TERMS OF SERVICE:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Equip, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your www.equipproducts.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Equip may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Equip liability. You must immediately notify Equip of any unauthorized uses of your blog, your account or any other breaches of security. Equip will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Equip or otherwise.
By submitting Content to Equip for inclusion on your Website, you grant Equip a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Equip will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Equip has the right (though not the obligation) to, in Equip's sole discretion (i) refuse or remove any content that, in Equip's reasonable opinion, violates any Equip policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Equip's sole discretion. Equip will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
By selecting a product or service, you agree to pay Equip the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Unless you notify Equip before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Equip in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Equip the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Equip reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Equip.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Equip to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free www.equipproducts.com services. All support will be provided in accordance with Equip standard services practices, procedures and policies.
- Responsibility of Website Visitors. Equip has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Equip does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Equip disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.equipproducts.com links, and that link to www.equipproducts.com. Equip does not have any control over those non-Equip websites and webpages, and is not responsible for their contents or their use. By linking to a non-Equip website or webpage, Equip does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Equip disclaims any responsibility for any harm resulting from your use of non-Equip websites and webpages.
- Copyright Infringement and DMCA Policy. As Equip asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.equipproducts.com violates your copyright, you are encouraged to notify Equip in accordance with Equip's Digital Millennium Copyright Act ("DMCA") Policy. Equip will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Equip will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Equip or others. In the case of such termination, Equip will have no obligation to provide a refund of any amounts previously paid to Equip.
- Intellectual Property. This Agreement does not transfer from Equip to you any Equip or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Equip. Equip, www.equipproducts.com, the www.equipproducts.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.equipproducts.com, or the Website are trademarks or registered trademarks of Equip or Equip's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Equip or third-party trademarks.
- Advertisements. Equip reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Equip reserves the right to display attribution links such as 'Blog at www.equipproducts.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, durability, title, non-infringement, quiet enjoyment, data accuracy, and system integration.
In no case shall Equip Products, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In the event that, notwithstanding the foregoing exclusions of liability, Equip Products or any of our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors is liable to you for any amounts under these terms of service under any theory of recovery, whether based on contract, tort, strict liability or otherwise, our (or our affiliates’, directors’, officers’, employees’, agents’, contractors’, interns’, suppliers’, service providers’ or licensors’) total liability shall not exceed the lesser of the amount of one hundred dollars ($100.00) or the amounts we actually received from you for Equip Products services or goods in the twelve (12) months immediately preceding the date of the claim. Any claim or cause of action arising out of or related to the use of our services or any portion thereof must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of laws.
Termination. Equip may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.equipproducts.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Equip if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Equip's notice to you thereof; provided that, Equip can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Equip and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Equip nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Equip, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Equip under this agreement during the twelve (12) month period prior to the cause of action. Equip shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Equip, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Equip and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Equip, or by the posting by Equip of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Madison County, Il. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Madison County, Il , in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Equip may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Additional Section: Assumption of Risk
Equip Products encourages users to participate in certain physical activities. By using an Equip Products product or service, or participating in such activities, you are agreeing that you have carefully read and agreed to these terms. You further acknowledge and agree that you understand the safety hazards, risks, dangers, and potential for injury associated with any physical or recreational activity. You further acknowledge and agree that you are in good health and physically fit to participate in the activities made available through Equip Products, that you have not been advised of any adverse health conditions by a physician, medical practitioner, or other health care provider, that you will not participate in any of the activities made available through Equip Products’ goods and services under the influence of alcohol, drugs, or anything that could impair your ability to safely engage in the activities, and that you will only use Equip Products’ goods and services in accordance with their recommended uses and heed any warnings associated with all Equip Products goods and services. By using Equip Products services, or physically participating in such activities, you agree to assume the risks associated with such activities. To the extent permitted by applicable law, you forever release, waive, and discharge us, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors from any and all liability for loss or damage, and for every claim or cause of action of any kind including, but not limited to, bodily injury, death, or property damage arising out of your participation in the physical activities described by Equip Products.
Additional Section: Health and Safety Warning
You understand that Equip Products services are intended to be used in connection with athletic and fitness activities. You expressly agree that engaging in athletic or fitness activities as part of the Equip Products services carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or in party by the action, inaction, or negligence of Equip Products or others. You also expressly agree that Equip Products does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, competition, contest, group interaction, gathering or event that utilizes the services.
You should consult your physician, medical practitioner, or other health care provider before engaging in any of the physical activities recommended by Equip Products to assess your ability to safely engage in such activities. You should not engage in any of the activities recommended if you have any medical conditions where exercise could induce adverse effects. If you are pregnant, diabetic, have a heart condition, or have any injuries, disabilities, or other medical condition, you certify that you have permission from your physician, medical practitioner, or other health care provider to begin an exercise program. You certify that you will start slowly and take care not to exceed your capabilities when exercising. You should immediately stop any activity that causes you to become dizzy, dehydrated, or otherwise affects your body’s ability to function normally. You should always wear recommended safety equipment when participating in any recommended activity. Failure to do so may result in injuries. You agree and understand that if you are injured while exercising, you will be solely responsible for all medical costs, damages, and out-of-pocket expenses, and any claims must be satisfied through your personal health insurance or assets.
Additional Section: Medical Liability Disclaimer
The material contained in the Equip Products sites and services is provided for educational and informational purposes only and is not intended as medical or nutritional advice. The information contained in the Equip Products site should not be used to diagnose or treat any illness, metabolic disorder, disease or health problem. Always consult your physician, medical practitioner, or other health care provider before beginning any nutrition or exercise program. Use of the programs, advice, and information contained in the Equip Products site is at the sole choice and risk of the user.