Terms and Conditions

Terms of Service

Please read these eqhq inc. Terms of Service carefully. By using the eqhq Services (as defined below) or signing up for an account, you’re agreeing to these Terms of Service, which will result in a legal agreement between you and eqhq inc. (“eqhq,” “we” or “us”) (the “Agreement”).

This Agreement is between you and eqhq concerning your use of (including any access to) the eqhq inc. online marketplace currently located at https://www.eqhq.com and any other website or mobile application owned, operated or controlled by us including the Facebook page (available at https://www.facebook.com/GoEQHQ/, twitter.com/goeqhq and https://www.linkedin.com/company/goeqhq/, etc. and together with any materials and services available therein, and successor services thereto (collectively, the “Services”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by eqhq through the Services, or otherwise made available to you by eqhq, including any supplemental terms available at www.eqhq.com (the “Supplemental Terms”).

BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH THE INDIVIDUAL USING THE SERVICES AND TO ANY SUCH ORGANIZATION.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

  1. eqhq Marketplace; Informational Purposes Only. eqhq is an online marketplace that allows users to offer, sell and buy construction equipment, supplies and other items, and procure related goods and services. The actual contract for sale is directly between the seller and buyer. eqhq is not a party to the transactions conducted through the marketplace, and it is not a seller or a traditional auctioneer. Any guidance we provide as part of the Services, such as pricing, valuation, shipping, listing, and sourcing is for general informational purposes only and you use it at your own risk. Notwithstanding the potential customized nature of any such guidance, it may not be appropriate or suitable for you and may not satisfy any or all laws, rules, regulations or industry or contractual requirements applicable to you. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE SUITABILITY OF ANY SUCH GUIDANCE FOR YOU AND YOUR CIRCUMSTANCES. IT IS NOT NECESSARILY ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR CIRCUMSTANCES. Nothing on the Services, including any such guidance, constitutes legal or other professional advice, and you should contact your own legal counsel with any questions regarding the laws, rules, regulations or industry or contractual requirements that may apply to you. eqhq has no control over and does not guarantee: the existence, quality, safety or legality of any Products (as defined below) or items advertised through the Services; the truth or accuracy of user content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on or through the Services. Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all Services users.

  2. Information Submitted Through the Services. Your submission of information through the Services is governed by eqhq’s Privacy Policy, located at (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Services is and will remain accurate and complete, and that you will maintain and update such information as needed.

  3. Jurisdictional Issues. The Services are controlled or operated (or both) from the United States, and is not intended to subject eqhq to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

  4. Rules of Conduct. In connection with the Services or accessing the Services, you agree to comply with this Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you must not:

  • Breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status.
  • Use the Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions.
  • Transfer your account or user ID to another party without our consent.
  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
  • Interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
  • Upload or transmit any message, information, data, text, software or images, or other content that is misleading, deceptive, unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity. Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights that belong to or are licensed to eqhq or any third party.
  • Except to the extent permitted by applicable law notwithstanding a contractual restriction to the contrary, copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content or software, or gain any unauthorized access to or from the Services without the prior express written permission of eqhq and the appropriate third party, as applicable.
  • Post, transmit or otherwise make available through or in connection with the Services any virus, worm, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, or that may harm the interests or property of users. Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Services or systematically download and store Services content.
  • Remove any copyright, trademark or other proprietary rights notice from the Services.
  • Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without eqhq’s express prior written consent.
  • Use any robot, spider, Services search/retrieval application or other manual or automatic device or software to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without eqhq’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Services’s root directory, eqhq grants to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. eqhq reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
  • Do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace.

You represent that you and any business or party for which you are acting as an agent are not listed on the U.S. Department of Commerce Denied Persons, Entity or Unverified Lists, the U.S. Department of State’s Debarred and Nonproliferation Lists, or the Specially Designated Nationals List, any European Union Sanctions List, the United Kingdom HMT List, any United Nations Sanctions List, or similar or successor lists, (collectively, the “Restricted Party Lists”) and that if it is discovered that you were on a Restricted Party List, or are an agent for a party on any Restricted Party Lists, you are liable to us for all damages resulting from your misrepresentation.

  1. Products. The Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products and related materials may be made available by eqhq or by third parties, and may be made available for any purpose, including general information purposes. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY PRODUCTS OR RELATED MATERIALS. The availability through the Services of any listing, description or image of a third-party Product, or ability to purchase or license any third-party Product, does not imply our endorsement of such Product or affiliation with the provider of such Product. Please note that we may receive compensation from third-party providers of Products. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. We have no obligation to provide support for any Product. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.

  2. Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the Services (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD OR PAYMENT ACCOUNT THAT YOU SUBMIT OR UTILIZE IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner

If we believe you are violating our policies prohibiting offers to buy or sell outside of eqhq, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eqhq, you may be liable to pay a final value fee applicable to that item, even if the item does not sell. eqhq reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to eqhq’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all shipping and handling charges (if applicable). In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

  1. Scheduled Maintenance; Downtime. eqhq reserves the right to conduct maintenance on the Services from time to time. This may or may not cause system downtime.

  2. Registration; User Names and Passwords. You may need to register or create an account to use all or part of the Services. We may reject, or require that you change, any user name, password or other information that you provide to us in registering an account. Your user name and password are for your personal use only and should be kept confidential; you, and not eqhq, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your account.

  3. User Content. When you provide content to us or using our Services (directly or indirectly) (each, a “Submission”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights you have in those Submissions for any lawful purpose, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your intellectual property rights in the Submissions against the eqhq. You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place eqhq under any fiduciary or other obligation. If you choose to make any of your personally identifiable or other information publicly available through the Services, you do so at your own risk. We may offer Product data (including images, descriptions and specifications) that are provided by third parties (including eqhq users). If so offered, you may use that content solely in your Services listings. eqhq may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the Product data and not to create any derivative works based on that data (other than by including the data in your listings). We cannot guarantee that content provided through the Services will always be available, accurate, complete, and up-to-date. eqhq is not responsible for examining or warranting any listing or content provided by third parties through the Services, and you will not attempt to hold us or our data providers liable for inaccuracies.

  4. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Services, or analyze your access to or use of the Services. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

  5. eqhq’s Proprietary Rights. We and our suppliers own the Services, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks include eqhq and any associated logos. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

  6. Third Party Materials; Links. Certain Services functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by eqhq with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

  7. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE; AND (B) EQHQ DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH EQHQ AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. While we try to maintain the timeliness, integrity and security of the Services, we do not guarantee that the Services are or will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, contact us at notices@eqhq.com with a description of such alteration and its location on the Services.

  8. LIMITATION OF LIABILITY; COVENANT NOT TO SUE; LIMITATION ON ACTIONS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) EQHQ AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, EQHQ WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; AND (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES. WITHOUT LIMITING ANY OF THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF EQHQ FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100.00), AND (II) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO EQHQ SOLELY FOR THE RIGHT TO USE THE SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH EQHQ AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF EQHQ OR THE AFFILIATED ENTITIES SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU COVENANT NOT TO SUE EQHQ OR THE AFFILIATED ENTITIES, AND AGREE THAT YOU WILL NOT HOLD EQHQ OR THE AFFILIATED ENTITIES RESPONSIBLE, FOR OTHER USERS’ CONTENT, ACTIONS, OR INACTIONS. THE SERVICES CONSIST OF A MARKETPLACE FOR CONSUMER GOODS. YOU ACKNOWLEDGE THAT YOU ARE BUYING ITEMS FROM A THIRD PARTY, NOT EQHQ. WHILE WE MAY HELP AS YOUR COMMERCIAL AGENT FACILITATE THE RESOLUTION OF DISPUTES, WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE ACCURACY, QUALITY, SAFETY, TRUTH, ACCURACY OR LEGALITY OF USER CONTENT, LISTINGS, AND/OR ITEMS LISTED OR SOLD. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, AS A BUYER OR SELLER, YOU RELEASE AND COVENANT NOT TO SUE EQHQ AND THE AFFILIATED ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE – E.G., CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS, WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

  9. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless eqhq and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, interest, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Services (including all Submissions); (b) any violation or alleged violation of this Agreement by you; (c) your improper use of our Services or your breach of any law or the rights of a third party; or (d) federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree; (e) any misrepresentations made by you. eqhq reserves, and you grant to eqhq, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder.

  10. Term; Termination. This Agreement is effective until terminated. eqhq may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if eqhq believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and eqhq may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 13-21 shall survive any termination or expiration of this Agreement.

  11. Governing Law. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Maryland, without regard to its principles of conflicts of law or any other rule that would require application of laws other than those of the State of Maryland, and regardless of your location. The parties agree that the Uniform Computer Information Transactions Act or any version thereof will not apply to this Agreement.

  12. Arbitration. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, AS DETAILED BELOW, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND EQHQ, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. YOU AGREE THAT EQHQ AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE. HOWEVER, AS SET FORTH BELOW, THE PRECEDING ARBITRATION REQUIREMENT SHALL NOT APPLY TO DISPUTES TO THE EXTENT RELATING TO THE INTERPRETATION OR APPLICATION OF THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY, REVOCABILITY OR VALIDITY. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at www.adr.org. The place of arbitration shall be Bethesda, Maryland. All disputes shall be resolved by a single arbitrator, selected by the AAA, in accordance with the applicable Consumer Arbitration Rules. The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances shall be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the arbitrator, failing which, shall be made by the AAA. The arbitrator’s decision(s) shall follow the terms of this Agreement and will be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. SMALL CLAIMS COURT OPTION FOR INDIVIDUALS. IF YOU ENTERED INTO THIS AGREEMENT INDIVIDUALLY, YOU HAVE THE CHOICE TO SUBMIT ANY DISPUTE BEFORE A SMALL CLAIMS COURT, IF APPLICABLE, INSTEAD OF HAVING THE DISPUTE RESOLVED BY ARBITRATION. YOU CAN MAKE THIS CHOICE EITHER BEFORE OR AFTER THE DISPUTE IS SUBMITTED FOR RESOLUTION BY ARBITRATION. CLASS ACTION WAIVER. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the contrary in this Section or any other provision of this Agreement or in the AAA’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration. Notwithstanding any of the foregoing, nothing in this Agreement will preclude EQHQ from seeking and obtaining temporary injunctive relief in any court of competent jurisdiction.

  13. Information or Complaints. If you have a question or complaint regarding the Services, please send an e-mail to notices@eqhq.com. You may also contact us by writing to 4938 Hampden Lane #563 Bethesda MD 20814, or by calling us at 1-877-844-3747. Please note that e-mail communications will not necessarily be secure and, accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Copyright Infringement Claims. The U.S. Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to eqhq a written notice by mail, e-mail or fax, requesting that eqhq remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to eqhq a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to eqhq as follows: By mail to 4938 Hampden Lane #563 Bethesda MD 20814 by e-mail to notices@eqhq.com. eqhq’s phone number is 1-877-844-3747. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

  14. Electronic Communications. When you use our Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or posting notices on the Services we provide. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  15. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and eqhq. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Failure by eqhq to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision of this Agreement. No waiver by eqhq of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and eqhq relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and eqhq relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. eqhq will not be responsible for any failure to fulfill any obligation due to any cause beyond its control. The language “beyond its control” can include a force majeure event, which means an event beyond the control of either party that prevents one party from complying with any obligations under this Agreement, including, but not limited to, severe weather, war or hostilities, insurrection, riot or civil unrest, strike or other labor action, environmental contamination or release of radioactive, chemical or biological agent into the atmosphere, epidemic, pandemic, terrorist act(s), cyber-attack, outage with respect to a third party service (e.g., Amazon Web Services, Google Cloud Platform, or Microsoft Azure) or similar events beyond the reasonable control of a party.

Services © 2021 eqhq inc., unless otherwise noted. All rights reserved.