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Terms of Use
- Agreement to Terms
- Intellectual Property Rights
- User Representation
- User Registration
- Purchases and Payment
- Prohibited Activities
- Prohibited Items Policy
- Marketplace Offerings
- Return/Refund/Exchange Policy
- User Generated Contributions
- Contribution License
- License to Use Our Services
- Reviews Guidelines
- Submissions
- Third-Party Websites and Content
- Site Management
- Site Modifications
- Site Corrections
- Reporting Copyright Infringement
- Termination
- Indemnification
- Dispute Resolution
- Privacy Policy
- Limitation of Liability
- User Data
- Electronic Communications, Transactions, and Signatures
- Disclaimer
- Miscellaneous
- Governing Law
- Revisions; Continued Use
- Contact Information
Last Updated: September 1, 2022
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Everything Equestrian LLC, doing business as EverythingEQ (“EverythingEQ”, “we”, “us”, or “our”), concerning your access to and use of the www.everythingeq.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for the following goods, products, and/or services: equestrian apparel, equipment, and accessories; equine inspired items (the “Marketplace Offerings”). In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use. You agree that by accessing the Site and/or Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplement terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdictions or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided to the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
To report a shop or listing for intellectual property infringement, please visit our Intellectual Property Policy here.
3. USER REPRESENTATION
By using the Site or the Marketplace Offerings, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with the Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Please see Section 6. PROHIBITED ACTIVITIES and Section 7. PROHIBITED ITEMS POLICY and for full list of prohibited items and activities. Violating Section 5 and 6 may result in immediate termination of your account and a lifetime ban from the Site.
4. USER REGISTRATION
You may be required to register with the Site in order to access the Marketplace Offerings and use our Services. Below are our rules for EverythingEQ accounts:
- You must be 18 years or older. Minors under 18 and at least 13 years of age are not permitted to register an account in their name and must use an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use EverythingEQ. If you are a Parent or guardian, you are responsible for any and all account activity conducted by a minor on your account.
- Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
- You are responsible for your account and any activity on your account. Accounts are not transferable. The person whose financial information is on the account will be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
- Protect your password. As mentioned above, you are solely responsible for any activity on your account, so take appropriate measures to keep your account password confidential and secure.
- Choose an appropriate name when registering an account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- These terms don’t create any agency, partnership, joint venture, employment, or franchise relationship between you and EverythingEQ.
5. PURCHASES AND PAYMENT
In using the Site and Marketplace Offerings, you agree to provide current, complete, and accurate purchase and account information for all purchases made on EverythingEQ. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by United States law. EverythingEQ and its sellers may change prices at any time. All prices shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
6. PROHIBITED ACTIVITES
You may not access or use the Site for any purpose other than that for which we make the Site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user on the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
- Engaged in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
- Attempt to bypass any measures of the Site designed to precent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up part of the Site.
- Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Marketplace Offerings, including collections usernames and or email addresses or users electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
- Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-gathering endeavor or commercial enterprise.
7. PROHIBITED ITEMS POLICY
To remain consistent with our values and to ensure the safety of our community, EverythingEQ prohibits the sale of certain types of items. We have a zero-tolerance policy for items on this list. As part of our Terms of Use, sellers agree to our Prohibited Items Policy when opening up an EverythingEQ shop. If we believe you have violated this policy, the items in your shop will be temporarily removed and your shop may be temporarily disabled, dependent on whether the violation pertains to certain products or your entire shop, the nature of the violation, and whether this is a first or repeat offense. In the event that this happens, EverythingEQ will immediately notify you via email or phone. If we do not receive a reply from you, either by email or phone, within 3 days, you will be subject to immediate account suspension or termination. All fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.
PROHIBITED ITEMS:
- Alcohol, Tobacco, Drugs, Drugs Paraphernalia
- Counterfeit Items
- Replicas and knockoffs
- Unauthorized use of copyrighted images
- Unauthorized use of copyrighted logos and trademarks
- Animal Items
- Created using threatened or endangered species as defined by the US Endangered Species Act https://ecos.fws.gov/ecp/report/species-listings-by-tax-group?statusCategory=Listed&groupName=All%20Animals or listed in CITES Appendix I https://cites.org/eng/app/appendices.php
- Found in the policy from the Coaltion to End Wildlife Trafficking Online https://www.endwildlifetraffickingonline.org/coalition-prohibited-wildlife-policy
- Made from marine mammals
- Made from cats or dogs
- Animal fur
- Ivory or bones from ivory producing animals
- Live animals
- Dangerous Items
- Explosives and explosive precursors
- Gases
- Radioactive material
- Poisonous substances
- Individual or loose lithium batteries
- Recalled items that may pose health and safety hazards.
- Weapons made to inflict harm such as firearms, ammunition for firearms, parts and accessories for firearms.
- Syringes and needles.
- Hate Items
- Products that promote, support, commemorate, or are related to hate groups such as the Ku Klux Klan (KKK), Nazis, Neo-Nazis, white supremacy, misogyny; that are anti-immigrant, anti-gay or transphobic; deny the holocaust; or promote cruelty to animals.
- Hate speech within a shop’s description, product descriptions, shop policies, or on products.
- Bullying of any kind.
- Violent Items
- Encouraging violence against individuals or groups.
- Encouraging self-harm.
- Exploiting tragedies.
- Glorifying human and/or animal suffering.
- Glorifying serial killers.
- Promoting abuse of any kind towards humans or animals.
- Nudity, Pornography, and Illegal Content
- Showing any part of male or female genitalia on products, product images, or anywhere on a shop’s page.
- Bestiality, necrophilia, or other illegal or obscene content, whether real or fictionalized.
- Pornography of any sort is prohibited and will lead to your account being immediately and permanently suspended on EverythingEQ.
8. MARKETPLACE OFFERINGS
We reserve the right to limit the Marketplace Offerings on our Site. Descriptions and pricing are subject to change at any time without notice, at the sole discretion of our sellers. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of the Marketplace Offerings purchased by you will meet your expectations or that any errors on the site will be corrected.
9. RETURNS/REFUNDS/EXCHANGE POLICY
Our marketplace is made up of many individual shops with varying return, refund, and exchange policies. Because of this, not all Marketplace Offerings are eligible for return, refund, or exchange. Before purchasing any product on our Site, it is the buyer’s responsibility to read over and understand the policies stated by the individual shop offering each product. By selecting the “Place Order” button on the checkout page, the buyer acknowledges they understand the policies outlined by the shop and is bound by our Terms of Use. Please be advised that EverythingEQ will not, under any circumstances, accept or authorize returns, refunds, or exchanges on Marketplace Offerings unless the corresponding shop states within their policies that returns, refunds, or exchanges are accepted.
10. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, shop names, usernames, profile pictures, product photos, product descriptions, reviews, or personal information (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use you Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or group of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are concerned with race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.
11. CONTRIBUTION LICENSE
By posting your Contributions on our Site, you automatically grant EverythingEQ a license to use it. We don’t claim any ownership to your Contributions, but we have your permission to use it to help EverythingEQ function and grow. In other words, by posting Your Content on our Site, you grant EverythingEQ a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Contributions. This allows us to promote EverythingEQ, your EverythingEQ shop, or the Site in general, in any formats and through any channels, such as across our partner or third-party websites or advertising and social mediums. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights, associated with you Contributions. We are not liable for any states or representations in your Contributions provided by you in any area on our Site. You are solely responsible for your Contributions to EverythingEQ and expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. EverythingEQ has no obligation to monitor your Contributions.
12. LICENSE TO USE OUR SERVICES
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions:
- You agree that you will not violate any laws in connection with your use of our Site. This includes any local, state, federal, and international laws that may apply to you. Example: if you shop requires any permits or licenses, it is your responsibility to obtain them, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws. You must comply with our Prohibited Items Policy; and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against EverythingEQ, another EverythingEQ user, or a third party.
- You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of our Site (including both EverythingEQ Intellectual Property and Seller Contributions) without our express permission.
- You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
13. REVIEWS GUIDELINES
We may provide you areas on the Site to leave reviews. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the product/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
EverythingEQ may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
14. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in you Submissions.
15. THIRD-PARTY WEBSITES AND CONTENT
EverythingEQ may contain (or you may be sent via the Site or Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the appliable terms and policies, including privacy ad data gathering practices, of any website to which you navigate from the Site or relation to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and will hold us harmless from any harm caused by your purchase of such products or services. You will also hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from third-party content or any third-party website contact.
16. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor our Site for violations of our Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or our Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof. (4) in our sole discretion and without limitation, notice, or liability, to remove from our Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage our Site in a manner designed to protect our rights and property and to facilitate the proper functioning of our Site and Marketplace Offerings.
17. SITE MODIFICATIONS
EverythingEQ reserves the right to change, suspend, remove, or discontinue any of the Site’s content or services at any time, for any reason, without notice. We will not be liable to you for the effect that any changes to the Site may have on you, including your income or your ability to generate revenue through our Site.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
18. SITE CORRECTIONS
There may be instances where the Site contains typographical errors, inaccuracies, or omissions that may related to the Marketplace Offerings, including product descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
19. REPORTING COPYRIGHT INFRINGEMENT
We take intellectual property rights very seriously. If you believe that any material available on or through EverythingEQ infringes upon any copyright you own or control, please contact us via our contact form. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations regarding copyright. Consider contacting a copyright attorney beforehand. View our Intellectual Property Policy here to learn more.
20. TERMINATION
Termination By You. Terminating your account will not affect the availability of some of your contributions that you posted through to our Site prior to termination. You will also still be responsible or paying any outstanding fees.
Termination By EverythingEQ. We may terminate or suspend your account (and any accounts EverythingEQ determines are related to your account) should we have reason to believe you, your Contributions, or your use of the Site violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Site, for example, to sell or buy on our websites. EverythingEQ will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms of Use or we have legal or regulatory reasons preventing us from notifying you.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Additionally, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Survival. The Terms of Use will remain in effect even after your access to the Site is terminated, or your use of the Site ends.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION ON THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
21. INDEMNIFICATION
You agree to indemnify us in the event that EverythingEQ gets sued because of something that you did. That means you will defend EverythingEQ (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Site, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
22. DISPUTE RESOLUTION
Binding Arbitration
You and EverythingEQ agree that any dispute or claim arising from or relating to the Terms of Use shall be settled by final and binding arbitration, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New Castle, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New Castle, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
You understand that by agreeing to the Terms of Use, you and EverythingEQ are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegation of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
23. PRIVACY POLICY
We care about your data privacy and security. Our Privacy Policy details how your information is collected, used, and shared when you use our Site, please review it at everythingeq.com/privacy-policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
Both EverythingEQ and its sellers process members’ personal information (ex: buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law, meaning each party is responsible for the personal information it processes in using the Site. Example: if a seller accidentally discloses a buyer’s name and address when fulfilling another buyer’s order, the seller, not EverythingEQ, will be responsible for that unauthorized disclosure.
Please be sure to read our Privacy Policy here.
24. LIMITATION OF LIABILITY
You understand that EverythingEQ does not manufacture, store, or inspect any of the items sold through the Site. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so EverythingEQ cannot and does not make any warranties about their effectiveness, adequacy, accuracy, availability, prices, reviews, quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You hereby release EverythingEQ from any claims related to items sold through our Site, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER EVERYTHINGEQ, NOR OUR DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF DATA, LOST PROFITS, LOST REVENUES, OR FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THESE TERMS OF USE. IN NO EVENT SHALL EVERYTHINGEQ AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT PAID BY YOU TO US IN THE PAST SIX MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
25. USER DATA
We will maintain certain data that you transmit to our Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Marketplace. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting EverythingEQ, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy and legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require a original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. DISCLAIMER
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
28. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. In using the Site, there is no joint venture, partnership, agency, or employment relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
29. GOVERNING LAW
These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
30. REVISIONS; CONTINUED USE
We reserve the right to change any of the terms of this Agreement, including the terms of any materials incorporated herein (unless otherwise specified by us in such materials), at any time and in our sole discretion. Any changes will be effective upon the earlier to occur of: (a) emailing the revised terms, or notice of such changes, to you at your e-mail address; or (b) posting the revised terms on this website. You are responsible for reviewing any revised terms, and any notices of revisions. YOUR CONTINUED ACCEPTANCE OF PURCHASE ORDERS OR CONTINUED USE OF THIS WEBSITE FOLLOWING OUR E-MAILING OR POSTING OF ANY REVISED TERMS, OR ANY NOTICE OF ANY SUCH REVISIONS, WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT OR THE PROGRAM POLICIES, YOU MUST STOP ACCEPTING PURCHASE ORDERS AND STOP USING THIS WEBSITE, AND GIVE US WRITTEN NOTICE.
31. CONTACT INFORMATION
If you have any questions about our Terms of Use, please contact us here.