THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.
Terms of Service
Effective Date: May 11, 2021
EquityRT, Inc. (hereinafter “EquityRT,” “we” or “us”) provides the website, https://equityrt.com/us/ (the “Site”), and the data, information, tools, updates and similar materials delivered or made available by us through the Site (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms of Service agreement (the “Agreement”).
This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service.
We may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions, which may be through posting to the Service or otherwise. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive and use the Service. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
You may register and create an account (“Account”) to use parts of our Service. If you are accessing the Service as part of a free trial (“Free Trial”) you may create your Account at no cost and use some, but not all, of the features, services and Content (as defined below) available through the Service. As a Free Trial user, you acknowledge and agree that some features, Content, or other aspects of the Service may be limited. If you become a paying user of the Service (“Subscriber”), you will be able to access additional features, Content, and services not available to Free Trial users.
Each Account must be paired with one or more payment methods (“Payment Method”), including without limitation your bank account, payment account, credit card number, your credit card verification or other security code, the expiration date of your credit card, and your address. All information about your Payment Method(s) must be accurate and complete before you access your Account. Verification of information may be required prior to the completion or acknowledgment of setting up any Payment Method.
While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that you will be able to access or use the Service, or its features, at all times.
The Service, and any Content (defined below) posted therein, are for information purposes only.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. The Service may function only on specific web browsers or web browser versions, and may not be compatible with all browsers or browser versions, or with certain operating systems or operating system versions. Similarly, Excel Add-in and templates provided in Pro Package may not work with all browsers, operating systems, versions of operating systems, or versions of third party products. The Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The materials appearing on the Services are for information purposes only and are not intended to and DO NOT constitute financial or investment advice. Those accessing the materials appearing on the Services should not act upon them without first seeking the advice of a financial, investment, or tax, professional. The materials should not be used as a substitute for consultation with a professional adviser. You hereby agree and acknowledge:
- that you have fully apprised yourself of the Disclaimer set forth at https://equityrt.com/disclaimer-2/, which is incorporated herein as if set forth in full;
- that neither the U.S. Securities and Exchange Commission nor the securities regulatory authority or body of any state or any other jurisdiction registered EquityRT as an investment adviser, broker-dealer or in any other capacity, and that furthermore, EquityRT does not purport to provide investment advice or make investment recommendations by or through the Content found on the Site or otherwise;
- that you may conduct, and organize your own, investment research using the Site and the Content, but EquityRT clarifies that these actions should only be an element of any complete analysis leading up to a decision to make any investment; and other uses of, and singular reliance on, the Site and the Content are expressly disclaimed and are prohibited by these Terms of Service;
- that if you use any Content from our Service to provide financial or investment advice to others, or make financial or investment decisions on their behalf, that: you are solely responsible, if required by applicable law or regulation, to obtain and maintain any required license(s) and registration(s); we make no representations or warranties regarding the accuracy or suitability of the Content available through the Service generally, or for your customers; and that any advice you provide is at your sole risk and is based upon your own independent judgment as a professional;
- that if you distribute any materials that you generate as a result of using our Service to your customers, that you are solely responsible for any such materials, their compliance with applicable laws and regulations; adding any disclosures or warnings that we may request, and you further agree not to remove any warnings or disclosures included with the Content from which you based your materials prior to distributing to your customers.
- that nothing in the Service, not any materials you generate from your use of the Service, constitutes an offer, solicitation, or recommendation to buy, sell, hold, or trade any security or financial instrument; and
- that you are solely responsible for any investment transactions relating to the accounts under your management, ownership, or supervision, and we have no responsibility to make sure that such transactions are done in compliance with applicable laws, regulations, or whether they were properly completed.
You must be at least eighteen (18) years old to have an Account for the Service. By creating an Account, you represent that you meet this minimum age requirement.
Some parts of the Service may not be available to the general public, and we may impose additional eligibility rules from time to time on those portions of the Service. We reserve the right to amend or eliminate these eligibility requirements at any time.
By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and that you commit to abide by all the terms and conditions herein.
Trials, Subscriptions, Cancellations, and Payments
The Service may require the payment of fees for ongoing, self-renewing subscription access to the Service (a “Subscription”). If you have a Subscription Account, your Payment Method will be charged in the amounts and at the times identified in the Subscription you select (“Subscription Fees”). When you register for a Subscription, you will be granted access to the Service for the length of time identified in your registration form. Users purchasing Subscriptions will be subject to Software License Agreements with terms which may be in addition to, or different from, those provided in this section of the Terms of Service; please contact us for details.
We reserve the right to change the applicable Subscription fees or charges and to institute new subscription fees and charges at the end of the current Subscription term; please refer to your Software License Agreement for details.
If your Account is established for a Free Trial, you acknowledge and agree that some features, Content, or other aspects of the Service may be limited including, but not limited to, the ability to generate, reports, work product, and any other output (collectively, “Output”). Free Trials are of a limited duration (“Trial Period”), and, compared to a Subscription Account, may offer different features and Content, and pricing. At the end of the Trial Period, you will be notified by email, and upon your acceptance of the terms presented in the email, your Account shall be converted to a Subscription Account. Your Free Trial will be terminated and access to the Services will be denied if you do not respond affirmatively to the notification email.
UNLESS YOU CANCEL BEFORE RENEWAL, AND EXCEPT WHERE PROHIBITED BY LAW, SUBSCRIPTIONS AUTOMATICALLY RENEW FOR AN ADDITIONAL TERM OF THE SAME LENGTH UPON EXPIRATION. FEES OR CHARGES DURING ANY SUCH RENEWAL TERM SHALL BE THE SAME AS THAT DURING THE PRIOR TERM UNLESS WE HAVE GIVEN YOU NOTICE OF AN INCREASE. Please refer to your Software License Agreement for details.
INDIVIDUAL SUBSCRIBERS MAY CANCEL THEIR ACCOUNTS EFFECTIVE AS OF THE END OF TRIAL PERIOD OR THE THEN-CURRENT MONTH OR YEAR FOR WHICH PAYMENT WAS MADE. YOU WILL NOT BE ENTITLED TO A REFUND. BUSINESS ENTERPRISE SUBSCRIBERS SHOULD CONSULT THEIR CONTRACTS FOR TERMINATION PROVISIONS.
TO CANCEL YOUR ACCOUNT, PLEASE LOGIN TO THE SERVICES AND FOLLOW THE INSTRUCTIONS THEREIN OR EMAIL email@example.com FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT WITH THE SUBJECT “CANCEL MY TRIAL” OR “CANCEL MY SUBSCRIPTION” AS APPROPRIATE.
All transactions are final, and no refunds are available from EquityRT.
To collect and/or process Fees, we use a third-party to process payments (the “Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. You agree to provide us accurate and complete information about you and your chosen Payment Method. You authorize us to share such information as well as transaction information with the Payment Processor. As a user purchasing a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription. You agree to make payment using that selected Payment Method, and you authorize us, through the Payment Processor, to charge your Payment Method at the times and in the amounts associated with such Subscription. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
For any subscription products, you agree that your license to the Service is not a service, repair or maintenance to real or personal property.
Rules of Conduct
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You represent and warrant:
- that the information that you have provided on the Service is complete, accurate and true, and agree to update it as necessary;
- you are qualified and authorized to post, upload, communicate with other users about, and make decisions based upon, the materials or information that you make available, or that is otherwise available on, the Service, as required by applicable law, regulation and best industry standards; and
- you are not a competitor of ours.
You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (collectively “Content”) that:
- is unlawful or encourages another to engage in anything unlawful including, but not limited to, with respect to applicable securities laws;
- contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;
- violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or
- is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.
You must keep your user name and password and any other information needed to login to the Service or access your Account, if applicable, confidential and secure. You may not transfer your login credentials to anyone else or allow anyone else to use them. We are not responsible for any unauthorized access to your Account or user profile by others, and we may hold you liable for any loss or damage suffered by us or any third party from such unauthorized use of your login credentials or Account.
You further agree that you will not do any of the following:
- violate any applicable law or regulation in connection with your use of the Service;
- breach, through the Service, any agreements that you enter into with any third parties;
- stalk, harass, injure, or harm another individual through the Service;
- modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
- interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
- transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
- attempt to probe, scan or test the vulnerability of a system or network of the Service or to breach security or authentication measures without proper authorization;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- harvest or collect the email address, contact information, or any other personal information of other users of the Service;
- use any means to crawl, scrape or collect content from the Service via automated or large group means;
- make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;
- impersonate any other person or business;
- attempt to access or access any portion of the Service that is not public; or
- attempt to override or override any security measures in place on the Service.
We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Services, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
Content Submitted or Made Available to Us
You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce and otherwise use content you make available to us.
Therefore, if you choose to submit any Content to the Service, or otherwise make available any Content through the Service, you hereby grant to us a perpetual, irrevocable, transferable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, transmit, distribute, translate and create derivative works from any such Content for purposes of providing the Service, including without limitation distributing part or all of the Content in any media format through any media channels, including but not limited to the right to commercially use the rights of publicity, persona, trademark, image and name of the individuals and entities depicted in such Content.
You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.
Our Intellectual Property
Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
Data Collection and Use
Third Party Content and Links
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties, including other subscribers (“Third Party Content”). We do not endorse any Third Party Content that may appear on the Service or that may be derived from other content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.
Any and all statements, opinions, services, and other information or content expressed or made available through the Service, including by third parties, or any other user of the Site, are those of the respective author(s) or providers and not of EquityRT. Any reliance you place on Third Party Content is made at your own risk. Please see our Disclaimers and Limitation on Liability, below. Please seek the advice of professionals, if and as appropriate, regarding the evaluation of any Content accessible through the Site.
The Site may also contain links to websites and other online resources that are operated by parties other than EquityRT (“Linked Sites”). Linked Sites are made available solely for your reference and convenience. EquityRT does not endorse the operators or operation of such Linked Sites or any of the content on such Linked Sites. We make no representations or warranties whatsoever regarding the content to be found or quality of operation of any Linked Site. We are not responsible for the availability of the Linked Sites or the content or activities of such Linked Sites, or for the privacy policies of Linked Sites. Use of Linked Sites is made at your own risk. You agree that EquityRT will have no liability to you or any other person or entity for the use of third party Linked Sites, which use may be subject to any applicable policies (including privacy policies) and terms and conditions of use of such Linked Sites.
ADDITIONAL DISCLAIMERS AND LIMITATION ON LIABILITY
EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE AND ANY OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND WE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PARTICULAR WEB BROWSER OR THIRD PARTY SOFTWARE IS SUPPORTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE OR ANY SOFTWARE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, THIRD-PARTY PROVIDERS LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”), OR OUR OR THEIR DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, TRADING LOSSES, LOSS OF PROFITS, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then, to the maximum extent permissible by law, you agree that neither we nor any of our subsidiaries, affiliated companies, third party providers, or our or their employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of $500.00, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or loss of data to you or any third party from your use of the Service or any goods sold or provided by us. This limitation shall apply regardless of the basis of your claim, whether other provisions of this Agreement have been breached, or whether or not the limited remedies provided herein fail of their essential purpose.
This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement or as a matter of law or regulation.
SOME STATES MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, 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) Submissions or Content that you submit, post to, or transmit through the Service, (b) your use of the Service, (c) your violation of this Agreement, (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service, and (e) destruction of real or tangible property or personal injury, including but not limited to death, arising from or relating to your actions or inactions.
Governing Law and Jurisdiction; Arbitration
You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The laws of the State of Delaware shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Attn: Legal Department, EquityRT, Inc., 2513 Shallowford Rd., Bldg #200, Marietta, GA 30066. Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in Wilmington, Delaware. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You and EquityRT agree that any dispute resolution proceedings (whether in arbitration or court) will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and EquityRT agree that each have waived any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Wilmington, Delaware. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN DELAWARE.
Policies for Children
The Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. This Agreement is subject to change on a prospective basis at any time. In the event that we change this Agreement, you may be required to re-affirm the Agreement through use of the Service or otherwise. Your use of the Service after the effective date of any changes will constitute your acceptance of such changes.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Attn: Legal Department, EquityRT, Inc., 2513 Shallowford Rd., Bldg #200, Marietta, GA 30066, or sent via email to firstname.lastname@example.org.
Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and you further agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Force Majeure. In no event shall we or our affiliates be liable to you for any damage, delay, or failure to perform resulting directly or indirectly from any event or circumstance not within our control.
“Entire Agreement.” This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
• Information reasonably sufficient to permit us to contact you;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
2513 Shallowford Rd., Bldg #200
Marietta, GA 30066
Complaint Policy (Including Trademark and Privacy)
If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to email@example.com containing the following information:
• Your name, physical address, e-mail address and phone number;
• A description of the material posted on the Service that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
• Identification of the location of the material on the Service;
• If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
• If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
• A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and
• Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.
All notices given by you or required under this Agreement shall be in writing and addressed to: EquityRT, Inc., 2513 Shallowford Rd., Bldg #200, Marietta, GA 30066, or sent via email to firstname.lastname@example.org.