Effective Date: April 28, 2025
Website Terms of Use
1. Acceptance of Terms
1.1 Agreement to Terms
By accessing or using the Equirig, Inc. ("Equirig") websites, mobile applications, or other services (collectively, the "Site"), you agree to be bound by these Website Terms of Service ("Website Terms"). If you do not agree to these Website Terms, you may not use the Site. Your continued use of the Site constitutes your acceptance of these terms as they may be updated from time to time.
1.2 Modifications
Equirig reserves the right to modify or revise these Website Terms at any time. Updated terms will be posted on the Site with a new effective date. You are responsible for reviewing any changes. Continued use of the Site after such updates constitutes acceptance of the revised Website Terms.
2. Eligibility
2.1 Commercial Use Only
The Site is intended solely for business users and commercial entities. By using the Site, you represent and warrant that you are accessing it for purposes relating to your business or profession and not as a consumer for personal purposes. Equirig does not offer services to consumers.
2.2 User Responsibility
You are responsible for ensuring that your use of the Site complies with all applicable laws and regulations. You must be at least 18 years of age and legally capable of entering into binding contracts to use the Site.
3. Use of Website
3.1 Permitted Use
You may use the Site only for lawful purposes and in accordance with these Website Terms. You may view, download, and print content from the Site solely for your internal business purposes related to purchasing or selling Equipment on the Marketplace.
3.2 Prohibited Activities
You agree not to: - Use the Site for any unlawful, fraudulent, or unauthorized purposes; - Attempt to gain unauthorized access to any accounts, systems, or networks; - Use any automated means (such as bots, scrapers, or spiders) to access the Site without Equirig’s prior written consent; - Interfere with or disrupt the operation of the Site or servers; - Upload or transmit viruses, malware, or other harmful code; - Post, transmit, or distribute content that infringes intellectual property rights or is unlawful, defamatory, or obscene.
4. Intellectual Property
4.1 Ownership
All content, features, and functionality on the Site — including but not limited to text, graphics, logos, images, software, and data — are the exclusive property of Equirig or its licensors and are protected by copyright, trademark, and other intellectual property laws.
4.2 Limited License
Equirig grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site strictly for your internal business operations. Except for this limited license, no right, title, or interest in or to any content or materials is transferred to you.
4.3 Restrictions
You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Site without Equirig’s prior written permission. Unauthorized use of the Site may violate intellectual property laws and result in legal action.
5. User-Generated Content
5.1 Responsibility for Content
If you post, submit, or otherwise make available any content on the Site ("User Content"), you are solely responsible for the legality, reliability, accuracy, and appropriateness of such content.
5.2 License to Equirig
By submitting User Content, you grant Equirig a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your User Content in connection with the Site and Equirig’s business operations.
5.3 No Obligation to Monitor
Equirig does not undertake to pre-screen or actively monitor User Content, but reserves the right to remove or disable access to any User Content that, in Equirig’s sole judgment, violates these Website Terms or is otherwise inappropriate.
6. Disclaimers
6.1 No Warranties
The Site and all content, materials, and services available through it are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Equirig disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Equirig makes no warranty that the Site will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
6.2 Site Access and Availability
Equirig does not guarantee continuous, uninterrupted access to the Site. Operation of the Site may be interfered with by numerous factors outside of Equirig’s control. Equirig may suspend, withdraw, discontinue, or change all or any part of the Site without notice.
7. Limitation of Liability
7.1 Exclusions of Liability
To the maximum extent permitted by applicable law, Equirig shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, or business interruption, arising out of or in connection with your use of or inability to use the Site, even if Equirig has been advised of the possibility of such damages.
7.2 Liability Cap
Equirig’s total cumulative liability to you for any claims arising out of or related to your use of the Site shall not exceed one hundred dollars ($100). Certain jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.
8. Privacy
8.1 Privacy Policy
Your use of the Site is also governed by Equirig’s Privacy Policy, which is hereby incorporated by reference. Please review the Privacy Policy carefully to understand how Equirig collects, uses, and discloses personal information. By using the Site, you consent to the practices described in the Privacy Policy.
9. Governing Law and Dispute Resolution
9.1 Governing Law
These Website Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
9.2 Arbitration
Any disputes arising out of or relating to these Website Terms or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
9.3 Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Equirig.
10. Miscellaneous
10.1 Entire Agreement
These Website Terms constitute the entire agreement between you and Equirig concerning your access to and use of the Site and supersede any prior or contemporaneous agreements, communications, or understandings between you and Equirig.
10.2 Severability
If any provision of these Website Terms is held invalid or unenforceable, the remainder of the Terms shall continue in full force and effect. A valid, enforceable provision reflecting the original intent shall replace the invalid provision.
10.3 Waiver
No waiver of any provision of these Website Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Equirig’s failure to assert any right or provision under these Website Terms shall not constitute a waiver of such right or provision.
10.4 Amendments
Equirig reserves the right to modify these Website Terms at any time in its sole discretion. Any changes will be effective upon posting to the Site. Continued use of the Site following such changes constitutes your acceptance of the revised Website Terms.