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:
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.
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.
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.
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 email@example.com, 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).
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.
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.
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.
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 firstname.lastname@example.org, 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.
Last updated February 10, 2022