Terms of Service
Please read these terms of service in their entirety. Eqira LLC offers its content for the exclusive use of Eqira clients. No forwarding, reprinting, republication or any other redistribution of this content is permissible without expressed consent of Eqira LLC. All rights reserved. If you have received access to this content in error, Eqira reserves the right to enforce its copyright and pursue other redress.
Eqira is not a certified investment advisory service and aims to create an intellectual framework for informed financial decisions by its clients.
THESE TERMS OF SERVICE (THE “AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND EQIRA LLC (“EQIRA”, “WE” OR “OUR”). BY CHECKING THE APPROPRIATE BOX INDICATING THAT YOU AGREE DURING REGISTRATION OR OTHERWISE ACCESSING ANY EQIRA WEBSITE, EQIRA SERVICES, SOFTWARE OR OTHER MATERIALS (COLLECTIVELY THE “SERVICE”), YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS OR USE THE SERVICE.
1. Description and Eligibility.
Welcome to Eqira’s internet service, providing information, commentary, and discussion concerning alternative and traditional investments, asset allocation, and portfolio strategy. Any information you may encounter through the Service reflects the opinions of its author. The Service is unaffiliated with any NASD broker/dealer. The information on this site is provided for discussion purposes only, and is not an investing recommendation. Under no circumstances does any information you may encounter through the Service represent a recommendation to buy or sell securities or any other asset.
You and other users of Eqira’s Service (“Users”) can access the Eqira Content (as defined below). Users can contribute their own content in the form of comments to blog posts, forum discussions, and other contributions. You may have access to content that you and other Users supply (collectively “User-Supplied Content”).
Some elements of the Service are available to any User, while other elements (“Subscription Services”) are only available to Users who have purchased a subscription from Eqira according to these terms and conditions or otherwise by written agreement with Eqira. Eqira may at any time, in its sole discretion, change a freely available element of the Service to a Subscription Service, and vice versa. Eqira may, in its sole discretion, offer Users a one-time, free trial period during which you may use Subscription Service(s) for free. The time period of any such free trial period may vary from time to time, and will be indicated at the time you register as a User.
Please note that Eqira does not provide any internet connectivity services, nor does Eqira provide any computer equipment for Users. You are entirely responsible for securing and paying for any such services and equipment, and for ensuring that such services and equipment meet the minimum requirements for the use of the Services.
You must be at least 18 years of age or the age of majority in your jurisdiction, if greater than 18 years to visit or use the Service in any manner. By accessing the Service or accepting this Agreement, you represent and warrant to Eqira that you are either 18 years of age or the age of majority in your jurisdiction, if older, and that you have the right, authority and capacity to agree to and abide by this Agreement.
3. Accounts & Registration
You may establish one (1) User account (the “Account”) for each email address you supply to Eqira. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account (including but not limited to any Eqira Content and the unique User name) are and shall forever be owned by Eqira.
When You register with any Eqira Service, You will be asked to provide Eqira with certain information (e.g. name, e-mail address, company, and for paid services, credit card and billing information, such as your telephone number), and you agree to provide true, accurate, current and complete information about yourself as prompted by such process (such information being “Personal Information”). If you open an Account, and any of your Personal Information changes (e.g., new credit card number, expiration date, new address or email address, new phone number, etc.), you must update that information in your Account. The User name that you select must comply with the requirements for other User-Supplied Content, and such other policies that Eqira may publish from time to time. You agree that you will not allow others to use your User name, password and/or Account.
Further, if you are registering for an Account as authorized by a subscribing organization that has executed a separate agreement with Eqira for access to the Services, you must provide information identifying such subscribing organization. Only individuals authorized by a subscribing organization to access Services may use such identifying information.
4. Subscription Services
If you are not using the Services under the auspices of a subscribing organization, you may elect to subscribe to Subscription Services as an individual. If you elect to subscribe to Subscription Services, the fee therefore will be the price specified at the time of purchase. You hereby agree to pay all charges incurred by the Account, including applicable taxes, in accordance with the billing terms for access to the Service in effect at the time that the fee or charge becomes payable. Your right to access the Service is subject to any limits established by Eqira or by your credit card issuer, billing service, or other payment method authorized by Eqira. Eqira may, in its sole and absolute discretion, suspend or terminate your access to the Service and disable or delete the Account, if: (i) payment cannot be charged to your credit or debit card; or (ii) Eqira is unable to process and retain your payment for any reason. If at any time you have a balance due on the Account, you agree that Eqira can charge these unpaid fees to your credit card, debit them from your debit card, as applicable. You agree to reimburse Eqira for all costs and expenses incurred by Eqira in collecting payment due hereunder, including without limitation all bank or service charges, and any reasonable attorneys’ fees.
By subscribing to any Subscription Service you are representing to us that you are authorized to use the payment method you submit for payment. If you are paying on behalf of another person, then you hereby agree to the terms of this Agreement and agree to take responsibility for the actions of such other person, including but not limited to any charges associated with that person’s use of any of the Subscription Services.
Cancellation of your subscription will take effect upon the end of the then-current Term, at which time you will no longer have access to any Subscription Services.
5. Use of Eqira Content.
The contents of the Service such as text, graphics, images, logos, audio, video, hypertext markup language, software, and other content and the selection and arrangement thereof (collectively, “Eqira Content”), are the property of Eqira and/or its business partners, affiliates, assigns, licensors or other respective owners. The Eqira Content is protected under both United States and international intellectual property laws. Eqira may include third party advertisements in or with some Eqira Content or in conjunction with your User-Supplied Content. You hereby consent to the display and playback of these advertisements in conjunction with your User-Supplied Content. To the extent you elect to use or access Eqira Content or User-Supplied Content from other Users, you also consent to the display of advertisements therein.
Subject to all of the terms and conditions of this Agreement, Eqira hereby grants you a personal, limited, non-exclusive, non-transferable and revocable right to view Eqira Content on your compatible computer or device solely for your own non-commercial use in connection with the Service and solely as authorized by Eqira in connection with the Service. Eqira reserves the right to revoke this limited license at any time in its entirety or with respect to any Eqira Content, for any reason, and at the sole discretion of Eqira.
Except as expressly set forth in this Agreement, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Eqira and/or its affiliates and licensors. You may not copy, display or use any of these indicia of origin without prior written permission of the mark owner.
All rights not expressly granted to you are reserved. For the avoidance of doubt, your use of the Service and the Eqira Content is under license and will terminate if this Agreement terminates, regardless of whether the relevant Service or Eqira Content is free or you have paid for it; you will not obtain any ownership interest in any Eqira Content through this Agreement or otherwise. You agree not to use, download, reproduce, modify, create derivative works from, summarize, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Eqira Content or any summaries or restatements of any Eqira Content to any third party, except as expressly authorized by Eqira in connection with the Service. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
6. User-Supplied Content
By posting User-Supplied Content to any area of any Eqira Site, including blog comments, message boards and discussion forums, you grant Eqira and its affiliates the royalty-free, perpetual, irrevocable, assignable, transferable and sublicenseable (through multiple tiers), non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User-Supplied Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights (including moral rights) in such content has irrevocably granted to you the right to grant the license stated above, and if necessary, completely and effectively waived any such rights that are not licenseable. Subject to the foregoing, the owner of such User-Supplied Content placed any Eqira Site retains any and all rights that may exist in such User-Supplied Content.
We appreciate hearing from our Users and welcome your comments regarding our services and the Eqira Monitor Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials to us in your User-Supplied Content or otherwise. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), you assign all right, title and interest in that Submission to Eqira. Eqira shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission. No part of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission.
Eqira takes no responsibility and assumes no liability for any User-Supplied Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User-Supplied Content that you make available or access through your use of the Service, is solely your risk and your responsibility. Eqira neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Service by anyone other than authorized Eqira employees acting in their official capacities.
In addition to the above, you acknowledge and agree that Eqira may access, review, store, reproduce and/or disclose, as applicable, any User-Supplied Content if required to do so, or if Eqira has a good faith belief that it is required, by law, court orders or other legal processes, to enforce this Agreement, to respond to any claims that such User-Supplied Content (or your use of the same) violates any third party’s rights, or to protect the rights, property or personal safety of Eqira, its business partners, affiliates, licensors and/or licensees, any other User, or the general public.
7. Code of Conduct
User comments with respect to Eqira Content, other Users User-Supplied Content and any other User interactions with other Users or Eqira personnel, which interactions are visible within the Service (collectively, Comments), are treated as User-Supplied Content under the this Agreement and must comply with this Code of Conduct and other rules for User-Supplied Content set forth herein. Further, your Comments must be respectful of others and of the eqira.com community, and if Eqira promulgates a formal policy concerning Comments, your Comments must also comply with that policy. In addition to any other rights or remedies Eqira may have under this Agreement, Eqira may, in its discretion, move, remove or edit Comments, and suspend or ban Users, all as Eqira sees fit to promote a healthy discussion and community.
All Users agree not to: (a) make any unsolicited communication regarding promotions and/or advertising of products or services to any other User; (b) sell, rent, lease or otherwise assign to any third party any rights to any Eqira Content or User-Supplied Content(other than yours); (c) remove any proprietary notices or labels on any Eqira Content or User-Supplied Content (other than yours); (d) delete or alter any Eqira Content or User-Supplied Content posted by any other User; (e) use any elements of the Service for any commercial purpose; (f) use any elements of the Service to invade the privacy of, or obtain personal information about, any User, or to obtain a list of Users; (g) use any elements of the Service to violate any law or right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (h) except as specifically permitted by Eqira’s “robots.txt” files, use or attempt to use any engine, software, tool, agent or other device or mechanism to navigate or search any Eqira Site other than the search engine and search agents available from Eqira on such Eqira Site and other than generally available third party Web browsers (e.g., Mozilla Firefox, Microsoft Internet Explorer); (i) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Eqira Site; (j) aggregate, copy or duplicate, summarize or restate in any manner any of the Eqira Content; (k) link to any Eqira Content or information available from any Eqira Site except using the hyperlink provided by Eqira for such Eqira Content, and then only as a direct link, without framing or hotlinking; or (l) interfere in any way with the performance of any element of the Service restricting access to certain portions of the Service, including, but not limited to, attempting to obtain passwords or other private information from other Users or attempting to deceive Eqira or other Users as to your identity or the source of any data transmitted by you or others.
You will not contribute any User-Supplied Content that: (a) may be reasonably interpreted as a solicitation, advertisement or promotion of any kind; (b) contains any hyperlinks, “hidden” keywords or any keywords that are irrelevant to the themes of the Service; (c) engages in, endorses or promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual; (d) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) contains otherwise restricted or password only access pages, or hidden pages or images; (f) displays or links to pornographic, indecent or sexually explicit material of any kind; (g) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or (h) provides or links to instructional information about illegal or harmful activities or activities that violate the rights of any other party, including without limitation, intellectual property infringement or misappropriation.
8. Disclaimer of Liability and Warranty.
Eqiras disclaimers of liability in this Section are in addition to any other disclaimers elsewhere in this Agreement.
Eqira has the right, but not the obligation, to monitor, modify, restrict the contribution of and/or remove User-Supplied Content, in Eqira’s sole discretion. Eqira has no liability or responsibility to Users for performance or nonperformance of such activities. Eqira is not responsible to you for your reliance on or use of any content or materials constituting all or part of any Eqira Content, any User-Supplied Content, or any other aspect of the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User-Supplied Content that you access through your use of the Service, is your sole risk and responsibility. By viewing the Service, you may be exposed to content that you rely upon to your detriment. You take sole responsibility for such exposure and reliance.
Because user authentication on the Internet is difficult, Eqira cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings, nor do we control the behavior of participants on any portion of the Service, you release Eqira (and our licensors, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute among or between you and one or more Users. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EQIRA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE USE OF THE SERVICE ENTIRELY IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, EQIRA MAKES NO WARRANTIES THAT (A) THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR TIMELY (B) THE SERVICE WILL OPERATE ERROR-FREE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU WILL NOT HOLD EQIRA RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE AND/OR THE EQIRA CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE OTHER THAN A WRITTEN AGREEMENT EXECUTED BY AN OFFICER OF EQIRA SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO EQIRA.
UNDER NO CIRCUMSTANCES SHALL EQIRA BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE EQIRA CONTENT.
9. Additional Disclaimers.
The material contained on eqira.com (“Website”) is copyright of Eqira. All rights reserved. You may not reproduce, transmit, disseminate, sell or publish this information without the prior written consent of Eqira.
All care has been taken in preparing the content for the Website, however certain content is dependent upon information furnished to us by third parties which we cannot necessarily verify. While we use all reasonable efforts to obtain information from reliable sources, we do not guarantee the data or content to be accurate, complete, reliable or timely and do not accept liability for any act or decision not to act resulting from its use.
Any commentary is for informational purposes only and should not be viewed as an offer to buy or sell a particular security. Opinions expressed are current opinions as of their original publication date and are subject to change without notice. They do not constitute a personal recommendation. Any general advice has been prepared by Eqira without reference to your objectives, needs, or financial, tax, or legal situation. You should consider the advice in light of these matters before making any decisions. To obtain advice tailored to your situation, contact a professional financial adviser. Our publications and products should be viewed as an additional investment resource, not as your sole source of information. Past performance is not a guide to future performance; future returns are not guaranteed and a loss of original capital may occur.
The securities, investment methodologies, and strategies (collectively “Strategies”) described in this report are not suitable for all investors. Investors must meet certain eligibility requirements and have the financial ability, sophistication, experience, and willingness to bear the risks of an investment. An investment in any Strategy would be speculative and entail a high degree of risk; no assurance could be given that the Strategy’s investment objective would be achieved or that investors would receive a return of capital. Nothing on the Website is intended to imply that an investment methodology should be considered “conservative,” “safe,” “risk free” or “risk averse.” Investment losses could occur. Strategies often employ techniques such as leverage that may increase the volatility of their performance and increase their risk of loss. They are often illiquid and include restrictions on investors’ ability to withdraw, redeem or transfer interests or shares. They also often involve complex tax structures, which should be reviewed carefully.
The Eqira Market Factors, Composites, and Factor-Based Estimates are entirely model based and do not constitute actual investable securities. They are intended to describe the aggregate theoretical performance of a broad universe of securities, and not any one particular security. Eqira does not guarantee their accuracy. They should not be used as the sole basis of an investment decision. The methods used to derive them are proprietary and subject to change without notice.
10. Limitation of Liability.
IN NO EVENT SHALL EQIRA, ITS OFFICERS, AGENTS, LICENSORS OR SUBCONTRACTORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST INCOME, PROFIT, OR GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RELATING IN ANY WAY TO ANY ELEMENT OF THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EQIRA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, EQIRA, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
11. Third Party Links and Products.
Eqira controls only the Eqira Content located at https://www.eqira.com/ and any other web site that Eqira represents it controls, as stated on such other web site. Eqira does not control or endorse any other web site to which Eqira may link or on which elements of the Service may appear, or any services or products offered by third parties through the Service or the Eqira Content. Eqira does not provide or make any representation or warranty as to such third party sites, nor as to the quality or nature of any of the third party products or services purchased through the Service. Any such undertaking, representation, warranty or guarantee would be furnished solely by the proprietor of the applicable web site or the provider of the relevant product, under the terms agreed to by that third party.
12. Copyright Agent
Unauthorized copying or distribution of copyrighted Eqira Content or User-Supplied Content is an infringement of the copyright holder’s rights. At our discretion and in appropriate circumstances, Eqira may revoke the license of Users who infringe upon the copyright, or other intellectual property rights, of others. If you are a copyright holder who believes that Eqira’s Service is hosting or linking directly to infringing copies of your work, please let us know. Pursuant to 17 United States Code 512(c)(2), our designated agent for notice of alleged copyright infringement on the Service is:
Attn: Copyright Agent
1319 W Addison St, Suite 2B
Chicago, IL 60613
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Service must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
A. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
B. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
C. Information related to the work(s) reasonably sufficient for Eqira to promptly locate the work (e.g. title of work, location within the Service, etc.);
D. Information reasonably sufficient to permit Eqira to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
E. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
F. A statement requesting that Eqira take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
G. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. U.S. Government Restricted Rights
All Eqira Content supplied by or through the Service are provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or their successor regulations. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
The remedies described in this section are in addition to the right of termination described under “Termination” and any remedies described elsewhere in this Agreement.
Eqira reserves the right in its sole discretion to investigate and take legal action against anyone who violates the Code of Conduct or otherwise violates this Agreement, including without limitation, removing offending User-Supplied Content from the Service and/or suspending the offending User’s ability to access the Service. Further, Eqira may take any other action with respect to User-Supplied Content or User actions that it deems necessary or appropriate in its sole discretion, up to and including involving, and cooperating with, law enforcement authorities.
You understand and agree that any unauthorized use of the Service would result in irreparable injury to Eqira for which money damages would be inadequate, and in such event Eqira, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Eqira may have under separate legal authority, including but not limited to, any claim for intellectual property infringement. You understand and agree that your cancellation of your Account is your sole right and remedy with respect to any dispute with Eqira unless you are specifically granted additional remedies by applicable law despite your agreement to so limit your remedies. In that case, your remedies shall be limited to those specifically provided by applicable law.
You agree to defend, indemnify, and hold harmless Eqira, its partners, parent, subsidiaries, affiliates, agents, distributors, contractors and licensors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (a) any improper, unauthorized or illegal uses of your User name, password and/or your Account (including illegal, unauthorized or improper use by anyone to whom you have given permission to use your User name, password and/or Account), (b) any User-Supplied Content or other material you provide to any Eqira Site, (c) your use of any Eqira Content, or (d) your breach of the terms of this Agreement, including without limitation the Code of Conduct. Eqira shall provide notice to you promptly of any such claim, suit, or proceeding.
15. Suspension or Termination
Eqira may, in its sole discretion, terminate this Agreement or suspend your Account at any time with or without notice to you in the event that you breach (or Eqira reasonably suspects that you have breached) any provision of this Agreement, or if Eqira is unable to verify or authenticate any information you submit to Eqira as part of the registration process. If Eqira terminates this Agreement, or suspends your Account for any of the reasons set forth in this paragraph, Eqira shall have no liability or responsibility to you, and you agree that you forfeit any amounts you have paid Eqira. Eqira may terminate this Agreement and your Account for any reason or no reason at the end of the then-current Term by providing notice to you.
You may cancel your Account (including Subscription Services) at any time by contacting email@example.com. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate your subscription. Termination of your subscription shall not relieve you of any obligations to pay.
Upon termination of this Agreement for any reason, all of your rights to use the Service and materials shall immediately terminate, and you shall immediately cease using and destroy all Eqira Content; provided, however, that you are still responsible under the terms of this Agreement for any and all actions you may have taken prior to termination.
16. Modifications to Service and Eqira Content
Eqira may, without liability or obligation, in its sole discretion and at any time make modifications to, or discontinue, any Eqira Content and/or other elements of the Service, with or without providing you with notice (except as we may expressly agree to provide you with notice elsewhere in this Agreement). The modifications may result in certain Eqira Content being unavailable, or incompatible with certain devices. Other Users may similarly delete or cease offering their User-Supplied Content at any time without notice.
Eqira may provide you with any notices under this Agreement by means of a posting on the Service, by e-mail, or by sending a message to you through the Service.
18. Claims and Arbitration
Any action hereunder by a User must be brought, if at all, within one (1) year from the accrual of the cause of action. You agree that the all disputes and claims arising out of, or relating to, this Agreement or any element of the Service, your use of any element of the Service (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Eqira, shall be determined exclusively by final and binding arbitration. Provided however, that you agree that the terms of this paragraph do not apply to any breach or alleged breach of the ownership or license rights of Eqira or any of its licensors with respect to any Eqira Content and/or other elements of the Service, or your (or any third party’s) misuse of the Eqira Content and/or Service, and that, in the event of any such breach of alleged breach, Eqira and its licensors will be irreparably harmed and entitled to equitable and injunctive relief in addition to all other remedies provided by this Agreement or available at law. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a panel of three arbitrators and conducted in Chicago, Illinois. You and Eqira also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Except as expressly set forth in this paragraph, you and Eqira may litigate in court only to compel arbitration under this Agreement to enter judgment on the award rendered by the arbitrators, or to vacate or modify the arbitrators’ award to the minimum extent and only for the specific reasons permitted by applicable law. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate Eqira’s or any of its licensor’s intellectual property rights, or may cause continuing or irreparable harm to Eqira (including, but not limited to, any breach that may impact Eqira’s or it’s licensor’s intellectual property rights, or a breach by reverse engineering), Eqira may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. To the fullest extent permitted by applicable law: no arbitration under this Agreement shall be joined to an arbitration involving any other current or former licensee of Eqira, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Eqira); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Eqira).
Eqira makes no claims that the Eqira Content may be lawfully viewed or accessed outside of the United States. Access to the Eqira Content may not be legal by certain persons or in certain countries. If you access the Service from outside of the United States or provide any Eqira Content or User-Supplied Content to any third party not a United States citizen, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and / or the jurisdiction of the third party receiving such content.
21. Changes to the Agreement
Eqira reserves the right, in its sole discretion, to change, modify or otherwise alter these terms and conditions at any time.
If you have established an Account, we will attempt to inform you of any modifications to this Agreement that affect your obligations to Eqira or our obligations to you by: (a) sending you an email at the email address you provided as part of the registration process or including a notice in our regular email correspondence to you, (b) by a message to you at the time you log into the Service, or (c) a notice to you in connection with any renewal invoice. If you do not agree with any such modifications, your sole remedy is the termination of your Account, which you may request by sending an email to firstname.lastname@example.org. Your continued use of the Service after receiving notice of any modifications indicates your acceptance of the modified Agreement.
If you have not established an Account, any modifications to this Agreement will be effective as to you upon Eqira posting the new terms and/or upon implementation of the new changes on the Service. You agree to review this Agreement periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Agreement.
Document last modified on February 5, 2015.