The following terms of use (the “Terms of Use”) govern your access to and use of: (a) the Pequity website located at www.getpequity.com (the “Pequity Website”); and (b) all other services provided by Pequity, as described on, or provided through, the Pequity Website (collectively, the “Pequity Platform”). These Terms of Use form an agreement between Pequity Inc. (“Pequity”, “us”, “we”, “our”) and you. The term "you" refers to the person or entity visiting the Pequity Website, browsing, installing, downloading, accessing or otherwise using the Pequity Platform (“use” or “using” in these Terms of Use will mean any of the foregoing).
BY USING THE PEQUITY PLATFORM (AS THAT TERM IS DEFINED ABOVE), YOU: (A) REPRESENT AND WARRANT THAT YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION2. IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU MUST NOT USE THE PEQUITY PLATFORM. IF YOU ARE USING THE PEQUITY PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.
1. Permitted Use
The Pequity Platform is provided solely (the “Permitted Use”) to assist you by providing you with tools and resources that may be helpful in managing, supporting, or improving compensation, recruitment, and human resources processes for corporate entities (the “Pequity Services”). As a condition of your use of the Pequity Platform, you represent and warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you will use the Pequity Platform in accordance with these Terms of Use; and (d) all information supplied by you on the Pequity Platform is true, accurate, current and complete. Pequity retains the right, at its sole discretion, to deny you access to the Pequity Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from any such access or use immediately upon request by Pequity.
2. Changes to these Terms of Use and Pequity Platform
Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time without notice. Your continued access to or use of the Pequity Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly. We reserve the right to change any designs, graphics, pictures, videos, music, sounds, names, words, titles, phrases, logos, marks, information, material, images, text, data, media or content contained on or provided through the Pequity Platform at any time, and from time to time, without notice.
3. Data You Upload To Us
You grant to us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter into the Pequity Platform; or (b) we collect from your local computer system or mobile device or from third parties with your permission, and (in each case) including all results from processing such data, information, records and files, including compilations, and derivative works thereof, including for the purpose of: (i) providing the Pequity Services and making available the Pequity Platform; (ii) complying with applicable law; and (iii) complying with our reasonable audit and data retention policies.
4. User Account for Pequity Platform
You may be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Pequity Platform and be issued with, or create your own, username and password login credentials (the “User ID”) in order to use the Pequity Platform. If you are issued with a User ID or if you customize this User ID, you will keep your User ID secure and will not share your User ID with anyone else. We reserve the right to disable any User Account issued to you at any time in Pequity’s sole discretion. If we disable access to a User Account issued to you, you may be prevented from accessing the Pequity Platform, or your account details.
5. Term and Termination
These Terms of Use will commence on the day you first use the Pequity Platform and will continue into force until terminated by either party (the “Term”). Either party may terminate these Terms of Use as follows: (a) Pequity may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at Pequity’s discretion, by email (at your current email address on file with Pequity) or through the Pequity Platform; (b) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Pequity Platform) that your User Account be deleted, and ceasing use of the Pequity Platform.
6. Ownership
The Pequity Platform, including (without limitation) all designs, graphics, pictures, illustrations, software, artwork, videos, music, sounds, names, words, titles, phrases, logos and marks displayed on the Pequity Platform, are owned or licensed by us and are protected by copyright, trade-mark and other intellectual property laws.
We expressly reserve all rights in the Pequity Platform and all materials provided by us to you in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all rights, title and interest in the Pequity Platform and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with us (or our third party suppliers, if applicable), and that the Pequity Platform and all materials provided by us hereunder are licensed and not “sold” to you.
All contents of the Pequity Platform are: © 2020 Pequity Inc.
7. Privacy Policy
Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these Terms of Use: www.getpequity.com/privacy
8. No Unlawful or Prohibited Use
You will not, without our prior written permission, use the Pequity Platform for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not (and will not attempt to): (a) “frame”, “mirror”, “deep-link” or otherwise incorporate the Pequity Platform or any part thereof on any website; (b) access, monitor or copy any part of the Pequity Platform using any robot, spider, scraper or other automated means; (c) violate the restrictions in any robot exclusion headers on the Pequity Platform or bypass or circumvent other measures employed to prevent or limit access to the Pequity Platform; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Pequity Platform; (e) use the Pequity Platform as part of any service for sharing, lending or multi-person use, or for the benefit of any third party; (f) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption functionality, that protect the Pequity Platform; (g) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Pequity Platform; (h) create derivative works based on the Pequity Platform, in whole or in part, or to decompile, disassemble, reverse engineer or otherwise exploit any part of the Pequity Platform; (i) use or access the Pequity Platform in a manner that violates the rights (including, but not limited to, intellectual property rights) of any third party; or (j) upload to or transmit through the Pequity Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by us in our sole discretion.
9. Viruses
The usage and viewing of the Pequity Platform is done at your own risk. We cannot and do not guarantee or warrant that the Pequity Platform are compatible with your computer system. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Pequity Platform.
10. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Pequity Platform. You understand, agree and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Pequity Platform.
11. Disclaimer and Limitation of Liability
THE PEQUITY PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PEQUITY PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE PEQUITY PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THESE TERMS OF USE, INCLUDING THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PEQUITY PLATFORM.
TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PEQUITY PLATFORM EXCEED TEN UNITED STATES DOLLARS ($10) OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
12. Indemnification
You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
13. Governing Law and Jurisdiction
These Terms of Use will be governed by the laws of the State of California and the federal laws of the United States applicable therein and such laws apply to your access to or use of the Pequity Platform, notwithstanding your domicile, residency or physical location. You will only use the Pequity Platform in jurisdictions where the Pequity Platform may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Pequity Platform.
14. Entire Agreement, Waiver and Severability
These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Pequity Platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.
If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
© Pequity 2020 • Terms of Service
