Revised: May 29, 2021
The terms “we” and “us” refer to:
· The Equity App, Inc., a product owned and operated by Forde Ventures, LLC, incorporated in Washington, D.C., with a business address of 1100 New Jersey Avenue SE, Ste. 2142, Washington, D.C. 20003.
Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. Eligibility to Use The Equity App
A. To access or use The Equity App, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use The Equity App. An employer and its authorized agent(s) are permitted to use the employer’s Corporate Account and any data about that employer provided via that account for the employer’s internal business purposes. Except as set forth above, or as otherwise approved by us, The Equity App is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use The Equity App if we have terminated your account or banned you.
2. Your The Equity App Account
1. The Equity App Account. In order for you to create an account with The Equity App account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by The Equity App at any time. When you set up an individual user account on The Equity App, we create a member profile (a “Profile”) for you that will include personal information you provide. Subject to visibility settings that you control, subscribers to services we may introduce will be able to view information in your Profile. Because your anonymity on The Equity App is important, your Profile does not include or link to information from which your identify or name can be inferred.
3. Social Sign Up and Sign In. You may be able to register an account and subsequently access The Equity App through a social networking site, such as LinkedIn (“Social Networking Site”). If you access The Equity App through a Social Networking Site you agree that we may access, make available through The Equity App, and store (if applicable) any information, data, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through The Equity App via your account and your Profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access The Equity App, personally identifiable information that you post to that Social Networking Site may be displayed on The Equity App. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
3. Using The Equity App
1. Third-Party Content on The Equity App. Content from other users, advertisers, and other third parties is made available to you through The Equity App. “Content” means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, logos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on The Equity App. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties. The Equity App may make available content hosted by YouTube. By interacting with the YouTube Client and viewing YouTube content, you agree to YouTube’s Terms of Service.
In accordance withSection 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on The Equity App. For more information please see our Legal FAQs.
We allow users to post content about employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, or provide work that is an integral part of the employer’s value chain. We also allow users to review the staffing firms that place them in these roles. We consider all workers in these roles as ’employees’ with regard to Content left on The Equity App. While we provide the option for The Equity App reviewers to specify the category of their employment when they leave a review (e.g contractor, freelancer, etc.), we do not consider this a requirement. It does not violate our Community Guidelines or these Terms for a worker in any one of these roles to leave a review as an “employee.”
2. House Rules. You represent and warrant that you will use The Equity App solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on The Equity App (“Your Content”). You agree that by submitting or authorizing Your Content for use on The Equity App, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of The Equity App violates applicable law or any third-party right.
You agree that you will not:
· Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
· Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company
· Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
· Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
· Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
· Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by The Equity App);
· Promote, endorse or further illegal activities;
· Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers
or potential employers;
· Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
· Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
· Solicit personally identifying information from minors;
· Except as expressly approved by us, and subject to applicable laws, use The Equity App for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
· Imply a The Equity App endorsement or partnership of any kind without our express written permission;
· Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
· Introduce software or automated agents to The Equity App, or access The Equity App so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from The Equity App without our express written permission;
· “Frame” or “mirror” or otherwise incorporate part of The Equity App into any website, or “deep-link” to any portion of The Equity App without our express written permission.
· Copy, modify or create derivative works of The Equity App or any Content (excluding Your Content) without our express written permission);
· Copy or use the information, Content (excluding Your Content), or data on The Equity App in connection with a competitive service, as determined by The Equity App;
· Sell, resell, rent, lease, loan, trade or otherwise monetize access to The Equity App or any Content (excluding Your Content) without our express written permission;
· Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of The Equity App;
· Interfere with, disrupt, or create an undue burden on The Equity App or the networks or services connected to The Equity App;
· Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to The Equity App; or Attempt to circumvent any security feature of The Equity App;
3. Links to Third-Party Websites. The Equity App may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave The Equity App, our terms and policies do not govern your use of third-party websites.
4. Special Provisions Applicable to Advertisers
This provision applies to all advertisers, including employers who purchase job ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads (“Ad Data”) for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
5. Enforcement by The Equity App
1. Removal of Content. While The Equity App has no obligation to do so, The Equity App reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on The Equity App, or that we deem, in our sole discretion, inappropriate. If you see any Content on The Equity App that you believe violates our policies, you may report that Content by capturing a link to the content and submitting it through our various contact pages. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the “The Equity App Group“) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of The Equity App, including due to or arising from your breach of any provision of these Terms.
7. Disclaimers and Limitation on Liability
The Equity App is provided “as-is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) The Equity App will meet your requirements; (2) The Equity App will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of The Equity App will be accurate or reliable.
You hereby release the The Equity App Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
IN NO EVENT SHALL THE THE EQUITY APP GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE EQUITY APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE THE EQUITY APP GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE EQUITY APP (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
These Terms remain in effect while you use The Equity App and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of The Equity App, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of The Equity App. For the avoidance of doubt, you agree that these Terms apply to your use of The Equity App and any Content posted on The Equity App at any time prior to the termination or expiration of these Terms.
9. Changes to Terms
We may revise these Terms from time to time by posting an updated version on The Equity App. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of The Equity App is subject to the most current effective version of these Terms.
10. Third-Party Discovery
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from The Equity App. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in California at The Equity App, Inc., c/o CT Corporation, 818 W Seventh Street, Los Angeles, CA 90017. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
11. Dispute Resolution
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE EQUITY APP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND THE EQUITY APP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
1. Governing Law. These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of The Equity App, shall be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the “Agreement to Arbitrate” provision below. For any claim, dispute, or other legal proceeding not subject to the “Agreement to Arbitrate” provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
2. Agreement to Arbitrate. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and The Equity App each agree that any and all disputes between consumer users of The Equity App and The Equity App arising under or related in any way to these Terms and such users’ use of The Equity App must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this “Dispute Resolution” section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the The Equity App Group by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the The Equity App Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.
Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to The Equity App should be sent to the Litigation Department, The Equity App Inc., 100 Shoreline Highway, Mill Valley, CA 94941. If you have an account on The Equity App, notice to you will be sent to the email address associated with your account. The notice of dispute (“Notice”) must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. You may download or copy a form Notice here. If The Equity App and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or The Equity App may commence formal proceeding.
Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA“), if applicable, as modified by this section. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or The Equity App shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in San Francisco, California. For any claim where the total amount of the award sought is $10,000 or less, you and The Equity App may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and The Equity App subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or The Equity App may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same The Equity App user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of your agreement to arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the email address(es) associated with the The Equity App account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this “Arbitration” section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and The Equity App. We will notify you of changes to this Arbitration section by posting the changes on The Equity App at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30 day period and you will not be bound by the changes.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of The Equity App and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with The Equity App’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word “including” means “including but not limited to.”
The Equity App’s Commitment to User Privacy
Information we collect
The personal information that you are asked to provide enables us to fulfill our stated purpose of eliminating the racial pay gap through use of aggregated, anonymized data that makes the Black-White racial pay gap undeniable.
When you register for an Account, we may ask for your contact information, including items such as name, company name, email address, and income information. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
If you connect to the Platform using LinkedIn or another social networking site (each a “Social Networking Site”), we will receive information that you authorize the Social Networking Site to share with us, which may include public profile information, birthday, current city work, school, and email address. When we receive this information, it becomes The Equity App’s account information for purposes of your use of the Platform.
This information also constitutes personal information and is therefore subject to this Policy. Any information that we collect from your Social Networking Site account may depend on the privacy settings you have set with the Social Networking Site, so please consult the Social Networking Site’s privacy and data practices. You have the ability to disconnect your Social Networking Site account from your theequity.app account by adapting the privacy settings in your Social Networking Site account. If you come to the Platform through a Social Networking Site, from other websites or with devices that enable third parties to collect information from or about you, such third parties receive information about you subject to their privacy policies.
We use Your Information to:
- Research and Innovate for Social Good;
- Provide, operate, and maintain our website
- Improve, personalize, and expand our website
- Understand and analyze how you use our website
- Develop new products, services, features, and functionality
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
- Send you emails
- Create aggregated statistical data that does not identify you individually and that we can commercialize (for example, sharing anonymized salary, race, and title information to inspire corporate action);
- Provide relevant advertising, including interest-based advertising from us and third parties, which may mean that we share non-personally identifiable information, such as your job title, to third-party advertisers;
The Equity App follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this as a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
Cookies & Web Beacons
Like any other website, The Equity App uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information. For more general information on cookies, please read “What Are Cookies” from Cookie Consent.
Advertising Partners Privacy Policies
Note that The Equity App has no access to or control over these cookies that are used by third-party advertisers.
Third Party Privacy Policies
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.
CCPA Privacy Rights (Do Not Sell My Personal Information)
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
Request that a business delete any personal data about the consumer that a business has collected.
Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.