Trust and Security Matters
Equiant Financial Services Inc. is concerned about the privacy rights of visitors to its Web sites (“Site”) and the security of their data. Accordingly, we have adopted this Privacy and Security Doctrine (“Statement”) for this Site to ensure responsible use of the information you share with Equiant (the term “Equiant” includes Equiant Financial Services Inc., and all of its affiliated companies). Equiant may at any time revise this Statement by updating the Site. You are bound by any such revisions and should therefore periodically visit this page to review the then current Statement.
Please read these terms and conditions of use (these “Terms”) carefully as they form a contract between you (“Obligor” or “you”) and Equiant Financial Services Inc., with its principal place of business at 5401 N. Pima Road, Ste 150, Scottsdale, AZ 85250 (Equiant Financial Services Inc., and all of its affiliated companies collectively referred to as “Equiant” or “we” or “us”). These Terms govern your access and on-demand use of www.equiant.com, all Equiant SaaS and related services available or accessible via the internet, and all related and other URLs operated by Equiant (the “Site”).
By accessing or using the Site you agree to be bound by these Terms (including your corresponding subscription plan terms as identified in your ordering documentation or interface) and any modifications to these Terms that may be made from time to time. If you are using the Site on behalf of an organization or more than one organization, you are agreeing to these Terms for each such organization and warranting and representing to Equiant that you have the authority to bind each such organization to these Terms (in which event, “you” and “your” will refer to that organization as well as you) unless such organization(s) has a separate paid contract in effect with us which by its terms specifically supersedes these Terms. You may use the Site only in compliance with these Terms and only if you have the power to form a contract with Equiant and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SITE AND MUST LEAVE IMMEDIATELY. Should you have any questions concerning these Terms, please contact your Equiant sales representative or renewal representative.
We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the Site. Any changes will be effective upon posting the revised version of these Terms (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, and if you are an existing customer, we will notify you via the Site and/or by email to the email address associated with your account. Therefore, we encourage you to check the date of these Terms whenever you visit the Site to see if these Terms have been updated. Your continued access or use of any portion of the Site constitutes your acceptance of such changes. If you don’t agree to any of the changes, we’re not obligated to keep providing the Site, and you must cancel and stop using the Site.
Despite the foregoing, no such modifications to these Terms shall modify or contradict the terms of any third-party license agreement controlling any licensed or subscribed product at issue, as described herein.
Subject to all the terms and conditions contained in these Terms, you have a limited, non-exclusive, revocable license to access and use the Site and Any portals thereto provided by Equiant for the purposes of accessing information about Equiant or its services, and for the purpose of accessing any services to which you have subscribed via your login credentials. As between you and Equiant, Equiant retains all ownership of all information, data, art, likenesses, images, and all other information visible on or communicated via your use under this license.
To obtain access to certain portions of the Site or services accessible through the Site, you may be required to obtain an account with Equiant (become a “Registered User”), by completing a registration form and designating a user ID and password. Until you apply for and are approved for an account your access to the Site will be limited to the areas of the Site, if any, that Equiant makes available to the general public. When registering with the Site you must:
Only you may use your Equiant account. You must keep your account and passwords confidential and not authorize any third party to access or use the Site on your behalf, unless we provide an approved mechanism for such use. Equiant will not be liable for any loss or damage arising from any unauthorized use of your accounts.
If you purchase a subscription to Equiant services available through the Site, your fees shall be as set forth in the ordering documentation. The fees applicable for the Site or any services obtained via the Site (“Fees”) are available on the Site at the time of purchase or the Site or a relevant quote or order form you have accepted. The price stated for the subscription excludes all taxes and charges, unless stated otherwise. You are responsible for any taxes and for all other charges incidental to using the Site (for example, data charges and currency exchange settlements). You will pay the Fees in the currency Equiant quoted for your account. Equiant reserves the right to change the quoted currency at any time.
You must be authorized to use the credit card that you enter when you create a billing account (if any). You authorize us to charge you for the Site using your credit card and for any paid feature of the Site that you choose to sign up for or use while these Terms are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Site. Also, we may charge you up to the amount you’ve approved, and we’ll notify you in advance of the difference for recurring subscription Site. We may automatically renew your Site access and charge you for any renewal term, unless you provide written notice of non-renewal in advance of the end of your then-then-current subscription. All paid accounts are due the date the invoice is posted on your account. Except as specifically set forth in this section, all Fees are prepaid for the period selected in your ordering documentation (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
By registering with Equiant, you understand that we, or third party licensors from whom you license products or services via Equiant, may send you communications or data regarding the Site, including but not limited to: (a) notices about your use of the Site, including any notices concerning violations of use; (b) updates; and (c) promotional information and materials regarding Equiant’s or the associated third party’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving promotional electronic mail from us by following the opt-out instructions provided in the message.
Except for material that we (or our third-party associated entities accessible to you via our Site) license to you, we don’t claim ownership of any content that is transmitted, stored, or processed in your account(s) in the Cloud. We also don’t control, verify, or endorse the content that you and others make available on the Site.
You hereby grant Equiant and its contractors the right to transmit, use and disclose your content solely to the extent necessary to provide the Site, as otherwise permitted by these Terms or a separate services agreement between Equiant and you, or to comply with any request of a governmental or regulatory body (including subpoenas or court orders), as otherwise required by law, or to respond to an emergency which Equiant believes in good faith requires Equiant to disclose information to assist in preventing the death or serious bodily injury of any person.
You represent and warrant that: (a) you have all the rights in the content necessary for you to use the Site and to grant the rights in this section; and (b) the storage, use or transmission of the content doesn’t violate any law or these Terms.
You will: (a) be solely responsible for the nature, quality and accuracy of the content; (b) promptly handle and resolve any notices and claims relating to the content, including any notices sent to you by any person claiming that any content violates any person’s rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (c) maintain appropriate security, protection and backup copies of the content, which may include, your use of additional encryption technology to protect the content from unauthorized access. Equiant will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any content.
You must immediately notify Equiant in writing of any unauthorized use of: (a) any content (b) any account or (c) the Site that comes to your attention. In the event of any such unauthorized use by any third party that obtained unauthorized access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Equiant with such cooperation and assistance related to any such unauthorized use as Equiant may reasonably request.
You must not use the Site to harm others or to create applications to harm others or the Site itself. For example, you must not use the Site to harm, threaten, or harass another person, organization, or Equiant and/or to build a similar service. You must not: damage, disable, overburden, or impair the Site (or any network connected to the Site); resell or redistribute the Site or any part of it; use any unauthorized means to modify, reroute, or gain access to the Site or attempt to carry out these activities; or use any automated process or Site (such as a bot, a spider, or periodic caching of information stored by Equiant) to access or use the Site. In addition, you promise that you will not and will not encourage or assist any third party to:
We reserve the right, to temporarily suspend or terminate your access to the Site at any time in our sole discretion, with or without (subject to applicable provisions of a separate services agreement you may have with us) cause, with or without notice, and without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Site for: (a) the actual or suspected violation of these Terms; (b) the use of the Site in a manner that may cause Equiant to have legal liability or disrupt others’ use of the Site; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity, APIs, or bandwidth; or (f) unplanned technical problems and outages. If, in Equiant’s determination, the suspension might be indefinite and/or Equiant has elected to terminate your access to the Site for breaches of these Terms, Equiant will use commercially reasonable efforts to notify you through the Site and/or by email to the email address associated with your account. You acknowledge that if your access to the Site is suspended or terminated, you may no longer have access to the content that is stored with the Site.
In addition to other termination provisions, if your account it not currently subject to a paid subscription plan with us, we at our discretion may terminate your account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a Registered User; or (b) you do not engage in any activity in your account for any period of one hundred and twenty (120) consecutive days. In the event of such termination, any content you may have stored will be lost.
If you subscribe to an Equiant service or a third-party service available via Equiant’s Site, you may not terminate or reduce your subscription except as specifically provided in the applicable ordering documentation.
Equiant may terminate your subscription for convenience upon thirty (30) days written notice to you. Equiant may terminate your subscription immediately upon written notice for material breach of these Terms.
In the event of any termination of your subscription, you shall owe Equiant the applicable subscription fees incurred up to the date of termination.
You must remove all of your content before expiration of your subscription. Otherwise, any content you have stored with the Site will not be retrievable, and we will have no obligation to maintain any data stored in your account.
Dispute and refund procedures are set forth separately in Equiant’s Dispute and Refund Policy, available at Equant.com.
If you use any links provided in the Site to internet sites not owned, maintained nor hosted by Equiant (“Off-sites”), you will leave the Site. Equiant is not responsible for any Off-site’s actions, content, privacy policies or terms of use. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any Off-Sites, and Equiant takes no responsibility for such sites. A link to a service or internet site outside of the Site is not an endorsement of the service or the web site, its content, or its sponsoring organization.
The Site is owned and operated by Equiant. As between Equiant and you, Equiant owns all intellectual property rights in and to the Site, other than your content uploaded, transmitted, or created by you. No materials found on the Site or any other site owned, operated, or licensed by Equiant may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio, or video without Equiant’s prior written permission. Equiant neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Equiant.
Unless otherwise specifically noted, images, trademarks, service marks, logos and icons displayed on the Site are the property of Equiant and may not be used without Equiant’s prior written consent. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.
THE SITE CONTAINS SECURED AND NON SECURED SECTIONS. INHERENT IN THE USE OF THE INTERNET AND INTERNET-RELATED TECHNOLOGIES IS SOME RISK OF DISCLOSURE OF INFORMATION, INCLUDING WITHOUT LIMITATION, PERSONAL DATA YOU SUPPLY. YOUR USE OF THE SITE AND YOUR ENTRY OF INFORMATION IS AT YOU OWN RISK. EQUIANT CANNOT ACCEPT RESPONSIBILITY AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGE OR INJURY THAT YOU MAY INCUR OR THAT MAY RESULT FROM YOUR USE OF THE SITE OR THE INTERCEPTION OF INFORMATION YOU PROVIDE, INCLUDING WITHOUT LIMITATION, PERSONAL DATA, BY A THIRD PARTY.
THE SITE AND ITS CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Equiant DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT EITHER THE SITE OR THE SERVER THAT MAKES IT AVAILABLE TO YOU IS FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. Equiant DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Equiant) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SITE AND/OR ITS CONTENTS.
Under no circumstances, including but not limited to negligence by act or omission, shall Equiant or any party involved in creating, producing, or delivering the Site, be liable for any direct, incidental, consequential, indirect or punitive damages that result from the use of, or the inability to use the materials on the Site, even if Equiant or a representative authorized by Equiant has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event, however, shall Equiant’s total liability to you for all damages, losses, indemnitees, and causes of action related to your relationship with Equiant exceed the amount paid by you for access to the Site or the applicable Equiant services in the twelve (12) months preceding the event giving rise to such liability.
Version Effective Date: January 23, 2019