EQUIPCHECK, LLC (the “Company”) maintains the EquipCheck website located at getequipcheck.com and all other websites owned and operated by EquipCheck (the “Site”) and related mobile applications, including related features, products, and services (collectively, the “Service”). You should read these Terms of Use (this “Agreement”) carefully before using the Service. Access to and use of the Service is subject to the terms and conditions set forth below, and your use of the Service signifies and constitutes your acceptance of this Agreement. If you do not agree to this Agreement, you should not use the Service. Company may revise this Agreement from time to time. Although Company may include a notice on the home page of the Service that the Agreement has been modified, such notice may not remain in place for any extended period of time. Accordingly, you should review the Agreement as posted on the Service from time to time. Using the Service after any revised Agreement has been posted will constitute your acceptance of the revised terms.
You and the Company may be referred to as the “Parties” and each individually, a “Party.”
Your entry into this Agreement shall not affect any written agreements between you and Company, all of which shall remain in full force and effect according to their terms. With respect to your use of the Service, any written agreement between you and Company regarding the Service shall govern in the event of any inconsistency between this Agreement and such written agreement.
Company may update this Agreement from time to time, so you should be sure to review the most recent version posted on the Service prior to providing any information to Company using the Service.
1. Purpose of the Service. The Service provides specialized, cross-platform, cloud-syncing software, with related hardware components for the management and tracking of equipment and other inventory. NEITHER COMPANY NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. COMPANY IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR AND DOES NOT OFFER PROOF OF OWNERSHIP OR POSSESSION OF RECORDS. Your personal situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any record management, insurance, or financial strategy, you should consider obtaining advice from your accountant or other financial advisers who are fully aware of your individual circumstances. You acknowledge that Company disclaims any responsibility for or liability related to your use of the Service (see “Disclaimer of Warranties” below).
2. Use of the Service. Use of the Service may be available through a compatible Internet browser or mobile device and may require network connections and software. In addition, certain sections of the Services work in connection with hardware components which the Company provides to certain of its customers by agreement. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications Company. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes. Accurate records enable Company to provide the Service to you. You must provide true, accurate, current and complete information about your accounts and you may not misrepresent your registration information. In order for the Service to function effectively, you must also keep your registration information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. You agree that Company may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Company a perpetual, worldwide, fully-transferable, sub-licensable, irrevocable, royalty-free license to use the feedback you provide to Company in any way. You further agree that you will not: (i) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service, without Company’s express written consent, which may be withheld in Company’s sole discretion; (ii) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers; (iii) post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Company or the Service; or (iv) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
3. Lawful Use; Use by Minors. Your access to and use of the Service is subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Service in any manner or for any purposes that are unlawful or prohibited by this Agreement. The Service is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Service, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register for the Service. Company reserves the right to terminate your membership in the event that Company becomes aware you are under 18.
4. User Accounts. To post information to and otherwise use the Service, you must first register by creating a User Account. User Account registration requires you to submit to Company certain personal information, such as your name, address, mobile phone number, and other information. You grant Company the right to provide any information you submit to Company to third parties for purposes of facilitating the completion of any monetary transactions initiated by you or on your behalf. You understand that your continued use of the Services following any trial period may result in charges to you for the Services (“Charges”). Charges will include applicable taxes where required by law. Charges are based on Services purchased and not actual usage and fees paid are non-refundable. Company reserves the right to establish, remove and/or revise the Charges to you for the Services for all or part of the Services at any time in Company’s sole discretion. Company will use reasonable efforts to inform you of such Charges and You may elect to cancel the Services rather than pay the Charges. You understand that your continued use of the Services following notice from Company may result in charges to you for the Services and that Company may terminate or suspend the Services until you have paid the Charges.
In addition, we also have arrangements with vendors who provide us with certain hosting and data storage services. Those companies are provided (either by us or directly by you) with your information as part of the service for which they are hired. These companies are authorized to use your information only as necessary to provide these services. We require these companies to maintain the confidentiality of the information they receive, and prohibit them from using the information for any other purpose.
You are responsible for safeguarding the password that you use to access your User Account, and it is recommended that you choose a strong password, i.e., a password of sufficient length and complexity such that third parties will not readily guess your password. You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account, and you must notify Company promptly of any unauthorized use or suspected breach of security of your User Account. Company shall not be liable for any losses that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. Company owns your User Account credentials and may revoke or change them at any time.
5. User Content, By using the Service, you may choose to submit information, data, passwords, usernames, PINs, other log-in information, as well as information regarding records, photographs, and other materials and content relating thereto (collectively, the “User Content”). You expressly agree that you shall not post any User Content: (i) that infringes or misappropriates any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iii) that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; pornographic or obscene (iv) that contains individually identifiable health information subject to the HIPAA Privacy Rule; (v) that violates any other agreement you may have entered into with a third party; or (vi) that contains any computer viruses, worms or other potentially damaging computer programs or files.
6. Rights you Grant to Company. By submitting User Content to Company through the Service, you are licensing that User Content to Company solely for the purpose of providing the Service. Included among that User Content may be your name and logo, which you hereby authorize Company to display on its website and customer list and in Company’s marketing materials. Company may use and store the User Content, but only to provide the Service to you. By submitting this User Content to Company, you represent that you are entitled to submit it to Company for use for this purpose, without any obligation by Company to pay any fees or other limitations.
7. Intellectual Property Rights. Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data, and other materials appearing on the Service which are not User Content (the “Company Content”) and all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques, and other technology (the “Technology”) displayed, used, or incorporated on the Service by Company are copyrights, trademarks, service marks, trade secrets, or other intellectual property or proprietary content owned or licensed by Company. You may use the available Company Content and Technology only for your own personal use and internal business purposes, but you may not reverse-engineer or decompile any of the Technology. You may print a copy of available Company Content solely for such purposes, but you may not remove any copyright, trademark or other notice displayed on the corresponding webpage or print-out. You may not use the available Company Content and Technology on behalf of any third party or as part of a managed service. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the available Company Content and Technology, in whole or in part, for any purpose without the express written permission of Company or the respective owner. Nothing in this Agreement shall be construed as granting any permission (except as set forth in this paragraph), right, or license in any of the Company Content or Technology. All intellectual property rights are fully reserved by Company and any third party owners of those rights.
8. Links to and from Other Websites. Portions of the Service may include links to third-party websites. In addition, you may have entered the Service via links on other third-party websites. Such links are provided or permitted to exist as a convenience measure, and Company is not responsible for the information, advertising, products, services, content, or other material of any third-party website, regardless of whether such third-party website links to the Service or is accessible by a link from the Service. The inclusion and use of links does not imply sponsorship or endorsement by Company of any third-party website. Company may provide experiences on social media platforms such as Facebook® and Twitter® that enable online sharing and collaboration among users who have registered to use them. Any content you access or post through such platforms, e.g., pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
9. Use of “Cookies” and Similar Tools. You understand and agree that Company may store information on your computer in the form of a “cookie” or similar tool for purposes of improving the functionality of the Service.
10. Disclaimer of Warranties. Company does not warrant that the Service will be available. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take. Company does not warrant that User Content, Company Content, or Technology, regardless of its source, is accurate, complete, reliable or current. The Service is provided for informational purposes only and does not constitute an endorsement by Company of any product, service or merchant. You should not rely on such information in situations where its inaccuracy could cause you to suffer any loss.
ALL PRODUCTS, SERVICES, INFORMATION, DATA, TEXT, USER CONTENT, COMPANY CONTENT, TECHNOLOGY, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE AND ITS SERVERS WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (I) MERCHANTABILITY OR SATISFACTORY QUALITY, (II) FITNESS FOR A PARTICULAR PURPOSE, (III) TITLE, AND (IV) NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. COMPANY FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF YOUR TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.
11. Limitations on Liability. In no event shall Company, its agents, licensors, or service providers, or any other person or entity involved in creating, promoting, maintaining, hosting, or otherwise making available any User Content, Company Content, Technology, or other aspect of the Service, be liable to you or any other person or entity for any direct, indirect, incidental, special, consequential, punitive, or other such damages, including but not limited to any damages associated with: (i) loss of goodwill, profits, business interruption, or data, or other such losses; (ii) your inability to use the Service, any unauthorized use of the Service, or any function of the Service or failure of the Service to function; (iii) the provision of or failure to provide any service though the Service; (iv) errors or inaccuracies in the User Content, Company Content, Technology, or any advertising or other information, software, products, services, and related graphics used, viewed, or obtained through the Service; or (v) any property loss including damage to your computer or computer system caused by viruses or other harmful components encountered during or on account of access to or use of this Service or any third-party website linked to this Service. These limitations of liability shall apply regardless of the form of action, whether based in contract, negligence, strict liability, other tort, or otherwise, and even if Company has been advised of the possibility of any particular damages. To the extent you allege or assert any damages associated with the Service which are not excluded by the foregoing, then Company’s liability (and that of its agents, licensors, or service providers) for such damages shall not exceed one hundred dollars ($100.00 USD).
12. Indemnification. You agree to indemnify, defend, and hold harmless Company, its agents, licensors, and service providers, and their respective past and present officers, directors, employees, and representatives, from and against any and all claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, including any warranty you provide herein, or otherwise resulting in any way from your use of the Service.
13. Copyright Complaints. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Company’s designated agent with the following information:
Company’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted by email at the following address: contact@getequipcheck.com. Company has adopted and implements a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of Company and/or others. For more details on the information required for valid DMCA notification, see 17 U.S.C. 512(c)(3). You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
14. Governing Law; Disputes; Enforceability. Each Party agrees that this Agreement is governed by and shall be construed in accordance with the laws of the State of Florida in all respects, without regard to choice or conflicts of law rules, and that all disputes arising out of or relating to this Agreement are limited to the exclusive jurisdiction and venue of the state and federal courts located within Orange County, Florida. Each Party hereby consents to and waives any objections with respect to such jurisdiction and venue.
EACH PARTY HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THIS SECTION HAS BEEN FULLY DISCUSSED BY EACH OF THE PARTIES HERETO AND THESE PROVISIONS WILL NOT BE SUBJECT TO ANY EXCEPTIONS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.
15. Assignability. Company may assign this Agreement and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of Company or the sale of substantially all of Company’s assets related to the services being provided to you, to the surviving or successor entity with reasonable notice to you. You may not assign this Agreement or the rights and obligations hereunder without the prior written consent of Company.
16. Term and Termination. The term of this Agreement shall commence upon your first use of the Service, and shall continue until the earliest of (i) as long as you or any persons given access by you retain access rights to the Service, (ii) as long as there remains in effect a Master Services Agreement between you and the Company, and (iii) until Company ceases to operate the Service or closes your User Account. Company shall not have any ongoing obligation to provide the Service; thus, Company may cease to operate the Service at any time and for any reason. Without limiting the foregoing, Company may cease to provide your User Account in the event of: (i) any dispute or termination of Company’s relationship with you; (ii) any dispute concerning ownership or control of your User Account; or (iii) use of your User Account in a manner that Company, in its sole discretion, considers improper or unacceptable. Company reserves the right to limit the period of time during which Company may make any User Content pertaining to you available on the Service. The Service should not be viewed as your backup, archival or storage service with respect to any User Content.
17. Privacy Policy. Any data that you provide to Company using this Service is subject to the Privacy Policy that is posted on the Service and in effect at the time such data is provided. Company may update its Privacy Policy from time to time, so you should be sure to review the Privacy Policy posted on the Service prior to providing any information to Company using the Service. This Agreement and Company’s Privacy Policy (which is incorporated herein by reference), together with the Master Services Agreement (for clients, as applicable) constitute the entire Agreement and supersede any other agreements or understandings (oral or written) between you and Company with respect to their subject matters.
UPDATED January 1, 2020