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Privacy Policy & Terms of Use

Privacy Policy

Here at The Equity App (“The Equity App,” “we,” “our,” or “us”) we care about transparency (especially pay transparency). Effective as of February 15, 2022, we have updated our Privacy Policy to improve transparency with our visitors and users and share with you (in hopefully a non-lawyerly way) what information we collect and how we use that information when you visit our Websites, access or use our products or services, or attend any of our webinars, demonstrations, or events (together, “Services”). For purposes of this Privacy Policy, “Website” collectively refers to theequity.app (The Equity App) and other websites or applications that we operate or that link to this Privacy Policy.

Information We Collect

Our main purpose for collecting personal information is develop empirical evidence of the racial pay gap, and to provide otherwise unavailable and unimpeachable information to meet the compensation needs of our users. We collect personal information from you when you provide data while using our Services or from third-parties, such as your employer who may purchase a Service.

We collect personal information from you when you:

  • Register @The Equity App: If you register for an account to zap the gap, we will ask for your identifiers such as your email address, a password,  detailed professional and employment related information, like your education and employment history, and your salary and compensation information. You also will have the option to provide your name post registration. After you create an account at The Equity App, you are no longer anonymous to us.
  • Purchase our Services: If you, at any point, choose to purchase Equity App paid Services or Content, or register to attend any of our webinars or events, we will collect personal and commercial information from you necessary to process such purchase or registration, such as your financial information (like your credit card number and billing address) and we will retain a history of your purchases in our records.

We may collect personal information about you when you interact with our Services:

  • Log Information: We may receive and record electronic networking activity information about your interactions with our Services, such as your computer information, connection information, like your IP address, The Equity App cookie information, and the page(s) you visited.
  • Usage Data: We may also collect usage data, such as when you last logged in, what pages you viewed, links you clicked, collected by cookies about the pages viewed, links clicked, and other actions taken when accessing our Services.

We collect information about you from third-parties when:

  • You connect third-party services to our Services: When you choose to connect third-party services or accounts with your The Equity App account or our other Services, we may receive information about you from that third-party provider. For example, if you choose to connect your LinkedIn, Twitter, or Facebook account to our Services, we will receive your profile information from such account.

Does The Equity App use cookies and similar technologies?

Yes, we do. Cookies and similar technologies help us deliver our Website and Services so that they work correctly and are delivered in a way that is valuable to our visitors and users. Cookies are small text files that are automatically placed on your computer or mobile device when you visit a web site. They are stored by your Internet browser. Cookies contain basic information about your Internet use. Your browser sends these cookies back to a web site every time you revisit it, so it can recognize your computer or mobile device and personalize your experience. If you want to learn more about cookies, or how to control, disable, or delete them, check out www.aboutcookies.org. For Google Analytics Advertising Features, you can opt-out through Google Ads Settings. In addition, there are various popular products that provide privacy plugins such as Ghostery and AdBlock Plus. Note that if you choose to delete or disable any cookies, our Website or Services may not function properly and your access to some parts of our Website or Services may be degraded or restricted.

How We Use Information

The Equity App uses your personal information to provide, support, and develop our Services, which includes the following purposes:

  • Provide you with Services you requested: We will use the personal information you’ve provided to give you access to the Website and Services you have requested, which includes providing aggregate data and average compensation information to generate personalized compensation reports for our users and an anonymous crowdsourced salary database which can be used to evaluate pay equity amongst a variety of industries.
  • Send you Service communications: Service-related announcements will be sent to you when necessary. For instance, we might send you an email to reset your password or if a Service is temporarily suspended for maintenance. You may not opt-out of these communications because they’re not promotional in nature (we also hope you don’t consider these messages Spam).
  • Inform you about new Services: We are in the building phase and want to let you know when new services or products become available. You may receive marketing communications from us about our Services, practical guidance about salaries, careers, or our events. For example, if you sign-up for an account on The Equity App, but do not wish to receive any marketing emails from us, you can subscribe or unsubscribe from receiving certain types of emails through the email settings of your account. You may also opt-out of receiving these communications by clicking the unsubscribe link provided in each communication and following the instructions provided.
  • Develop Crowdsourced Data: If you choose to submit any data through The Equity App platform, the data you input will be used to develop an anonymous and aggregated salary database we call “Crowdsourced Data.” We leverage this sampling of information to generate and provide insights into the controlled and uncontrolled racial pay gap.
  • Personalize the content and experience on our Websites and Services: Our Services offer you pay transparency and the opportunity to connect with others in your industry, with your educational background and experience, and in your locality. We use the data we have about you (e.g., data we collect through registration), to personalize our Services for you, such as by recommending that you connect, anonymously, with similarly-situated users, and notifying you of pay inequities that may impact you.
  • Comments to posts: If you post a comment, any information submitted may be removed by us in our discretion, but we do not guarantee that any information you choose to post will be removed (visitor comments are not actively monitored). Information you post may be viewed, collected, or used by The Equity App (for example, to improve our Services) or other visitors, and could be used to send you unsolicited messages. We are not responsible for the information you or other visitors choose to post on a Website or Service.
  • Customer Support: If you send us a request for assistance regarding any Service issues (e.g., bugs), we use your data such as your contact information and the contents of your communications with us to respond, investigate, and resolve the Service issues and improve our Services to prevent the reoccurrence of such issue.
  • Non-Identifiable Insights: We use data to generate insights about our Services that do not identify you. For example, we may use your data to generate statistics about how many visitors visited our Website, created salary profiles during a given month, or share a breakdown of the number of salary profiles we possess by location, profession, or industry.
  • Security, Fraud, and Other Investigations: We use data for security, fraud prevention, and other similar investigations. We use your data (including, your contact information and the contents of your communications) for security purposes or to prevent or investigate possible fraud or other violations of our terms of use or attempts to harm other visitors or users, our customers or partners, or our Services generally.
  • Other Business Purposes: We may use your personal information to operate our Websites and Services (e.g. process payment) or undertake tasks for legitimate business purposes. We will disclose the purpose of our use at the time of data collection.

How We Share Information

We occasionally share personal information collected from individuals or their employers with third-parties for various business and commercial purposes, such as the following:

  • Service providers: We use third-party providers, products and services to run our business and to provide you with the Equity App Products (as defined in our Terms of Use). These third parties provide us services such as data storage, data analytics, marketing, accounting, and legal services. If we share information with a service provider, the information shared is limited to what’s relevant to such provider’s service, such provider’s use of the information must follow our obligations under this Privacy Policy or our agreement with you (if they receive information about you), such provider must agree to appropriate confidentiality and data privacy and security obligations in our contracts with them, and we are responsible for such provider’s failure to do so unless we can show we are not responsible.
  • Sharing Website content through social media or email: If you share content from our Website or Service to others through a third-party operated social media or email service (including, through Facebook, LinkedIn, Instagram, or Twitter plugins), you understand that we track when our content is shared and that your sharing is subject to the terms of use and privacy policy of the third-party provider of such service.
  • Partners and joint service offerings: We may share relevant information with our partners (such as sponsors or co-organizers of our events or our referral and resale partners) or other third-parties with whom we jointly offer related services, or have integrated their respective services with Equity App Products.
  • Sale of our business: If we sell our assets to or merge with another company or file for bankruptcy, information we receive from you through Equity App Products, are considered assets of The Equity App and may be shared and transferred accordingly. If another company buys us or a part of our business, we will have the right to continue to use your data and information in the manner set out in this Privacy Policy unless you agree otherwise.
  • Legal disclosures: We reserve the right to disclose your personal data and other information solely to the extent required by applicable laws and when we believe disclosure is necessary to protect our rights (including, but not limited to, intellectual property rights) or to comply with our legal obligations, a judicial proceeding, court order, or other legal process.
  • Other The Equity App users: We share non-personally identifiable information in an anonymous and de-identified form with other Equity App Product users and our customers. For example, you may see an anonymous profile that includes the job title, years of experience, and salary information of another The Equity App user with a similar profile as you.

Your Rights and Obligations

What rights do I have over my account Information and preferences?

You can edit your registered account on The Equity App including your information and preferences at any time. If your information changes, you may delete, correct, or update it by making the change in your The Equity App account settings on your own. We retain the personal data you provide while your The Equity App account is in existence or as required to provide, operate, and maintain the Website and Services.

Are you located outside of the United States?

The Equity App is located and headquartered in the United States (U.S.) and our Equity App Products are hosted in the U.S. If you are visiting or providing information from a country outside of the U.S. with laws governing data protection, collection, or use that may differ from U.S. laws, note that you are transferring your data to the U.S., which may have different data protection laws. By providing us your personal data through your use of Equity App Products, you consent to:

  • The Equity App Terms of Use; 
  • use of your personal data as described in this Privacy Policy;
  • your personal data being transferred to the U.S.;
  • the access, use, storage, and other processing of your personal data in the U.S.; and
  • jurisdiction for any data issues shall be settled by arbitration, in the U.S., subject to the laws of the District of Columbia.

Are you a California resident?

California residents have certain privacy rights under California law. California residents have the right to request information about the types of personal information we collect, from where we collect it, and with whom we share it. California residents also have the right to request that we delete their personal information. We will do all of this without discriminating against you for exercising these rights. To exercise these rights, California residents can make a request through the Contact Us page of our Website here, or by emailing our Legal Department at info@theequity.app, with Subject Heading “CCPA Request.” You may opt-out of the sale of your personal information by doing the same. 

In this Privacy Policy, we’ve disclosed the categories of personal information we’ve collected about you in the last 12 months, from where we’ve received this personal information, why we collect it, and with whom we’ve shared your personal information. 

How do I deactivate my The Equity App account?

If you wish to deactivate your The Equity App account, you may do so at any time by changing your settings in the My Account page when you’re logged-in to your The Equity App account. After your account has been deactivated, you will no longer be able to access The Equity App user account platform, but we will continue to retain certain portions of your data even after you have closed your The Equity App account: (a) if reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our agreement with you; and (b) fulfill and maintain your request to “unsubscribe” from further messages from us. Also, even after your The Equity App account is closed, we retain de-personalized information you have provided such as de-personalized information included in our anonymized and aggregated salary, education, and experience information.

Other Important Information

How is my information protected?

We implement security safeguards designed to protect your data and we monitor our systems for possible vulnerabilities and attacks. However, there is no guarantee that your data will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. 

Can The Equity App make changes to this Privacy Policy?

Yes, we may make changes to this Privacy Policy at least once in a 12-month period. Our intent is to continually evaluate this Privacy Policy to ensure it’s easy to understand, aligns with our practices and operations, and complies with applicable laws and regulations. If we make changes to this Privacy Policy, we will post those changes here and other appropriate places throughout our Services to provide you clear notice (e.g., by a button you click before proceeding with a specific action). We reserve the right to modify this Privacy Policy at any time, so please review it regularly. If we make significant changes, we will notify you here, by email, or by other reasonable means. Your continued use of our Website and Services constitutes your agreement to this Privacy Policy and any updates to this Privacy Policy.

Have additional privacy questions?

If you have a privacy question or concern, you can contact us at info@theequity.app.

Thank you for reading our Privacy Policy.

 

Website Terms of Use

Thank you for visiting The Equity App!  We are excited to embark on this important journey in support of closing the racial pay gap. Our lawyers have put together these guidelines to govern our relationship with You, the user. These terms apply to Registered and Non-Registered Users, alike, and govern your engagement with The Equity App Website (hereinafter, the “Website”), Email Account, and any Forthcoming Application (collectively, “Equity App Products.”) Here goes:

Acceptance

You understand that these Terms form a legal agreement between you and The Equity App and govern your use of Equity App Products. We offer access and use of Equity App Products to you conditioned on your acceptance, without changes, of these Terms. By accessing, browsing, or otherwise using  Equity App Products you are indicating that you have read and agree to these Terms, including any referenced policies and guidelines. If you do not agree to these Terms, you are prohibited from accessing or using a Website or any Materials.

Changes

We may change these Terms, including, any referenced policies and guidelines at any time. It is your responsibility to visit this page periodically and review these Terms because they are binding on you. Your continued use of the Website or Materials after any changes constitutes your acceptance of and agreement to those changes. 

Eligibility

Equity App Products are not intended for children. Individuals who access or use Equity App Products, in any manner, must be 16 years of age or older (or the age of majority where you live). Equity App Products are intended for individuals who are 16 years of age or older, and any registration, use, or access to Website or Materials by anyone under 16 is unauthorized and in violation of these Terms. By accessing or using a Website or any Materials, you represent and warrant to us that you are 16 years of age or older (or the age of majority where you live), and that you have the right, authority, and capacity to agree to and abide by these Terms.

In addition, to ensure our compliance with European data protection and privacy laws (including, but not limited to, General Data Protection Regulation), you are not permitted to sign-up for an account if you are a citizen of the European Union (E.U.) or another country in Europe with strict data protection and privacy laws. But, given that our Website and Materials are accessible by anyone with access to the Internet, you will be able to access and browse our Website and Materials and submit information as would any other user. Any submitted data is subject to these Terms and to our Privacy Policy. By creating an account, you represent and warrant to us that you are not a citizen of the E.U. or another country located in Europe. If we discover that you have violated the foregoing representation and warranty, you understand that we may (in our discretion) immediately deactivate your account and take other steps necessary to ensure our compliance with applicable data protection and privacy laws.

Privacy Policy and Cookies Information

We tried our best to write a simple Privacy Policy. This policy describes what information we collect when you visit, access, or use our Website or Materials, and how we use that information. 

Account Registration

If you register for an account, you agree to provide (and maintain) accurate, current, and complete information about yourself as prompted by the registration form (including, but not limited to, your email address and location). You are responsible for keeping your login information confidential, for all activities that are conducted through your account and will be held liable for losses or damages incurred by us or others due to your failure to provide us accurate information or someone else using your  account. We are not liable to you for any loss or damage you may incur if someone else uses your  login information or  account. You may not use another person’s account at any time without the permission of the account holder. Additionally, you agree not to transfer or resell your use of, or access to, the Website or any Materials to any third-party. If you have reason to believe that there has been unauthorized access to, or use of, your account, you must promptly change your password and notify us by emailing our Support team at info@theequity.app, subject heading “UNAUTHORIZED USE.”

Content on our Websites and Materials

All Equity App Products are provided for general information only (see the “Disclaimer of Warranties” section below for further details). You acknowledge that Equity App Products do not provide professional opinions or legal advice specific to the facts and circumstances of your personal situation or your business, and that your use of the Website and Materials does not create any fiduciary obligations on our part to you. All information provided via Equity App Products are provided for your general information purposes only. Subject to these Terms, you may share information provided by Equity App Products with others for non-commercial purposes, including, but not limited to, through social media and other third-party operated services (e.g., Facebook, LinkedIn, Twitter, or Instagram Share button).

When Equity App Products are directed to an individual and not a business or employer (including, all information exchanged with, or delivered to, You—the user—via any Equity App Product) (hereinafter “Consumer Data”), such information or Consumer Data is intended for personal, non-commercial use only. If you use or access any Consumer Data, you hereby represent and warrant to us that: (a) you are using all Consumer Data solely for your own personal use and not for any business, research, or other commercial purpose (unless we provide our written consent); (b) you are not a human resource specialist, researcher, manager, employee or contractor of a competitor, or other similar employee of a business or organization that is accessing or using the Consumer Data for use in your job duties or for the benefit of your employer or organization; (c) you will not use the Consumer Data for commercial or litigation purposes; and (d) you will not aggregate, redistribute, or otherwise transmit all or any part of the Consumer Data to any other individual or entity (unless otherwise agreed by  in writing).

If Consumer Data or any information shared or delivered via any Equity App Product is directed to employers, such information is provided for general information only and for an organization’s internal business purposes only (collectively, “Employer Data”). You hereby represent and warrant that: (i) you are using the Employer Data solely for your own internal business use only to manage the compensation and benefits of the employees of your business or organization; (ii) you will not use the Employer Data for commercial purposes; and (iii) you will not aggregate, redistribute, or otherwise transmit or share the Employer Data to any other individual or entity (unless otherwise agreed by in writing).

User Content

You are solely responsible for your account information, content, data, and other information you supply when submitting any data via the The Equity App, exchanging any information through any Equity App Product, posting comments, sending messages, or performing other activity on or through our Equity App Products (collectively, “User Content”).

By providing or posting any User Content, you hereby automatically grant us an irrevocable, perpetual, royalty-free, non-exclusive, fully paid, sublicenseable (through multiple tiers), and worldwide permission, right (including, any moral rights), and license to use, access, copy, perform, store, display, delete, distribute, modify, and otherwise process such User Content and to create derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof. Also, by submitting or providing us any suggestions or other feedback regarding the Website or Materials (collectively, “Feedback”), you agree that we can use, modify, and share (but do not have to) such Feedback for any purpose without compensation to you. In addition, you represent and warrant that you have the right to grant us the foregoing permissions, rights, and licenses.

All User Content or other information submitted to us directly through a Website or Material or indirectly through a third-party’s site, app, or service is subject to our Privacy Policy. You understand that it is part of our business model to aggregate and publish statistics on compensation-related data on our Website and other Materials, including, without limitation, to develop Research Data and crowdsourced data. As such, we reserve the right to use (or not use) any of your User Content in our sole discretion. Our use of User Content will be subject to these Terms, our Privacy Policy, and applicable laws and regulations.

User Conduct

We expect you and other users to use the Website and Materials appropriately. You are responsible for your conduct, your User Content, your communications with us or others, or your other activity while using the Website and Materials.

In general, while using or accessing a Website or any Materials, you agree to:

  • Comply with these Terms and our Acceptable Use Policy (TL;DR: don’t use our Website or Materials in a way that harms us, our systems, our customers, or others);
  • Follow all applicable local, state, national and international laws and regulations;
  • Ensure that you have the right to submit, post, or provide any User Consent;
  • Take responsibility for all acts that occur under your account, including any User Content transmitted or posted from your  account; and
  • Keep your User Content within the convention of good taste.

In addition, if your use of the Website or Materials requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance. You may not use the Equity App Products in a way that would subject us to those industry-specific regulations without obtaining our prior written agreement.

If we believe that you have not complied with these Terms, we reserve the right to (but do not have an obligation to):

  • monitor any of your activity or User Content posted, displayed, or associated with any Equity App Product to ensure your compliance with these Terms;
  • investigate any reported violation of these Terms or other complaints and we may take any action that we deem appropriate (including, issuing warnings, suspending or terminating your access to the Equity App Products, or removing your User Content without notice or refund);
  • require you to change your login information; or
  • release your identifying information to law enforcement, government agencies, our attorneys, and any individuals mentioned in your postings, as well as take legal action against you.

Termination

We may in our discretion decide to stop providing all or any part of the Equity App Products at any time. If we discover or believe that you have violated any of these Terms or are causing harm to us, other users, or our systems, then we may terminate your use of or access to the Website or Materials by deactivating your  account, blocking your ability to access the Website or Materials, take any of the actions described in the User Conduct section above, or other actions we deem appropriate. On termination, you lose the right to access or use the Equity App Products. The following will survive termination:

  • Our right to use the User Content you submit as part of the registration process or in connection with any data You voluntarily exchange with The Equity App products, which have been incorporated into the aggregated and anonymized salary database (including, but not limited to, crowdsourced data);
  • Our rights to use and disclose your Feedback;
  • Our right and the right of other users and visitors to re-share your User Content you shared, posted, or provided through the Equity App Products to the extent copied or re-shared prior to termination; and
  • The terms provided below.

 Products for Businesses

If you are a business or organization that uses any Equity App Products subject to a separate written agreement with us, your use of such products described in such agreement will be subject to that agreement.

Third-Party Sites and Services

Certain links on the The Equity App or within an Equity App Product may take you to third-party sites, and certain pages of Equity App Products may include buttons that allow you to share Equity App materials through a third-party site, app, or service (e.g., Facebook, LinkedIn, Twitter, or Instagram Share buttons) (collectively, “Third-Party Services”). We provide access to these Third-Party Services only as a convenience to you and our inclusion of such Third-Party Services on or through our Website or Materials does not imply any warrant or endorsement of the Third-Party Services or its operator. You are responsible for deciding if you want to access or use Third-Party Services. Third-Party Services have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. We are not 

Intellectual Property Notice

Except for the names, logos, or products of other companies mentioned on Equity App Products, all Materials and other Equity App Product content, including, but not limited to, Research Data, Consumer Data, Employer Data, our name, marks, and logos, and our Website and Application look, feel, text, pictures, data, format, materials, graphics, sound files, and other files, constitute the intellectual property of The Equity App or its licensors. The Equity App reserves all its intellectual property rights in and to Equity App Products (including, but not limited to, any modification or improvements thereto or derivative works thereof). Your use of the Equity App Products does not give you any ownership in our website, materials, or any information shared via Equity App Products. Trademarks and logos used in connection with the Equity App Products are the trademarks of their respective owners. Unless expressly stated in these Terms, and only to the extent explicitly outlined, none of the Equity App Product content, materials, information (or any of its components) may be copied, used, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or framed in any form or by any means, without our prior written consent or the respective intellectual property owner. Additionally, you may not use any metatags or any other hidden text using our intellectual property without our prior written consent. 

Disclaimers of Warranties

WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES PERTAINING TO THE WEBSITES AND MATERIALS. YOU AGREE THAT THE USE OF THE WEBSITE AND ALL MATREIALS IS AT YOUR SOLE RISK. WE PROVIDE ALL WEBSITES AND MATERIALS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) (INCLUDING, BUT NOT LIMITED TO, WARRANITES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA). Further, there is no warranty that the Website or Materials will meet your needs or requirements. We make no warranties or representations, express or implied, (a) that the Website and Materials will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the Website and Materials will be available at any specific time or location; (c) that defects or errors in the Website and Materials will be corrected; or (d) that the Website and Materials are free of viruses or other harmful components. No opinion, advice, or statement of Equity App Products or its affiliates, directors, officers, agents, employees, representatives, partners, licensors, customers, or Website visitors, whether made on the Website, Materials, or otherwise, shall create any warranty of any kind.

Limitation and Exclusion of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE EQUITY APP NOR ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARTNERS, OR LICENSORS ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITIY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE EQUITYAPP PRODUCTS, WEBSITE, MATERIALS, OR ANY INFORMATION, CONTENT, DATA, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE AND MATERIALS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LIABILITY OF  THE EQIUTY APP AND ITS AFFILIATES OR OTHERS THAT THE EQUITY APP WORKS WITH TO PROVIDE THE WEBSITE AND MATERIALS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO , IF ANY, TO ACCESS THE WEBSITE OR MATERIALS DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM; AND (B) FIVE HUNDRED UNITED STATES DOLLARS ($200 USD).

YOU FURTHER UNDERSTAND AND AGREE THAT THE EQUITY APP AND ITS AFFILIATES ARE NOT LIABLE FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING, BUT NOT LIMITED TO, OTHER USERS OF THE WEBSITE OR MATERIALS AND PROVIDERS OF THIRD-PARTY SERVICES, AND THAT THE RISK OF ACCESSING OR USING THE WEBSITE AND MATERIALS, AND OF HARM FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

THIS LIMITATION AND EXCLUSION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE EQUITY APP, ITS OWNERS, AND ALL EQUITY APP PRODUCTS, AND WILL APPLY TO ALL CLAIMS OF LIABILITY EVEN IF THESE REMEDIES FAIL IN THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Dispute Resolution

PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE EQUITY APP AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS PROVISION IS NOT INTENDED TO PROVIDE A DETAILED EXPLANATION OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO RESEARCH AND CONSULT WITH OTHERS REGARDING ARBITRATION BEFORE DECIDING TO ACCESS AND USE THE EQUITY APP PRODUCTS, WHICH IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS, INCLUDING, THIS “DISPUTE RESOLUTION” SECTION.

Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. You hereby agree to waive bringing the foregoing type of proceedings against us. If for any reason a claim proceeds in court rather than in arbitration, you and THE EQUITY APP agree to waive any right to a jury trial.

Any dispute or claim brought by you against us relating in any way to the Website or Materials, including, but not limited to, your access and use of the Website or Materials, will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. 

The Federal Arbitration Act and federal arbitration law apply to these Terms. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You agree to have the arbitration conducted by telephone, virtually, based on written submissions, or in Washington, D.C.

This agreement is governed by the laws of the District of Columbia.

Intellectual Property Complaints

If you believe that your work has been copied in a way that constitutes intellectual property infringement, to help us investigate and resolve the issue, please provide the following information, in writing by email, to info@theequity.app, Subject line “LEGAL – IP”.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located within the Website (e.g., the URL);
  • Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that this procedure is only for notifying us that you believe that your intellectual property has been infringed. Inquiries not relevant to an intellectual property infringement claim may not receive a response.

General Legal Terms

By accessing Equity App Products, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the District of Columbia, without regard to principles of conflict of laws, will govern these Terms and any dispute, of any sort, that might arise between you and The Equity App. You agree that we will be entitled to injunctive or other equitable relief, in additional to monetary damages, if you breach any of these Terms, and that we may seek performance or an injunction in any court of competent jurisdiction and will not be obligated to arbitrate as described in the Dispute Resolution section to pursue such relief. 

You agree that your sole remedy for The Equity App’s breach of these Terms is to discontinue your access and use of the Website and Materials. Failure of The Equity App or its owners and affiliates to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If an arbitrator or court with authority over these Terms finds any part of it not enforceable, you and The Equity App agree that the arbitrator or court (as the case may be) should modify these Terms to make that part enforceable while still achieving its intent. If the arbitrator or court cannot do that, you and The Equity App agree to ask the arbitrator or court to remove that unenforceable part and still enforce the rest of these Terms. We may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, under these Terms.

These Terms constitute the entire agreement between you and The Equity App, its owners, affiliates and assignees,  concerning your access and use of Equity App Products, and supersedes any prior agreements between you and The Equity App.

Contact Us

Info@theequity.app

Last updated February 10, 2022

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