agreement if it fails to fulfill any obligation or term by which it is bound and thereafter fails to cure said default within ten (10) days after written notice has been provided to the other party.
If mediation is unsuccessful, the parties may then (but are not required to) file a claim for arbitration with JAMS before a single arbitrator who shall make the final determination as to the arbitrability of the Dispute. The arbitrator shall have no authority to award punitive damages, exemplary damages, moral damages, treble damages or any other penalty or punitive type of damages, regardless of whether such damages may be available under applicable law. The venue for the arbitration shall be Denver, Colorado. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitration hearing shall be conducted in a confidential and private manner, and neither party shall disclose to any third party the fact or content of any matter in dispute or any other matter relating to or disclosed at such arbitration, except (i) to such party's employees, representatives and witnesses, on a need-to-know basis, who agree in writing to maintain such information as confidential, (ii) as required by applicable law, (iii) to the extent essential to obtain a judicial confirmation of an arbitration award hereunder, and (iv) to the arbitrator and the arbitration personnel (provided that they agree to maintain such information as confidential). The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and attorneys’ fees. Judgment on the award may then be entered in any court having jurisdiction.
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Neither you, nor any other Equa Rewards Member, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
EQUA REWARDS IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT EQUA REWARDS AND ITS RELATED INFORMATION AND APPLICATIONS ARE CURRENT AND/OR UP TO DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT EQUA REWARDS, OR YOUR USE OF OR PARTICIPATION IN EQUA REWARDS, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT EQUA REWARDS, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM EQUA REWARDS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OF OR PARTICIPATION IN, OR THE RESULTS OF THE USE OF OR PARTICIPATION IN, EQUA REWARDS EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR PARTICIPATION IN AND USE OF EQUA REWARDS AND/OR ITS RELATED APPLICATIONS, SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER EQUA NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO EQUA REWARDS AND ITS RELATED APPLICATIONS, INFORMATION PROVIDED, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO EQUA REWARDS, ITS RELATED APPLICATIONS, INFORMATION PROVIDED, SERVICES OR ANY LINKED WEBSITE IS TO STOP USING EQUA REWARDS, SERVICE OR LINKED WEBSITE, AS APPLICABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.