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Please read these Terms of Use (the “Terms”) carefully. By accessing, opting-in to, or using any website, page, application, widget, short-code or long-code campaign (as described in Section 4), or other online or mobile resource, in each case, that links to or references these Terms (collectively the “Site and Services”) you accept and agree to be bound by these Terms. By accepting these Terms through your use of any of the Site and Services, you also certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use the Site and Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Eqo does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Site and Services, and parents or legal guardians may not agree to these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Site and Services, including the legal liability that he or she may incur.
If you do not want to be bound by our Terms, your only option is not to visit, view or otherwise use the Site and Services. You understand, agree and acknowledge that these Terms constitute a legally binding agreement and that your use of any of the Site and Services indicates your conclusive acceptance of this legally binding agreement.
You agree that Eqo Technologies, Inc. (“Eqo”) is entitled to modify, improve or discontinue any portion of the Site and Services at its sole discretion and without notice to you, even if any modification, improvement or discontinuance prevents you from being able to access the Site and Services or related information. You also agree that Eqo is entitled to: (i) provide the Site and Services to you through subsidiaries or affiliated entities; and (ii) make the Site and Services accessible to you as a service provider for an organization with whom you wish to engage for recruitment and/or human capital management purposes (an “Eqo Client”).
By using the Site and Services, you agree to not use the Site and Services for any unlawful purpose, or purpose prohibited by these Terms. You may not use the Site and Services in a way that could impair, damage, overburden, or disable Eqo’s network. Probing, scanning, or testing the vulnerability of any part of the Site and Services is not allowed. You may not use hacking, password mining, or other methods to gain access to the Site and Services. Attempting to obtain information that is not intentionally made available to you on or via the Site and Services is prohibited.
Eqo has the right to investigate suspicious activity or occurrences and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such activity or occurrences. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site and Services or any activity being conducted on the Site and Services.
You agree that the Site and Services may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Such content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved to Eqo.
You may choose to use the Site and Services to interact with our recruitment messaging platform, which enables you to communicate with Eqo or an Eqo Client, as applicable, via SMS and/or MMS technology. You may opt-in to communicate via SMS and/or MMS using a 10 digit long-code or 5 digit short-code, and send and receive messages as described below.
a) Long-Code Messaging: Prior to interacting via long code, you will be asked to provide your mobile phone number. By providing your number, opting-in to or interacting with Eqo or an Eqo Client (as applicable) via long-code, you represent that you are the owner or authorized user of the device you use to receive messages, that the mobile phone number you have provided is assigned to you, and that you are authorized to approve any applicable charges. You may receive messages regarding open positions, updates from recruiters, upcoming events, hiring process updates, and direct (automated or unique) messages while using the platform.
You can cancel the SMS service at any time by texting "STOP" to the applicable long code. After you send the SMS message "STOP", you will receive an SMS message to confirm that you have been unsubscribed from campaigns from that long code and you will no longer receive SMS messages from that long code. If you want to join again, just sign up as you did the first time and you will begin receiving SMS messages again. If you are experiencing issues with the long code messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@eqorefer.com. Eqo and carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent or received by you and message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read the privacy policy of Eqo or the Eqo Client to who you provided your phone number, as applicable.
b) Short-Code Messaging: The first time you interact via a short-code you will be asked to text a specific advertised keyword (the “Keyword” to a specific advertised 5 digit short-code (the “Short-Code”)). By texting the Keyword to the Short-Code you represent that you are the owner or authorized user of the device you use to receive messages, that the mobile phone number you have provided is assigned to you, and that you are authorized to approve any applicable charges. You may receive messages regarding open positions, updates from recruiters, upcoming events, hiring process updates, and direct (automated or unique) messages while using the platform.
You can cancel the SMS service at any time by texting "STOP" to the applicable Short-Code. After you send the SMS message "STOP", you will receive an SMS message to confirm that you have been unsubscribed from campaigns from that Short-Code and you will no longer receive SMS messages from that Short-Code. If you want to join again, just sign up as you did the first time and you will begin receiving SMS messages again. If you are experiencing issues with the short-code messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@eqorefer.com. Eqo and carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent or received by you and message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read the privacy policy of Eqo or the Eqo Client whose short code campaign you opted-in to, as applicable.
We reserve the right to terminate your access to and use of all or any component of the Site and Services, at any time. Your obligations under these Terms will survive any such termination.
You understand and agree that your use of the Site and Services is entirely at your own risk and that our Site and Services are provided "As Is" and "As Available". Eqo does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Site and Services, information, content, materials, or products. This includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties indicating that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
YOU UNDERSTAND AND AGREE THAT EQO AND ITS SUBSIDIARIES OR AFFILIATES SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSSES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SITE AND SERVICES, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF ANY PORTION OF THE SITE AND SERVICES OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT EQO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF EQO IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Site and Services may include hyperlinks to third-party content, advertising or websites. You agree that Eqo is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions, and you agree to submit to the jurisdiction of the courts of Dover, Deleware. You acknowledge that Eqo may apply for injunctive remedies in any jurisdiction.
If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
Failure to enforce any legal right or remedy contained in these Terms or applicable law will not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Eqo.
You agree that the above Terms constitute the entire agreement between you and Eqo with respect to the subject matter of these Terms. You may be subject to additional terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material. There are no third-party beneficiary rights under these Terms.
Eqo reserves the right to modify these Terms from time to time at our sole discretion and without notice. Changes to our Terms become effective on the date they are posted, and your continued use of the any portion of the Site and Services after any changes to the Terms will, on its own, signify your agreement to be bound by them.
