Equimobility Terms of Service
Equimobility, Inc. (“Equimobility”, “we”, “our”, or the “Company”) welcomes you (the “User” or “you”) to our website(s) at www.equimobility.com and/or https://dashboard.equimobility.com and/or https://osupcs.com and any additional websites owned and operated by Equimobility (the “Site”) and to our downloadable mobile application (the “App”) and related transportation management and information services (collectively referred to as the “Service”, as further detailed below).
By entering, connecting to, accessing or using the Service, you acknowledge that you have read and understood the following terms and conditions, including the terms of our Privacy Notice available at https://privacy_notice.equimobility.com (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract between Equimobility and you. These Terms of Service are a legally binding contract between you and Equimobility regarding your use of the Service.
In the event that you choose to use other Equimobility Services you shall also be subject to the Terms and Conditions, as shall be provided in connection with such additional services. In each such case such additional terms shall be considered as part of these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT, CONNECT, ACCESS, DOWNLOAD, OR USE THE SERVICE IN ANY MANNER.
By acceptance of the Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited.
You further consent to receive communications from us electronically. We may communicate with you a variety of ways, such as by e-mail, in-app push notifications, or by notices and messages on the Site. You may revoke your consent to any individually targeted communications at any time.
1. Equimobility Service
PLEASE NOTE: THE APP AND THE SITE MAKE USE OF DETAILED LOCATION AND ROUTE INFORMATION, INCLUDING IN THE FORM OF GPS SIGNALS AND OTHER INFORMATION SENT BY YOUR MOBILE DEVICE ON WHICH THE SERVICE IS ACTIVATED. CERTAIN FEATURES OF THE SERVICE CANNOT BE PROVIDED WITHOUT THIS TECHNOLOGY. THIS IS DESCRIBED IN FURTHER DETAIL IN THE EQUIMOBILITY PRIVACY NOTICE https://privacy_notice.equimobility.com.
Equimobility provides Users with a mobile application platform and web services enabling Users to plan and optimize transportation trips. This may include providing Users with private and/or public transit related information, including live, offline and online map information, line and stop (or station) views, routing, live arrivals and departures, estimated times of arrival and service alerts. It also includes relevant information from private and public agencies in Equimobility-supported communities including location of transit stops, name of transportation agency, timetable and frequency of transportation routes, delivers transportation-related alerts and User advisories, as well as information regarding points of reference and points of interest in the vicinity. Equimobility further offers a cloud-based platform for contribution of transit related data and information, including real-time and other user generated crowd-sourced data and information, as well as data from other transit related Services and other alternative transportation methods, all in order to assist Users to plan and optimize transportation trips. (collectively, the “Transit Information”).
Equimobility also integrates, provides and collaborates with third party providers to provide, additional transit and transit-related services, including on-demand transit services such as taxi-ride platforms and service providers, public bike-sharing services, car-on-demand rental services and related payment services. As part of the Public Transit Information Equimobility also delivers to Users information about such third-party transit-related services. Equimobility continuously updates its Service with new offerings of new transportation means and transit related services and features, some of which may be experimental and/or offered in limited locations.
Your use of the additional transportation and transportation-related services, including on-demand transportation services is subject to the terms of use of the third-parties who provide such services.
PLEASE NOTE: EQUIMOBILITY COLLABORATES WITH AND PROVIDES INFORMATION ON THIRD PARTY TRANSPORTAION SERVICES PROVIDERS VIA THE SERVICE. SUCH THIRD-PARTY PROVIDERS ARE INDEPENDENT FROM THE SERVICE AND EQUIMOBILITY IS IN NO WAY RESPONSIBLE FOR, LIABLE FOR, NOR MAKES ANY REPRESENTATIONS ON BEHALF OF, SUCH THIRD-PARTY PROVIDERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT EQUIMOBILITY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS WHATSOEVER CAUSED, OR ALLEGED TO BE CAUSED, BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY GOODS, SERVICES, CONTENT, PRODUCTS OR OTHER MATERIALS AVAILABLE ON OR THROUGH ANY EQUITABILITY SITES OR SERVICES.
2. Accounts
You may, in your discretion, choose to create an account with Equimobility via your account using your private email or with third-party social networks, such as Facebook or Google (“User Account”). Creating a User Account is not necessary for the use of the Equimobility Services, except that it might be required in order to enjoy specific features of the Equimobility Services.
Creating a User Account will allow you to retrieve (e.g. when downloading the Application on a different device) the following information: home address, office address or other favorite destinations, private and/or public transportation lines and stops and/or routes you may have saved, data reports provided by you as part of your User Content (as defined below), your in-app settings, your rank and user profile including your nickname, picture or avatar, and other in-app usage services (“Account Settings and Preferences”) you receive for using the Services (“User Information”). By creating an Account via third party social network such as Facebook or Google, you grant Equimobility access to your public profile on such third-party services. Equimobility’s collection and use of your User Information as well as additional information about your travel habits which Equimobility may collect, as set forth and subject to the Equimobility’s Privacy Notice available at https://privacy_notice.equimobility.com.
You are solely responsible for maintaining the confidentiality of your Account. You agree to accept responsibility for all activities that occur under your Account. You are required to create a password and if you have reason to believe that your email, social network account, and/or your Equimobility Account is no longer secure, then you must immediately notify us at support@equimobility.com and the relevant service provider.
3. Eligibility
You must be at least sixteen (16) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least sixteen (16) years of age; and (ii) if the User of the Services is under the age of sixteen (16) or is under the age of legal eligibility and capacity in the jurisdiction applicable to such User you hereby confirm that you are the legal guardian of the User and both you and the User have read and agreed to these Terms and approved of the User’s continued use of the Service subject to these Terms; (iii) that you have not previously been suspended or removed from the Service; and (iii) that your use of the Service is in compliance with any and all applicable laws and regulations.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
4. User Representations and Undertakings
You represent and warrant at all times throughout your use of the Site and/or App that: (i) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents it from fulfilling its obligation under this Agreement; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to it and the Service; (iii) your use of the Service has not been previously blocked, suspended or terminated; (iv) you do not authorize a third party to do any of the foregoing; and (v) you will not infringe or violate any of the Terms.
5. Use Restrictions
There are certain conducts, which are strictly prohibited on and/or with respect to the Site and/or App. Your failure to comply with the provisions set forth below may result (at Equimobility’s sole discretion) in the termination or suspension of your access to the Site and/or App and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Service (or any part thereof); (ii) use the Service and/or in connection with any spam, unsolicited mail, harassment, wire fraud or similar conduct; (iii) interfere with or violate any other User or other third party’s right to privacy or other rights including intellectual property rights, or harvest or collect personally identifiable information about any Users of the Service without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (iv) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (v) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) interfere with or disrupt the operation of the Service, or the servers or networks that host the Service, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (vii) sell, license, or exploit for any commercial purposes any use of or access to the Service; (viii) frame or mirror any part of this Site without Equimobility’s prior express written authorization; (viv) create a database by systematically downloading and storing all or any of the content from the Service; (x) impersonate any person or entity or provide false or misleading personal information; (xi) use the Service for any illegal, immoral or unauthorized purpose; (xii) use the Service for non-personal or commercial purposes without Equimobility’s express prior written consent.
6. User Generated Content
Certain features of the Service may permit Users to post and edit content, nickname, map data, transit related data, text, photos, report data gaps or errors and other types of works (collectively, “User Content”) and to publish User Content on the Service. Please ensure that when you use the Service, you respect the rights of others including any intellectual property, other proprietary rights and privacy rights of third parties who may have an interest or right in connection with the User Content you upload and/or provide to the Equimobility or the Service. Equimobility will not bear any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with uploading any User Content. Some User Content may only be contributed by you if you have created a User Account.
You hereby further acknowledge and agree that the User Content is non-confidential. You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such User Content, on the Service, in any way. You hereby warrant that your User Content is true, current, accurate and complete.
You represent and warrant that you are the rightful owner of the User Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Content and/or the subjects of such User Content (e.g. individuals appearing in any photos uploaded by the User, if such subjects’ consent is required under applicable laws) and that such User Content does not infringe any third party’s intellectual property rights or other rights, including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights.
IT IS THE USER’S SOLE RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER CONTENT, INCLUDING WITH RESPECT TO THE UPLOADING OF ANY PHOTOS AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.
Without derogating from the above, you expressly agree that the User Content that you post or upload will not include (i) any spam, unsolicited promotions, advertising, contests or raffles; (ii) content which is unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (iii) content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (iv) content that encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; or (v) content that might reasonably pose a risk to a person’s safety, security or health. The above examples of unlawful and prohibited User Content do not constitute an exhaustive list.
Equimobility is under no obligation to edit or control User Content that you or other Users post or publish, and will not be in any way responsible or liable for User Content. Although Equimobility has no obligation to screen, edit or monitor any of the User Content, Equimobility explicitly reserves the right, at its sole discretion, to remove, edit, or block without giving any prior notice, any User Content available on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post on the Service at your sole expense.
If notified by a User or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Equimobility does not permit copyright-infringing activities on the Service.
When you upload, post, publish or make available any User Content on the Service, you grant to (i) Equimobility an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub- licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Content, along with the User Contacts that you submit in connection with such User Content, in connection with the Service, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the Service has a non-exclusive and royalty-free license to access your User Content through the Service and to use such User Content for personal and non-commercial purposes. Equimobility shall not bear any liability for any use by any third party of the User Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Content.
You acknowledge and understand that Equimobility may, at its sole discretion, delete or remove any of your User Content made available on the Service. You are solely responsible for the storage of your User Content. For further clarification, Equimobility
7. Feedback
In the event that User provides Equimobility with any suggestions, comments or other feedback relating to Site, Service and/or Public Transit Information (collectively, “Feedback”), such Feedback is deemed at the incipiency the sole and exclusive property of Equimobility and User hereby irrevocably assigns to Equimobility all of its rights, title and interest in and to all Feedback, if any, and waives any moral rights to it (or anyone on its behalf) may have in such Feedback. Without derogating from the foregoing, User hereby represents and warrants that it shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform Equimobility as soon as it becomes aware of any third party right or limitation which may apply to Feedback already provided.
8. Privacy Notice
Equimobility respects your privacy and is committed to protect the information you share with it. Our policy and practices and the type of information collected are described in our Privacy Notice available at https://privacy_notice.equimobility.com. If you intend to connect to, access or use our Services you must first read and agree to the Privacy Notice.
9. Intellectual Property Rights
The Service, the User Content, the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, Equimobility’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Equimobility, and are subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Equimobility’s proprietary rights, including Equimobility’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
All logos and other proprietary identifiers used by Equimobility in connection with the Service, (“Equimobility Trademarks”) are all trademarks and/or trade names of Equimobility, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to Equimobility Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Equimobility Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Equimobility and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Equimobility marks and logos, whether registered or not.
10. Third Party Services
The Service may be linked to and/or through certain third-party websites and other third-party services (collectively, “Third Party Services”). Such Third-Party Services are independent from the Service. You hereby acknowledge that Equimobility has no control over such Third-Party Services, and further acknowledge and agree that Equimobility is not responsible for the availability of Third-Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third-Party Services.
You further acknowledge and agree that Equimobility shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third-Party Services. Most Third-Party Services provide legal documents, including terms of use and privacy policy, governing the use of each such Third Party Services, their contents and services. We encourage you to read these legal documents carefully before using any such Third-Party Services.
11. Third-Party Components
The Service may use or include third party software, files and components that are subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third-Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third-Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail only in connection with the related Third-Party Components. These Terms do not apply to any Third-Party Components accompanying or contained in the Service and Equimobility disclaims all liability related thereto. You acknowledge that Equimobility is not the author, owner or licensor of any Third-Party Components, and that Equimobility makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third-Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third-Party Components contained therein) be deemed to be “open source” or “publicly available” software.
12. Additional Equimobility Services
Each User, using the below-mentioned services, shall ensure that it shall have in full force a written agreement (in the form of terms of use, terms of service of otherwise) with its end users governing the relationship between the User and the end user, which contains adequate disclosures and obtains all rights, authority permissions, approvals and informed consents from such ends users, in accordance with applicable law and with Equimobility’s Privacy Notice, to permit Equimobility to perform its Service including the access, storage, collection analysis, processing, display transfer, and other use, of the end user’s data for the purpose of providing the Service.
Equimobility for App Developers: If you are a developer of a mobile application and choose to connect your application to Equimobility, you may only do so in the manners authorized by Equimobility and subject to these Terms. You shall be solely responsible, at your own expense, for the development, operation and maintenance of any connected services, including posted notices, disclaimers, terms of use and applicable privacy notices.
Website Developers: If you are a website developer and choose to connect your website to Equimobility, you may do so only in manners authorized by Equimobility and subject to these Terms. Any such link shall be in accordance with the Developers instructions and guidelines provided by Equimobility. You shall be solely responsible, at your own expense, for the development, operation and maintenance of any connected links, including posted notices, disclaimers, terms of use and applicable privacy notices.
Equimobility API: Equimobility may, at its sole discretion, offer you a connection to the Equimobility Service via an API subject to separate terms and conditions which may be made available from time to time.
Equimobility may, at its sole discretion, request that any User, using the additional services referenced above, to remove such link or other connection with Equimobility at any time whatsoever. Furthermore, you shall not be entitled to any consideration for the use of the additional services unless otherwise explicitly agreed to by Equimobility.
13. Availability
The Service availability and functionality depends on various factors, such as communication networks software, hardware, and Equimobility’s service providers and contractors. Equimobility does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
14. Changes to the Service
Equimobility reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Service (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Equimobility shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.
15. Disclaimer and Warranties
USER ACKNOWLEDGES BY AGREEING TO THE TERMS HEREIN THAT EQUIMOBILITY (AND ITS AFFILIATES) PROVIDE NO WARRANTIES AS TO THE PERFORMANCE, CORRECTNESS, FUNCTIONALITY OR SUITABILITY OF THE SERVICE FOR ANY PARTICULAR PURPOSE. EQUIMOBILITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SERVICE. THE SERVICE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON- INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
EQUIMOBILITY AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “EQUIMOBILITY”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICE.
EQUIMOBILITY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. EQUIMOBILITY MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
16. Limitation of Liability
IN NO EVENT SHALL EQUIMOBILITY AND/OR ANY OF THE EQUIMOBILITY AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR EQUIMOBILITY’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF EQUIMOBILITY AND/OR ANY EQUIMOBILITY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL EQUIMOBILITY’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO EQUIMOBILITY FOR USE OF THE SERVICE IN THE PRIOR THREE (3) MONTHS TO THE EVNT IN QUESSTION. IF YOU HAVE NOT MADE ANY PAYMENTS TO EQUIMOBILITY FOR THE USE OF THE SERVICE, THEN EQUIMOBILITY SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
17. Indemnification
You agree to defend, indemnify and hold harmless Equimobility and any Equimobility Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: (i) your use of the Service (or any part thereof); (ii) breach of any term of these Terms by you; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Service; (iv) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Service (including but not limited to obtaining consents from the requisite parties); and (v) your violation of any applicable law or regulation.
18. Amendment of Terms
Equimobility may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Notice at: https://privacy_notice.equimobility.com. Substantial changes of these Terms will be first notified on the Service regarding such changes to the email address that is registered under your Account. Such substantial changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of twenty-one (21) days as of the date stated as “Last Updated”, and your continued use of the Service after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.
19. Termination of Service
At any time, Equimobility may block your access to our Service and/or temporarily or permanently limit, suspend or terminate your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to Equimobility under any applicable law. Such actions by Equimobility may be taken if Equimobility deems that you have breached any of these Terms in any manner.
Additionally, Equimobility may at any time, at its sole discretion, cease the operation of our Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Equimobility does not assume any responsibility with respect to, or in connection with the termination of our Service’s operation and loss of any data. The following provisions shall survive the termination or expiration of the Terms: Section 4 (User Representations and Undertakings); Section 5 (Use Restrictions); Section 6 (User Generated Content): Section 7 (Feedback); Section 8 (Privacy Notice); Section 9 (Intellectual Property Right); Section 10 (Third Party Services); Section 11 (Third Party Components); Section 15 (Disclaimer and Warranties); Section 16 (Limitation of Liability); Section 17 (Indemnification); Section 19 (Termination of Service); and Section 21 (General).
20. Misconduct and Copyright Agent
We care for your safety and well-being. If you believe a User, including Third Party Providers, acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behavior ore content, please report immediately such person to the appropriate authorities and to us.
The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit the Company to locate the material (including URL address or screen capture of such infringing activity); (iv) information so that the Company can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company’s Copyright Agent can be reached at support@equimobility.com .
21. General
These Terms do not, and shall not be construed to create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Service or use of the Service will be governed by and interpreted in accordance with the laws of the State of Ohio, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site and/or the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Franklin County, Ohio. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Equimobility’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Equimobility relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Equimobility. Notices to you may be made via email or regular mail. Our Service may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22. Contact
If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: support@Equimobility.com
By contacting us, you represent that you are free to do so and that you will not knowingly provide Equimobility with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Equimobility, and Equimobility may use or refrain from using any such information at its sole discretion.
[Last Updated: April 17, 2019]