The following terms & conditions govern use of the The Equinest website & all content, services & products available at or through the website. By accessing, browsing or using the The Equinest website, you acknowledge that you have read, understood & agree to be bound by these terms. If you do not agree to these terms, please do not use the The Equinest website or other products.
The Equinest may revise or modify any portion of this Agreement at any time without notice to you. Please read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you agree to be bound by the terms & conditions of the latest version of this Agreement.
The user agrees to indemnify The Equinest from any damages, losses, costs or expenses which The Equinest, its affiliates, their respective employees & authorized representatives may incur as a result of content entered into these websites by the user.
Failure to Comply Notice
Failure by any user to comply with the terms, conditions & notices on the The Equinest website will result in termination of any rights granted to that user, without any prior notice. In addition, you will be required to destroy all copies of downloaded The Equinest materials in your control or possession immediately. Aside from the limited permission found below, The Equinest does not grant any express or implied rights or licenses under any trademarks, patents, copyrights, or other proprietary or intellectual property rights. You are prohibited from mirroring any of the content found on this website on any other website or in any other media without written consent from The Equinest.
Use of Site Content
All information provided by The Equinest is owned by or licensed to The Equinest & its affiliates (the “The Equinest Information”). The Equinest & its licensors retain all proprietary rights to said Information. The Equinest has the right to use all content on this website (other than third-party material transmitted through private electronic mail) in any of the The Equinest print or electronic publications. Except for making one hard copy print of limited portions of the The Equinest Information on an ad hoc basis, or downloading as expressly authorized by The Equinest, The Equinest Information may not be reproduced, distributed or transmitted without written permission from The Equinest.
The The Equinest website is provided free of charge to users. The information on The Equinest website & in any email generated by us is provided ‘as is’ & ‘as available’. Material is intended for general reference only. Application of Material to any specific instance or for any particular purpose is a user’s sole responsibility. The Equinest makes no guarantee or warranty that the Information contained within our websites will be accurate or complete or of the results to be obtained from accessing & using such Information. The Equinest will not be held liable for any inaccuracy, omission or error, regardless of cause, in the The Equinest Information or for any damages resulting from it’s use.
In addition, user may not:
1. Use the The Equinest website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation.
2. Use or attempt to use any type of automated device, program, software, tool, algorithm, process, methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the The Equinest website. Including any data or content found on or accessed through this website, or any other The Equinest Information without the prior written consent of The Equinest.
3. Obtain or attempt to obtain through any means any materials or information on the The Equinest website that have not been intentionally made publicly available either by their public display on the website or through their accessibility by a visible link on this website.
4. Violate any measure employed to limit or prevent access to the The Equinest website or its content.
5. Violate the security of the The Equinest website or attempt to gain unauthorized access to the website, materials, data, information, computer systems or networks connected to any server of the The Equinest website, through hacking, password mining or any other means.
6. Interfere or attempt to interfere with the proper working of the The Equinest website or any activities conducted on or through this website. Including accessing any data, content or other information prior to the time that it is intended to be available to the public on the The Equinest website.
7. Take or attempt any action that, in the sole discretion of The Equinest, imposes or may impose an unreasonable or disproportionately large load or burden on the The Equinest website or the infrastructure of the The Equinest website.
Intellectual Property Notices
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature. Any violation by you of any such property rights is fairly deemed to be “willful” in nature.
If you download software or materials from the The Equinest website, the software/ materials, all files, images & dates relating to the software/ material will be licensed to you by The Equinest. You do not own the downloaded software/ materials & The Equinest does not transfer ownership of the software/ materials to you. The Equinest retains full ownership of & title & all intellectual property rights related to software & materials downloaded from The Equinest. You may not sell, redistribute, decompile, reverse engineer, disassemble, or otherwise reduce the software/ materials to a human-perceivable form. If you download software/ materials from the The Equinest website, you represent & warrant to The Equinest that you are not acting in violation of this agreement.
Certain sections of the The Equinest website contain links to external websites that are maintained & operated by third parties. These links are provided solely for the convenience of our users & the provision of such links does not imply any endorsement of or affiliation between The Equinest & such websites.
The Equinest may from time to time monitor or review discussions, chats, postings & other transmissions on this website. However, The Equinest is under no obligation to do so & assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such public locations on the The Equinest website.
Users may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Equinest will cooperate with law enforcement authorities or court orders requesting or directing The Equinest to disclose the identity of anyone posting any such information or materials. The Equinest may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of The Equinest, its customers, employees or the public. The Equinest retains the right to review, edit &/ or delete third party material which is found to be offensive, inappropriate or illegal.
The Equinest shall not be liable for any delay or failure in performance due to Force Majeure, which shall include but not be limited to acts of nature, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, logistic difficulties, unavailability of, interruption of or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, power or equipment needed. We are not responsible for server downtime under any circumstances.