TERMS OF USE

I. Acceptance of Terms of Use

These terms of use (“Terms of Use”) by EQ Ventures, LLC, (hereafter “EQ”) which incorporate our Privacy Policy by reference, govern your use of EQ’s website and mobile application (collectively the “Service”). By using, visiting, or browsing the Service you accept and agree to be bound by the Terms of Use. If you do not agree to any of the provisions set forth, you should not use the Service.  Any references to “you” or “your” refer to you, as a user of the Service.  References to “we,” “us” and “our” refer to EQ.

II. Changes to Terms of Use

EQ reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time, including the Privacy Policy. When EQ makes any changes to these Terms of Use, EQ will highlight this fact on the Service, and the revised Terms of Use will become effective thirty (30) days after such notification. Your continued use of the Service after such thirty (30) day period will constitute acceptance of the revised Terms of Use.

III. About the EQ Service

The EQ Service is an online resource for individuals (“Users”) to learn about, and contribute to the advancement of, environmental issues. Specifically, the Service offers 4 functionalities: (1) an events page where Users can access information about upcoming and past environmental advocacy events; (2) a networking page where users can access print and audiovisual materials about environmental issues; (3) information about, and the ability to apply for, a non-profit grant (the “EQ Grant”) to financially support a User’s advancement of environmental initiatives; and (4) an online shop where Users may purchase EQ merchandise. Your application, qualification for, and receipt of the Grant are subject always to the separate Grant rules and conditions (which shall be provided to you if and when you apply for the Grant).

EQ may, from time to time, release new tools and resources, release new versions of the Service, or introduce other services and/or features. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that EQ may release for those specific services or features.

IV. Your Use of the EQ Service

You are not required to submit any information to EQ prior to accessing and using the Service. Notwithstanding the foregoing, if you contact EQ for support or other inquiries (whether by direct email or by use of the Service’s embedded messaging system), you will be required to share your first and last name and email address. Furthermore, if you apply for the Grant, you will be required to provide additional personally identifiable information. Your name, email address, and any other personally identifiable information you provide about yourself will be treated in accordance with our Privacy Policy.

Subject to your strict compliance with these Terms of Use, EQ grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Service for your personal non-commercial use.

The above license is conditional upon your strict compliance with these Terms of Use, including, without limitation, the following:

(a) You must not copy, rip or capture, or attempt to copy, rip or capture, any content from the Service.

(b) You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on the Service, except where and how expressly authorized.

(c) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content from the Service.

(d) You must not employ any techniques or make use of any automated services, or otherwise, designed to misrepresent your activity on the Service. You must not offer or promote the availability of any such techniques or services to any other Users of the Service.

(e) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Service.

(f) You must not, and must not permit any third party to, copy or adapt the object code of the Service, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Service, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to the Service.

(g) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.

(h) You must not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by sending messages or applying for a Grant using the name of another person.

(i) You must not collect or attempt to collect personal data, or any other kind of information about other Users.

(j) You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by EQ; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of EQ’s servers, system or network or attempt to breach EQ’s data security or authentication procedures; attempt to interfere with the Service by any means including, without limitation, hacking EQ’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of EQ under these Terms of Use, EQ reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that EQ has the right, in its sole discretion, to block your IP address, disqualify you from receipt of a Grant, or take such other action as we see fit (including notifying relevant authorities) if you breach any of the above conditions or any of the other terms of these Terms of Use.

V. Payment Information

In order to purchase merchandise from EQ’s online store, Users must provide a shipping address, credit card information and an accurate corresponding billing address.

VI. Third Party Websites, Applications and Services

The Service may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services (hereinafter “External Services”).  EQ does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise displaying information from or providing access to any External Services, EQ does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by EQ with respect to the Service. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.  EQ disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against EQ with respect to the content or operation of any External Services.

VII. Termination

EQ may suspend your access to the Service at any time if (i) you are in breach of any of the material provision of these Terms of Use; (ii) EQ elects at its discretion to cease providing access to the Service in the jurisdiction from where you are attempting to access the Service, or (iii) in other reasonable circumstances as determined by EQ at its discretion. The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement.

VIII. Disclaimers of Warranties and Limitations on Liability

THE EQ SERVICE, INCLUDING THE WEBSITE AND MOBILE APPLICATION AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE EQ SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE EQ SERVICE, THE WEBSITE, MOBILE APPLICATION AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH.  TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IX. Indemnification

You hereby agree to indemnify, defend and hold harmless EQ, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees and court costs, resulting from any violation by you of these Terms of Use.

X. Assignment to Third Parties

EQ may assign, license, or sub-license its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice. You may not assign this Agreement or the rights and duties hereunder.

XI. Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

XII. Governing Law

These Terms of Use shall be governed by the laws of the State of California, U.S.A. without regard to conflict of laws provisions. The exclusive jurisdiction and venue for any action, suit or proceeding based upon any matter arising hereunder shall be in the state or federal courts located in the State of California and San Francisco County.  If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

XIII. Entire Agreement

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and EQ with respect to your use of the Service and supersede any prior agreement between you and EQ. Any modifications to this Agreement must be made in writing.