EQUITAG LLCTM Terms and Conditions of Use
Effective as of August 15, 2014
Changes to the Agreement
EQUITAG may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and/or continued use of the EQUITAG Software Application after such notification of changes to this Agreement will constitute your acceptance of such changes.
Grant of license
You are granted a limited, non-exclusive, revocable license to make use of the EQUITAG Software Application. You do not have a right to transfer or sublicense your rights under this Agreement. Third party components included in the EQUITAG Software Application are licensed to you either under this Agreement, or under the relevant third party component license terms, as applicable, and published in the help section of the EQUITAG Software Application.
Fees and Services for Online Access
EQUITAG offers a range of products, each of which is accompanied by a subscription plan. All EQUITAG plans are prepaid plans or free usage upon registration. Upon registration for free usage, credit card information is not required. All paid plans, including subscriptions are available on annual or monthly pre-paid, non-refundable contracts. Contracts denoted as “perpetual” will renew annually as a free usage plan. All service upgrades are effective immediately, while downgrades are effective as of the next renewal date. EQUITAG may change its fee structure and/or provide an upgrade service at any time with notice, in which case new rates will be in effect as of the next renewal period.
Returns and Exchanges
EQUITAG ID tags
Unopened or damage-free ID tags (where "damage-free" is defined as ID tags that have never been used [i.e., affixed to animal or object] and all protective coating remains in tact) that have been damaged or printed incorrectly may be exchanged for new ID tags no later than 15 days after receipt of the tags. EQUITAG may replace damaged ID tags with new identification numbers and corresponding QR-Codes, in which case animals associated with the damaged ID tag will be assigned the new ID by EQUITAG.
EQUITAG Subscriptions for Online Access
All subscriptions to online content are prepaid (see "Fees and Services"
above). We do this to ensure that each ID tag and its corresponding data repository online is unique and NEVER before issued to another company/person. EQUITAG cannot recover or reassign allocated web resources (such as dedicated URLs) or ID tags; thus all sales are final. TEST THE EQUITAG SYSTEM BEFORE PURCHASING. EQUITAG provides demonstration animal profiles so that users can test the system before they purchase a subscription. Be sure to test the system on all devices that you plan to use with respect to your animals (e.g., desktop, tablet, mobile)
Restrictions of use
For the avoidance of doubt, you agree that you may not (without limitation):
- copy, reproduce, make available to the public or otherwise use any part of the EQUITAG Software Application or its content in a manner not expressly permitted under this Agreement;
- sell or attempt to sell any invite to access the EQUITAG Software Application, or resell any code or discount coupon used to access the EQUITAG Paid Service;
- provide your password to any other person or use any other person's user name and password;
- reverse-engineer, decompile, disassemble, modify or create derivative works based on the EQUITAG Software Application or any part thereof;
- obscure or disable any element of the EQUITAG Software Application;
- embed the EQUITAG Software Application in a third party website using any mechanism other than the embed code supplied by EQUITAG;
- circumvent any technology used by EQUITAG, its licensors, or any third party to protect content accessible through the EQUITAG Software Application;
- rent or lease any part of the EQUITAG Software Application;
- use the EQUITAG Software Application in a way that violates the terms of this Agreement;
- circumvent any territorial restrictions applied by EQUITAG;
You also acknowledge and agree that EQUITAG may remove or reclaim your username or EQUITAG ID and corresponding data associated with your profile and animal profiles at any time if EQUITAG in its absolute discretion considers such action appropriate.
EQUITAG does not allow any of the following content, or links to such content, to be published on the Service:
- Content of a pornographic, sexually explicit, or violent nature.
- Content of an illegal nature (including stolen copyrighted material).
- Pirated software sites, including cracking programs or cracking program archives.
- Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Users posting any of the above content on their sites will be notified using the User's current email address on file, and given a 24 hour grace period to make any corrective actions. If no corrective actions are taken, EQUITAG will suspend the services of the member account until a resolution is met between EQUITAG LLC and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
In addition, EQUITAG does not allow any of the following:
- Users may not use the EQUITAG Software Application as a remote storage server only;
- Users may not access the EQUITAG Software Application through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden;
- Users may not upload individual files larger than 6MB. EQUITAG reserves the right to refuse to host any downloadable file.
- Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the EQUITAG Software Application.
- Users may not send unsolicited messages (also known as junk mail or SPAM) to other users of the EQUITAG Software Application.
Users are not permitted to knowingly allow another website or hosting server to link to content files stored on EQUITAG's servers. Users deemed to be using EQUITAG solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed. The final choice of whether an account is in violation of any of these policies is at the sole discretion of EQUITAG. Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
Advertising and use of computational resources
As consideration for your rights under this Agreement, you agree that (i) EQUITAG and its business partners have a right to provide advertising and other information to you, and that (ii) EQUITAG has a right to allow the EQUITAG Software Application to utilize the processor, bandwidth and storage hardware on your computer, mobile device, or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the EQUITAG Software Application, and to facilitate the operation of the network on which the EQUITAG Software Application runs.
If you have any questions concerning the EQUITAG Software Application or this Agreement, please contact EQUITAG customer support by visiting the “support” section of the EQUITAG website.
Term and termination
This Agreement will become effective in relation to you when you create an EQUITAG account or when you start using the EQUITAG Software Application and will remain effective until terminated by you or EQUITAG. EQUITAG reserves the right to terminate this Agreement or suspend your EQUITAG account at any time in case of unauthorized, or suspected unauthorized use of the EQUITAG Software Application whether in contravention of this Agreement or otherwise. If EQUITAG terminates this Agreement, or suspends your EQUITAG account for any of the reasons set out in this section, EQUITAG shall have no liability or responsibility to you
In no event shall EQUITAG, its affiliates, officers, directors, employees, licensors or any third parties be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the EQUITAG Software Application (including but not limited to its content), the Third Party Applications or the Third Party Application Content, even if you have advised EQUITAG about the possibility of such loss, and including any damages resulting therefrom.
Your only right with respect to any problems or dissatisfaction with the EQUITAG Software Application, the Third Party Applications or the Third Party Application Content is to stop using the EQUITAG Software Application.
Nothing in this Agreement removes or limits EQUITAG's liability for fraudulent misrepresentation, death or personal injury caused by its negligence.
You agree to indemnify and hold EQUITAG and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
EQUITAG respects intellectual property rights, and expects you to do the same. Please note therefore that the EQUITAG Software Application and the content provided through it is the property of EQUITAG or EQUITAG's licensors and protected by intellectual property rights (including but not limited to copyright and trademark) and that you do not have a right to use the EQUITAG Software Application (including but not limited to its content) or logo in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using the EQUITAG Software Application.
Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the EQUITAG Software Application.
Technology limitations and modifications
EQUITAG will make reasonable efforts to keep the EQUITAG Software Application operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. EQUITAG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the EQUITAG Software Application with or without notice.
Assignment by EQUITAG
EQUITAG may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
Governing law and disputes
This Agreement shall be governed and construed in accordance with the laws of the USA in the state of Ohio.
English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
Copyright © 2014 EQUITAG LLC. All rights reserved.
EQUITAG LLC, Avon Lake, Ohio
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