Terms of Use | EQUELLE

Terms of Use | EQUELLE

These Terms of Use are effective as of September 27, 2024.

Your access to and use of www.equelle.com (the "Site") is subject to these terms of use ("Terms of Use"), including if applicable the Mobile Messaging Terms of Use (as defined below) and all applicable laws. The Site is operated by Bonafide Health, LLC dba Equelle ("Equelle", “we,” “us” or “our”). We make no representation that content, materials or information made available on or accessed through the Site are appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited.

The terms "you" or "user", as used in these Terms of Use, refers to a Visitor, a Registered User and/or a Purchaser, as applicable. By accessing, browsing and/or using the Site you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws. We may change these Terms of Use at any time by updating this posting without prior notice or liability to you, and your continued access, browsing, and/or use of the Site after such change constitutes your acknowledgement and agreement to be bound by such change.

IF YOU SUBSCRIBE TO THE PRODUCTS (“PRODUCT(S)”) AND SERVICES (“SERVICES”) OFFERED ON THE SITE, YOUR PAYMENT METHOD ON FILE WILL BE CHARGED THE TOTAL SHOWN AT CHECKOUT ON THE DAY THAT YOU INITIATED YOUR SUBSCRIPTION. YOU WILL BE CHARGED OUR THEN-CURRENT PRICE PLUS APPLICABLE TAXES EVERY 4 OR 12 WEEKS THEREAFTER UNTIL YOU CANCEL. YOU CAN CANCEL ANYTIME BY VISITING YOUR ACCOUNT PAGE AT WWW.EQUELLE.COM/ACCOUNT.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTES AND ARBITRATION” SECTION BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WITH REGARD TO THESE TERMS AND YOUR USE OF THE SITE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

There may be times when we offer a service or feature that has its own terms and conditions that apply in addition to these Terms of Use (“Additional Terms”). In those cases, the Additional Terms will control to the extent there is a conflict with these Terms of Use, unless the Additional Terms state otherwise.

WEBSITE INTENDED AUDIENCE

THIS SITE IS INTENDED FOR USERS AGE EIGHTEEN (18) AND OLDER. By using the Site, you acknowledge that you are at least 18 years old.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The content and information provided by the Site is for informational purposes only. It may not be complete and does not cover all health issues. Therefore, never use or rely on any information on the Site in place of a consultation with your doctor or other health care provider.

WE MAKE NO MEDICAL CLAIMS AS TO THE BENEFITS OF ANY PRODUCTS, SERVICES, OR CONTENT PRESENTED, OFFERED OR REPRESENTED IN ANY WAY AND NO CONTENT IS INTENDED TO PRESCRIBE OR BE TAKEN AS MEDICAL

ADVICE. You expressly agree that the Site does not provide medical advice and that the Site is not a means for Equelle to provide you medical advice. The content and information presented to you through the Site has been evaluated by the Food and Drug Administration. And is not intended to be and should not be used in place of (a) the advice of your doctor or other healthcare providers, (b) a visit, call, or consultation with your doctor of other healthcare providers, or (c) information contained on or in any Product packaging or label. If you have any health related questions or if you have an emergency, please contact your doctor or other healthcare provider promptly or seek assistance by dialing 911. You should never disregard medical advice or delay seeking medical advice because of any content or information presented to you through the Site, and you should not use the Site for diagnosing of treating a health problem. Your use of the Site does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and us.

We do not recommend self-management of health problems nor do we endorse any particular type of medical treatment. The information and content provided by the Site, including any and all content pertaining to general nutrition, fitness, conditions, and health, is not a substitute for medical advice and nothing contained on the Site or in a response to your inquiries or questionnaires is intended to be a medical diagnosis or treatment plan. ADVANCE CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER IS PARTICULARLY IMPORTANT FOR ANYONE PREGNANT, BREASTFEEDING OR WITH HEALTH PROBLEMS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, LISTENED TO OR WATCHED ON OR ACCESSED THROUGH THE SITE.

We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, Services, or other material on the Site. While we strive to keep the information on the Site accurate, complete, and up-to-date, we do not give any assurances, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.

WE ARE NOT RESPONSIBLE FOR ANY ADVERSE REACTION FROM USING ANY PRODUCTS PRESENTED, OFFERED OR REPRESENTED IN ANY WAY OR TO ANY INGREDIENT CONTAINED IN SUCH PRODUCTS. PLEASE CHECK THE LIST OF INGREDIENTS FOR ANY KNOWN SENSITIVITIES OR ALLERGIES YOU HAVE. PURCHASERS SHOULD CONTACT SUPPORT BEFORE BUYING IF PURCHASER HAS ANY QUESTIONS. IF YOU HAVE A SENSITIVITY OR ALLERGY TO ANY INGREDIENT(S) IDENTIFIED DO NOT USE SUCH PRODUCTS. WHEN IN DOUBT PLEASE CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.

WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, MEDICAL OPINIONS, COURSE OF TREATMENT OR THERAPY. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PROVIDER CONCERNING YOUR PARTICULAR CIRCUMSTANCES AND NEEDS AND NOT RELY ON THE SITE OR THE CONTENT.

You may contact us with general questions regarding our Products, but do not send us any specific medical, therapeutic or treatment questions.

PROPRIETARY RIGHTS

The Site and its contents, including text, graphics, images, photographs, illustrations, videos, audio, code, data, trademarks, service marks, logos, taglines, slogans, trade names, documents, data sheets, and other information and material, made available on or accessed through the Site (collectively, the “Site Content”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by us or our licensors and are protected under both United States and foreign laws, including copyright and trademark laws. Your use of the Site does not grant to you ownership of any of the Site Content. Except as stated herein, none of the Site Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our express prior written consent.

YOUR LICENSE TO USE SITE CONTENT ON OUR SITE

Subject to your compliance with these Terms of Use, you may (a) access and view the Site Content on the Site on your computer or other device. Any rights not expressly granted herein are reserved. If any Site Content is made available on or accessed through the Site with separate license terms, conditions and notices, those portions of the Site shall be governed by such terms, conditions and notices. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Use.

Except for the limited permission in the preceding paragraph, We do not grant you any express or implied rights or licenses under any of our patents, trademarks, copyrights or other proprietary or intellectual property rights or those of any third party, whether by estoppel, implication or otherwise.

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

You may not use the Site for any purpose or in any manner that infringes the rights of any third party. We encourage you to report any content on the Site that you believe infringes your rights. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), We have a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (whose contact information is set forth below) the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and a description of where to locate the material; (d) your contact information; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) 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.

If you believe that any content on a Site contains content that violates your rights other than copyrights, please provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) your contact information.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter- notice containing the following information to the Copyright Agent: (a) Your physical or electronic signature; (b) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (c) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (e) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Please send your notice of claims of copyright infringement or alleged violation of rights other than copyrights to our copyright agent, who can be reached as follows:

Mailing Address: 8531 Fallbrook Ave., West Hills, CA, 91304 

Phone: (818) 221-6200

Fax: (818) 221-6600

E-mail Address: copyrightagent@pharmavite.com

NOTE: This contact information is for notices or complaints regarding potential copyright and other infringement only.

INFORMATION AND CONTENT YOU SUBMIT

The Site may provide you the opportunity to participate and post content publicly in forums, for example through interactive features ("Community Forums"). You may choose to submit or post product reviews, photographs, videos, questions, comments, suggestions or other content, (collectively, "User Content"). Please note that certain information, such as your name, may be publicly displayed on the Site along with your User Content.

We do not claim ownership of any User Content that you post or upload to the Site, except information that is required for your use of the Site or receipt of our Services or Products.

By uploading, posting, emailing, transmitting, or otherwise making available any User Content, you grant us and our affiliates a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User Content and/or incorporate such User Content into any form, medium, or technology throughout the world without compensation to you, subject to our Privacy Policy. You represent and warrant that you own or otherwise control all rights in and to any such User Content, and that our publication and use of your User Content will not infringe or violate the rights of any third party.

You understand that all User Content is the sole responsibility of the person from whom such User Content originated. This means that you, and not us, are responsible for all User Content that you upload, post, email, transmit, or otherwise make available in connection with the Site. We do not control the User Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User Content. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User- Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Site.

You warrant and agree that you shall not transmit, post or upload to or through the Site any submission that is, in or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, unlawful, or that violates or infringes on the rights of any third party, and that all submissions will otherwise comply with these Terms of Use.

We are not responsible for screening or monitoring submissions made to Community Forums or otherwise through the Site by users. If a user notifies us that submissions may violate these Terms of Use, we may investigate the allegation and determine, in our sole discretion, whether to take action. We shall have no liability or responsibility to users for performance or nonperformance of such activities.

We reserve the right not to post or to remove any information or material posted, uploaded, inputted or submitted to the Site for any reason, including, without limitation, any submissions that we determine, in our sole discretion, violate these Terms of Use.

However, we reserve the right to block or remove communications or materials that we determine in our sole discretion to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, (d) offensive or otherwise unacceptable, (e) in violation of these Terms of Use, or (f) in violation of law. The foregoing does not apply to any Personal Information submitted to us through the Site - the use of which is governed by the Site's Privacy Policy.

USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

REGISTRATION AND PASSWORDS

Registration is required to establish an account. Upon registration you will be considered a “Registered User”. You will be required to click on an “I ACCEPT” icon, put a checkmark in a checkbox, or provide some other means of indicating acceptance of these Terms of Use as specified by us in order to establish an account. You must be a resident of the United States and age 18 or older and over the age of majority in your state in order to establish an account.

By registering, you represent and warrant to us that: (a) all information provided by you to us during the registration process is truthful, accurate and complete; (b) you will comply with all terms and conditions of these Terms of Use; and (c) you will not use the Site, any of the Site Content or any other content, materials or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.

As a Registered User, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete. We may terminate your access to the Site (or portions thereof) without prior notice or liability if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Use or the law.

As part of the registration process, you are required to select and use a password. As a Registered User, you acknowledge that you are solely responsible for all activities that occur under your password or account while using the Site. You are responsible for maintaining the security and confidentiality of your password and monitoring and controlling access to your account. You agree to notify us immediately of any unauthorized use of any account or password, or any other known or suspected breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

If you are a Registered User, you may deactivate your account at any time by contacting us at hello@equelle.com. Even if a user deactivates his/her account, some information previously posted or otherwise uploaded may still be accessible by third parties. We are not responsible for the continued accessibility of the information posted or uploaded by a Registered User prior to the deactivation of his/her account. You may re-activate your account by contacting us at hello@equelle.com.

PRODUCT PURCHASE AND PAYMENT TERMS

Purchase of Products and Services through the Site are governed by these Terms of Use and any of our other policies or terms identified in these Terms of Use or presented to you. No purchases will be permitted unless and until you indicate assent to these Terms of Use as provided for on or through the Site. By clicking the “PLACE MY ORDER” button you will indicate acceptance of these Terms of Use.

Payment is due prior to shipment of Products or receiving Services. When you check out you will be required to provide your payment and shipping information. A receipt will be emailed to the email address provided by you.

We reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged (including orders for Products or Services that are mistakenly listed at an incorrect price). If your credit card already has been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.

SUBSCRIPTION PROCESS, RENEWAL, AND CANCELLATION

If you purchase a subscription to a Product through our Site, every month or quarter you will receive a shipment containing a one month's or quarterly supply of the Product from us.

Your subscription will continue on a month-to-month or quarterly basis until you choose to cancel. There is no separate subscription fee associated with your subscription. Your payment method on file will be charged on the same day of the month that you initiated your subscription, and every 4 or 12 weeks thereafter, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the next renewal date.

You can cancel anytime by visiting your account page at https://equelle.com/tools/recurring/get-subscription-access. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. We will send you an email reminder prior to charging your payment provider each subscription period. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your payment provider for the subsequent subscription period. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion.

THIRD PARTY LINKS, CONTENT AND APPLICATIONS

The Site may provide links to certain web sites, services, and features provided by third parties. The Site also may include third party content that we do not control, maintain or endorse. Accordingly, you expressly acknowledge and agree that we are not responsible or liable for your use of any third party Site or online features. Your use of such services is subject to the terms and conditions established by such third parties. We encourage you to review the privacy policies of third parties’ sites.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW:

WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE.

THE SITE (INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT) ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRSS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT MADE BY US WHETHER MADE ON THE SITE, IN RESPONSE TO A QUESTION SUBMITTED ON OR THROUGH THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU UNDERSTAND THAT BY USING THE SITE YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE SITE AND/OR SERVICES. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE SITE BY THIRD PARTIES (INCLUDING ANY USER OF THE SITE) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE SITE. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITE AND/OR SERVICES. A POSSIBILITY EXISTS THAT THE SITE AND/OR SERVICES COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE, WE MAKE NO GUARANTEES AS TO THE SITE'S COMPLETENESS OR CORRECTNESS.

LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITE (INCLUDING, WITHOUT LIMITATION, ALL SITE CONTENT); (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE AND/OR SERVICES AND ANY PRODUCTS PURCHASED THEREFROM; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND OUR SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE SITE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITE OR ANY PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR ANY PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY US.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."

INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, attorneys' fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your breach or anticipatory breach of these Terms of Use or any Additional Terms; (b) your use of the Site or activities in connection with the Site; (c) your User Content; (d) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) our use of your information as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and us. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

TERMINATION

In our sole discretion, we reserve the right to terminate, suspend, or block your access to and use of the Site, without notice and liability, for any reason, including, without limitation, if we believe your conduct fails to conform with these Terms of Use. We also reserve the right to investigate suspected violations of these Terms of Use, including, without limitation, any violation arising from any emails you send to the Site or to us.

Any provision of these Terms of Use, which by its terms, ought to survive, shall survive any termination of these Terms of Use.

LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

Unless otherwise specified, the Site is presented solely for, and any coupons, promotions and programs are offered only to, residents of the United States of America, the U.S. Virgin Islands, Puerto Rico and Guam.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction 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. We control and operate the Site from offices located in the United States and make no representations or warranties that the information, Products or Services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide, and to offer different products or prices based on geographic area.

COMPLIANCE WITH LAWS AND EXPORT CONTROL

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site or Site Content in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that is or encourages conduct that could or does constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

You acknowledge and agree that the Site shall not be used, and none of the Site Content or underlying information, software or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

We and our licensors make no representation that the Site or the Site Content made available on or accessed through the Site are appropriate or available for downloading or use in other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. Access to the Site and/or the Site Content made available on or accessed through the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws, including without limitation export and import regulations and intellectual property laws of the Unites States and other countries. Any diversion of the Site and/or any Site Content obtained from or through the Site contrary to the laws of the United States or any other jurisdiction is prohibited.

DISPUTES AND ARBITRATION

Any dispute you have with us should be submitted to our Customer Success Team within thirty days of the event giving rise to the dispute. The Customer Success Team can be contacted via postal mail at: 3043 Fourth Ave, San Diego, CA 92103, Attention: Customer Success Team via email at: hello@equelle.com. Please allow at least thirty (30) days for us to address your complaint prior to taking further action.

Except for disputes relating to the infringement of your or our intellectual property (such as trademarks, trade dress, copyright and patents) or where you or we are seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to these Terms of Use, your use of the Site, your purchase of any of our Products or Services, or any advertisement or promotion, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.

This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent with the Federal Arbitration Act, California law. The arbitration will be conducted in Los Angeles County, California, in English by three arbitrators appointed in accordance with the American Arbitration Association’s rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. At your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. In-person arbitration hearings will be conducted at the time the dispute is submitted to arbitration. If your claim is for less than 5,000 and successful, we will pay the costs of the arbitration (not including your attorneys’ fees. In all other cases, you will pay 50% of the cost of any arbitration and you alone will be responsible for your attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.

THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS OF USE AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE TERMINATION OF THESE TERMS OF USE. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE, SHALL NOT APPLY.

You agree that any action at law or in equity relating to the arbitration provision of these Terms of Use or the Excluded Disputes will be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms above, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with us.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM TERMS AND CONDITIONS

We offer a mobile messaging marketing program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Marketing Terms and Conditions and Our Privacy Policy located at https://equelle.com/pages/privacy-rights (collectively the “Mobile Messaging Terms of Use”) which supplement the Terms of Use. By opting into or participating in the Program, you accept and agree to these Mobile Messaging Terms of Use in addition to the Terms of Use, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute and Arbitration” section above. The Mobile Messaging Terms of Use is limited to the Program and is not intended to modify the Terms of Use, Additional Terms, or the Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these Mobile Messaging Terms of Use apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these Mobile Messaging Terms of Use, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that We and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Our Products and/or Services. Messages may include checkout reminders.

Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@equelle.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable laws to use and/or engage with the Program.

Prohibited Content: You acknowledge and agree to not send any prohibited content through the Program. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that We may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

MISCELLANEOUS

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use or to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. No waiver by us of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer, nor will such a waiver be deemed a further or continuing waiver of such term or condition or any other term or condition. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without any notice to you. However, you may not assign, transfer, or sublicense these Terms of Use except with our prior written consent. Headings and paragraph or section titles are inserted only as a matter of convenience and do not, and shall not be used to, explain any paragraph or provision. You agree that these Terms of Use will not be construed against us by virtue of our having drafted these Terms of Use. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms of Use and perform your obligations hereunder, and nothing contained in these Terms of Use or in the performance of such obligations will place you in breach of any other contract or obligation. 

OUR RIGHT TO UPDATE THESE TERMS

We reserve the right to modify or add to these Terms of Use at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.

CONTACT INFORMATION

If you have any questions or concerns regarding our Terms of Use, please contact us by email at hello@equelle.com.