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Terms of Service

Acceptance of Terms of Service; Modification to Terms of Service

Thank you for visiting Equuleus Designs through www.equuluesdesigns.com or www.equuleus.co, for services of Equuleus Designs, LLC (“Equuleus Designs”), a California Limited Liability corporation doing business as Equuleus. Equuleus Designs provides its design, retail, and web site services (“web site”) subject to the following terms of service (“Terms”).

By using Equuleus Designs’ services or website, providing any data or images, or ordering products, you are indicating your agreement to be bound by these terms and all revisions thereof. If you do not agree to these Terms, do not accept them and discontinue using and accessing the Equuleus Designs’ services or website. These Terms are applicable to your use of the services or website regardless of how you accessed the services or website.

We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in Equuleus Designs’ good faith reasonable judgment, Equuleus Designs will notify you via email or by posting a notice on the homepage of the website. You should review these Terms from time to time so that you understand the terms and conditions of your use of the Site. If you do not agree to any amendment of these Terms, you must immediately stop using the services or website. Your continued use of the services or website after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us at info@equuleusdesigns.com.

You must be 13 years of age or older to use the services or website. If you are not at least 13 please discontinue your use of the services or web site and do not provide any personal or other information to Equuleus Designs on or through the website. If you are between the ages of 13-18, please obtain the permission of your parent or legal guardian before using the services or website.

In using the Equuleus Designs design services or website, you also agree:

  • not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • not to upload, download, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
  • not to upload, download, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • not to upload, download, post, email, or otherwise transmit false or misleading information;
  • not to disrupt or interfere with the security of, or otherwise abuse, the website, or any services, system resources, accounts, servers, or networks connected to or accessible through the website or affiliated or linked websites.
  • not to access, tamper with or use non-public areas of the website. Unauthorized individuals attempting to access these areas of the website may be subject to prosecution;
  • not to disrupt or interfere with any other user’s enjoyment of the website or affiliated or linked websites;
  • not to collect or store personal information about any other use of the website.

  

COPYRIGHT

When you work on designs with Equuleus Designs or on its website, you keep your copyright if you have one or choose one. In order to maintain its design services and Internet-based services, Equuleus Designs may be required to be able to copy, crop, modify, reproduce, display, and distribute your Content worldwide. Equuleus Designs will only perform these actions to the extent necessary to provide its service, but by submitting Content to Equuleus Designs you grant Equuleus Designs a non-exclusive, worldwide, transferable license to do so. If your Content is uploaded or provided as a design available on the Equuleus Designs web site or affiliated reseller or distributor, you grant to Equuleus Designs a non-exclusive, worldwide, transferable license to create derivative works of, modify, copy, sell, display and distribute the Content created from or based on such Content so long as such process is an essential step of the design service we provide. If you choose to make your design available for sale on Equuleus Designs’ website or through affiliated resellers or distributors by signing the Distribution Policy. All designs you work on with Equuleus Designs remain private unless you specifically sign the Distribution Policy.

By making your design public on the Equuleus Designs website, you give Equuleus Designs the right to display or print your design, including photographs of that design, for use in materials used to help market both Equuleus Designs and its resellers or distributors. Be aware that Google and other search engines may also index such public designs.

By providing to Equuleus Designs or uploading to the Equuleus Designs web site any photograph, illustration, drawing, text, or other content [“Content”] you represent and warrant that:

  • you have the lawful right to reproduce and distribute such Content;
  • that the Content complies with all applicable federal, state, and local laws, regulations, and ordinances;
  • that the Content does not violate any copyright, trademark, trade secret, or other intellectual property right of any third party;
  • that the Content does not invade any individual’s right of privacy or celebrity;
  • that the Content is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically, or otherwise objectionable.

We value the copyright of all images. You retain all rights to the design applied to any image provided to Equuleus Designs for production, unless we have mutually agreed to other terms in writing. To make your design available for others to see or purchase, you must sign our Distribution Policy. You can find more information about copyright in our Terms of Service.

Equuleus Designs cannot work with images that you do not own or have permission to reproduce. Whether or not you have legal permission to reproduce a design is not something we can determine for you. It is your responsibility to understand the permissions associated with any design you upload.

You control your designs. In order to create Equuleus Designs we have to be able to do things like reproduce and distribute the designs you provide, we outline such actions below in the section titled Proprietary Rights. But at all times you retain both copyright and control over your designs. We will not sell, share, or reproduce your work except as necessary to produce your design and possibly post it on our website in accordance with our Design Services Policy.

You understand that Equuleus Designs provides design services and does not filter or examine Content provided to Equuleus Designs or uploaded to or published on the website, but that Equuleus Designs and its designees shall have the right (but not the obligation) in their sole discretion to review and to reject or remove any Content that is available via Equuleus Designs or affiliated resellers or distributors or web site. Upon placing any order through the Equuleus Designs stores or website, you acknowledge that Equuleus Designs may review it and the Content it contains for adherence to our guidelines and compliance with the terms and conditions set forth in these Terms. Without limiting the foregoing, Equuleus Designs and its designees shall have the right to refuse to fulfill any order for any reason and to remove any Content that violates the Agreement or is otherwise objectionable to us. At our discretion we will remove Content and/or user accounts that violate our policies with respect to the website. Equuleus Designs reserves the right to amend the policies described above from time to time at its sole discretion.

You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Equuleus Designs nor any other party involved with the production of any product incorporating such Content, including but not limited to designs and fabrics, assumes that responsibility. Equuleus Designs’ production of any product depicting your Content, including but not limited to designs and products, does not indicate that Equuleus Designs accepts, approves of, or endorses the Content, that the Content complies with applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

You hereby agree to waive any claims against Equuleus Designs and its affiliated resellers, distributors, contractors, agents, third party service providers, and employees (collectively, “Representatives”) for losses, damages, and injuries that are based on or relate to communications or materials made available to the Equuleus Designs stores or website or posted on the website, including other Content, by other users and persons other than Equuleus Designs or its Representatives.

Equuleus Designs greatly respects the intellectual property rights of others. We ask you to please do the same. Equuleus Designs will not produce designs if it believes they may be infringing the copyright or other intellectual property rights of others.

It is Equuleus Designs’ policy to respond expeditiously to claims of infringement. Equuleus Designs will promptly process and investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. Equuleus Designs may terminate work on designs it believes to be infringers at its sole discretion.

If you believe in good faith that your copyrighted material has been posted on the Equuleus Designs web site in violation of any applicable rights or licenses, and you want this material removed, you must provide Equuleus Designs with a written communication that details the information listed in this section. Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following: 

1.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

3. a description of the copyrighted work(s) claimed to have been infringed;

4.  an identification of the material that is claimed to be infringing, including a link to or description of where the claimed infringing Content is located on our website so that Equuleus Designs is capable of finding and verifying its existence;

5.  contact information, including identification of the copyright owner, your name, address, telephone number, and email address;

6.  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

7.  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyright interest involved.

Send the written infringement notice and the materials above to our “Designated Copyright Agent” the following address:

Designated Copyright Agent 

Equuleus Designs, LLC

PO BOX 650

Vineburg, CA 95476

Phone: 415.441.4722

Email: larissa@equuleus.co

Upon receipt of notices complying, or substantially complying, with the DMCA and this section, Equuleus Designs will use its reasonable efforts to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

 

PRIVACY

Your privacy is very important to us at Equuleus Designs. We collect and store personal information when you shop, design, register, move through the website, and make purchases. Visitors to the Equuleus Designs website should refer to our Privacy Policy for more detailed information about how Equuleus Designs collects and uses personal information. By using the Equuleus Designs design services or website and accepting these Terms, you expressly consent to Equuleus Designs’ use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference.

Notwithstanding the foregoing, you acknowledge and agree that Equuleus Designs may preserve Content and may also disclose Content or information, including your personal information, if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Equuleus Designs, its users, and the public. We may also disclose personal information as necessary to investigate or prevent violations of these Terms or suspected illegal activity, to trusted partners who work with us under confidentiality agreements, or to a company that acquires or merges with Equuleus Designs. Equuleus Designs is not liable for damage incurred due to use of personal data posted in a public profile or public designs on the Site.

Equuleus Designs sets and accesses cookies to keep track of login and or design status. Please refer to your browser's "Help" menu for how to change cookie preferences.

 

PROPRIETARY RIGHTS

You acknowledge and agree that any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the website by Equuleus Designs, or its Representatives (“Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use, reproduce or distribute any design or website Content without the authorization of the owner of such design or website Content, except for uses permitted by law.

You acknowledge and agree that the website and any software used in connection with the designs or website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such designs and the website shall remain the property of Equuleus Designs and you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the designs or web site, in whole or in part.

 

WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT THAT YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS), OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS, OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.

 

INDEMNITY

You agree to defend, indemnify and hold Equuleus Designs and Equuleus Designs’ officers, directors, employees, and other Representatives harmless from all judgments, awards, losses, liabilities, costs, and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through Equuleus Designs stores, or affiliated resellers or distributors, or website, (b) your use of the designs or web site, (c) your connection to the designs or website, (d) your violation of these Terms, or (e) your violation of any rights of a third party.

 

TERMINATION

You agree that Equuleus Designs, in its sole discretion, may terminate your password, account (or any part thereof) or use of the designs or web site, and remove and discard any Content you may have contributed to the designs or web site, at any time for any reason or no reason. Equuleus Designs may also in its sole discretion and at any time modify the Equuleus Designs stores, or affiliated resellers or distributors, or website, or any portion thereof, or discontinue providing these services, or any part thereof, with or without notice. Further, you agree that Equuleus Designs shall not be liable to you or any third-party for any termination of your access to the designs or web site.

 

LINKS

The website may provide, or third parties may provide, links to other websites or resources. Because Equuleus Designs has no control of such sites and resources, you acknowledge and agree that Equuleus Designs is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Equuleus Designs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

 

PRICING

Prices for products through Equuleus Designs stores, or affiliated resellers or distributors, or website are described therein and are incorporated into these Terms by reference. All prices are in US dollars. Prices and products may change at Equuleus Designs’ discretion.

 

SHIPPING

Title and risk of loss for all designs ordered by you shall pass to you on Equuleus Designs’ shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges, and other transportation costs for shipment of designs ordered by you through the Equuleus Designs stores, or affiliated resellers or distributors, or website, unless otherwise stated in writing or agreed by Equuleus Designs (such as through a special offer).

 

RETURNS

For custom items, due to the highly custom nature of Equuleus Designs’ products and services, there are no returns and all sales are final.

For stock items, products may be returned with original tags attached, within 30 days of purchase for a full refund of the item’s cost, less shipping charges.

 

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF EQUULEUS DESIGNS SERVICES, STORES, OR AFFILIATED RESELLERS OR DISTRIBUTORS, OR WEBSITE IS AT YOUR SOLE RISK. THESE DESIGNS AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH EQUULEUS DESIGNS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EQUULEUS DESIGNS AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EQUULEUS DESIGNS OR THROUGH OR FROM EQUULEUS DESIGNS STORES, OR AFFILIATED RESELLERS OR DISTRIBUTORS, OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

EQUULEUS DESIGNS DOES NOT MAKE ANY WARRANTY THAT (A) THE DESIGNS OFFERED THROUGH EQUULEUS DESIGNS STORES, OR AFFILIATED RESELLERS OR DISTRIBUTORS, OR WEBSITE, THE CONTENT THEREOF OR ANY PRODUCTS ORDERED THROUGH THESE, INCLUDING YOUR DESIGNS, WILL MEET YOUR REQUIREMENTS, OR (B) THAT EQUULEUS DESIGNS STORES, OR AFFILIATED RESELLERS OR DISTRIBUTORS, OR THE WEB SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY DESIGNS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EQUULEUS DESIGNS STORES, OR AFFILIATED RESELLERS OR DISTRIBUTORS, OR WEB SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL EQUULEUS DESIGNS OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE EQUULEUS DESIGNS STORES, OR AFFILIATED RESELLERS OR DISTRIBUTORS, OR WEB SITE OR ANY DESIGNS OR PRODUCTS ORDERED THROUGH THESE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR BE DISSATISFIED WITH YOUR USE OF THE EQUULEUS DESIGNS STORES, OR AFFILIATED RESELLERS OR DISTRIBUTORS, OR WEB SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THESE AND IN THE EVENT THAT ANY DESIGNS PRODUCTS OBTAINED THROUGH THE EQUULEUS DESIGNS STORES, OR AFFILIATED RESELLERS OR DISTRIBUTORS, OR WEB SITE ARE DEFECTIVE, YOUR REMEDY AND EQUULEUS DESIGNS’ SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY EQUULEUS DESIGNS OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO EQUULEUS DESIGNS FOR SUCH DEFECTIVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree that any claim or cause of action arising out of or related to your use of the Equuleus Designs stores, or affiliated resellers or distributors, or web site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

GENERAL

If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

Equuleus Designs shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Equuleus Designs, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

The laws of the State of California will govern this Agreement. Equuleus Designs may elect to resolve any controversy or claim arising out of or relating to these Terms or the Equuleus Designs stores, or affiliated resellers or distributors, or web site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Sonoma, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Sonoma, California, necessary to protect the rights or the property of you or Equuleus Designs (or its Representatives), pending the completion of arbitration.

©2017 Equuleus Designs, LLC

 

 

Terms of Service for equuleus.co

Introduction

Welcome to equuleus.co. This website is owned and operated by Equuleus Designs, LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of Jun 12, 2017.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any equuleus.co employees or representatives.


We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Equuleus Designs, LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless Equuleus Designs, LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.


Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Equuleus Designs, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.


Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Equuleus Designs, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on equuleus.co, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Equuleus Designs, LLC, and/or its licensors, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Equuleus Designs, LLC.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Equuleus Designs, LLC from our offices located in the state of CA, US. It can be accessed by most countries around the world. As each country has laws that may differ from those of CA, by accessing our website, you agree that the statutes and laws of CA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Sonoma, CA You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, EQUULEUS DESIGNS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Equuleus Designs, LLC
PO BOX 650
Vineburg, CA 95487
US