Terms of Use

Thank you for using our products and services (“Services”). The Services are provided by Complaint Link Inc. and its subsidiaries and representatives, d.b.a eQuibbly (“eQuibbly”).
Important: These Terms and Conditions of Use (“Terms of Use” or “Terms”) govern your use of the eQuibbly website located at equibbly.com and all its subdomains (the “Site” or “Website”). These Terms are not exhaustive and eQuibbly reserves the right to modify them as described hereunder. Please read the following terms carefully before you register and start accessing and using the Site. IF THESE TERMS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE. By using, accessing the Site, or browsing past the homepage, you agree to be legally bound by these Terms.

Terms and Conditions
Acceptance of Terms

These Terms of Use form a legal agreement between you and eQuibbly. Please review these documents prior to use. By accessing, browsing, viewing, registering, and/or using the Site, you acknowledge that you have read, understood and agreed to abide by and comply with all terms, conditions and notices contained in or referenced by these Terms of Use.

If you do not agree to these Terms, please do not register or use the Site.

eQuibbly reserves the right, in its sole discretion, to update or revise these Terms either to reflect changes in business practices or to reflect changes in eQuibbly’s understanding of applicable law and to post such updated or revised Terms on the Site through the hyperlink labeled “Terms” or “Terms of Use”. The effective date of each update or revision will be noted in the updated or revised “Terms”.

You must check the Terms each time you use the Site for updates or revisions to the Terms since you will not otherwise be notified of the changes. Your continued use of the Site following the posting of any updates or revisions to the Terms constitutes your acceptance to be bound by those updates or revisions. Updates or revisions to these Terms are not applicable retroactively.

Privacy

eQuibbly’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. In consideration of your use of any Service provided by the Site, you agree to abide by and be legally bound by eQuibbly’s “Privacy Policy” and you agree that eQuibbly can use such data in accordance with our Privacy Policy.

FOR ALL SIGNINGS

If you choose to start or complete a signature, witnessing, record, or notarization of any kind, you agree to comply with any relevant law, including the state version of the Uniform Electronic Transactions Act and federal ESIGN act. You agree to conduct the transaction by electronic means using the Site to sign and store the electronic record.

You agree that the same legal rights and obligations occur with any electronic or digital signature used on the Site as it would with a signature signed in ink by hand. You have an option to use an ink signature and unless otherwise stated you are satisfied that signing using an electronic or digital signature completes and binds documents in such a way that any change is detectable and that the signature is verifiable. You agree that electronic or digital delivery of documents is an acceptable means of delivering documents and the receiving party may rely on the receipt of such document so executed and delivered by electronic or digital means as if the original had been received.

You agree to accept digital certificates.

Confidentiality

You agree to keep confidential all documents and materials disclosed during the arbitration produced by the other Party that are not otherwise in the public domain, except to the extent that disclosure may be required by legal duty, to protect or pursue a legal right in relation to your arbitration, or to enforce an Award in legal proceedings before a court or other judicial authority.

Except as required by law and as specifically stated in these Terms, you shall maintain the confidentiality of the arbitration and the proceedings, and shall not rely on, or introduce as evidence in any subsequent arbitral, judicial or other proceeding the following, unless for purposes of enforcing the Arbitral Award:

Views expressed or suggestions made by a Party or other participant with respect to a possible settlement of the dispute,
Admissions made by a Party or other participant in the course of the proceedings,
Proposals made or views expressed by the Arbitrator, or
The fact that a Party had or had not indicated a willingness to accept a proposal for settlement. You agree that neither the arbitrator nor eQuibbly shall be compelled to divulge such records or to testify in regard to the arbitration in any proceeding or judicial forum.
Rules

In consideration of your use of any arbitration services provided on or by the Site, you agree to abide by and be legally bound by eQuibbly’s “Arbitration Rules”.

Your Use Obligations

In consideration of your use of any services provided on the Site, you agree to: (a) provide true, accurate, current and complete information about yourself where prompted by the Site and (b) maintain and promptly update your personal information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or eQuibbly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eQuibbly has the right to suspend or terminate any services provided to you by eQuibbly and refuse any and all current or future use of eQuibbly services (or any portion thereof).

You are responsible for all activities undertaken by you using any service provided by eQuibbly, including, without limitation, access to materials on the Internet (whether at a password protected site or not) and use of e-mail. All such activities are at your own risk. You shall not use, nor permit others to use, the Site or any other eQuibbly services provided through the Site in a manner or for a purpose contrary to these Terms. In the event that you access other networks or computing resources, you agree to abide by their respective usage policies. You are responsible for all activities that occur under your password or account, and you agree to keep your password(s) confidential. You will immediately notify eQuibbly of any unauthorized use of your password or account or any other breach of security by sending an email to such effect to “contact [{at]} equibbly [{dot]} com” [ the [{at]} in the preceding to be replaced by the “@” symbol and the [{dot]} to be replaced by a period “.”].

You will not disrupt the functioning of the Site, solicit or use another user’s password, or otherwise act in a way that interferes with other users’ use of the Site. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.

Services provided by eQuibbly are not intended for use by minors and this Site may only be used by persons who have reached the age of majority in the applicable jurisdiction from which the Site is being accessed.

Single Copy License

You may download one copy of the materials and/or content, including but not limited to policy information, text, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Services (“Content”) found on this Site for use with the Services. This is a license, not a transfer of title, and is subject to the following restrictions: unless you receive prior written consent from us and unless you receive any required regulatory approvals, you may not: (a) modify the materials, Content, Services or accounts or use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software, materials, Content, Services or accounts; (c) remove any copyright or other proprietary notices from the materials, Content, Services or accounts; (d) unless otherwise provided herein, transfer or resell the materials, Content, Services or your account to another person. You agree to prevent any unauthorized copying of the materials, Content, Services and accounts.

Warranties and Disclaimers and Limitation of Liability

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER EQUIBBLY NOR ITS EMPLOYEES AND OFFICERS AND DIRECTORS, NOR ANY ARBITRATOR OR NEUTRAL, NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES EQUIBBLY PROVIDES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

YOU AGREE THAT NEITHER EQUIBBLY, ITS AFFILIATES AND EMPLOYEES AND OFFICERS AND DIRECTORS, NOR ANY ARBITRATOR OR NEUTRAL LISTED OR APPOINTED UNDER THIS SERVICE (“EQUIBBLY AND ITS REPRESENTATIVES”) IS A NECESSARY OR PROPER PARTY IN JUDICIAL PROCEEDINGS RELATED TO ANY ARBITRATION OR THE PROVISION OF SERVICES BY EQUIBBLY.

YOUY AGREE THAT EQUIBBLY AND ITS REPRESENTATIVES SHALL NOT BE LIABLE TO ANY PARTY IN ANY ACTION FOR DAMAGES OR INJUNCTIVE RELIEF FOR ANY ACT OR OMISSION IN CONNECTION WITH ANY ARBITRATION OR THE PROVISION OF ARBITRATION SERVICES BY EQUIBBLY.

YOU AGREE THAT EQUIBBLY AND ITS REPRESENTATIVES WILL NOT, AND DOES NOT HAVE ANY DUTY TO, PROTECT YOUR INTERESTS OR PROVIDE YOU WITH INFORMATION ABOUT YOUR LEGAL RIGHTS AND YOU WILL CONSULT YOUR OWN INDEPENDENT ATTORNEY IF YOU ARE UNCERTAIN OF YOUR RIGHTS.

YOU AGREE YOU WILL NOT CALL ANY OF EQUIBBLY AND ITS REPRESENTATIVES, AS A WITNESS IN LITIGATION OR ANY OTHER PROCEEDING RELATING TO ANY ARBITRATION FOR WHICH EQUIBBLY’S SERVICES HAVE BEEN UTILIZED. EQUIBBLY AND ITS REPRESENTATIVES ARE INCOMPETENT TO TESTIFY AS WITNESSES IN ANY SUCH PROCEEDING.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

YOU ACKNOWLEDGE AND AGREE THAT WHEN PERMITTED BY LAW, EQUIBBLY AND ITS REPRESENTATIVES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EQUIBBLY AND ITS REPRESENTATIVES, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND SITE CONTENT REMAINS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, EQUIBBLY AND ITS REPRESENTATIVES SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS HEREIN SHALL APPLY: (A) IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; AND (B) TO EQUIBBLY AND ITS AFFILIATED COMPANIES AND PERSONS, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS, DIRECTORS, EMPLOYEES, AND INDEPENDENT CONTRACTORS; AND (C) EQUIBBLY ARBITRATORS.

IN ADDITION TO THE LIMITATION AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, DISTRIBUTOR, SUPPLIER, NEUTRAL, ARBITRATOR, INDEPENDENT CONTRACTOR OF EQUIBBLY OR ANY AFFILIATES OF EQUIBBLY HAVE ANY LIABILITY ARISING FROM OR RELATED TO ANY INFORMATION OR DOCUMENTATION RELATING TO THE SITE.

Content and Services

eQuibbly is a website and service in which users of the Site (the “Users”), and arbitrators and other persons may provide advice or services, or make binding decisions at the request of Users. Although eQuibbly does take steps to verify the arbitrators’ identity, qualifications and experience, eQuibbly is not required to and does not perform criminal background checks.

The determination of the need for legal advice and the choice of an arbitrator are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Users must do all necessary research and satisfy themselves that the arbitrators and your choice of action is appropriate given your particular circumstances. You should consult independent legal counsel if you are unsure of your rights and perform your own due diligence. eQuibbly does not refer attorneys to users or provide legal advice.

A description or indication of limitation of practice or expertise by an arbitrator does not mean that any agency or board has certified such arbitrator as a specialist or expert in any indicated field, nor does it mean that such arbitrator is necessarily any more expert or competent than another person. All Users of the Site or Services should do their own independent investigation and evaluation of any person being considered for services offered by the Site.

eQuibbly reserves the right to remove any arbitrator or other person listed on the Site at its sole discretion. eQuibbly is in no way obligated to sell its Services to a person if eQuibbly feels that it is not in its best interest to do so.

Service Updates

You provide your express consent to receive via email updates, news and information regarding eQuibbly’s services. We rarely send more than 1 email per month. We do not send spam or sell your personal information. You can unsubscribe at any time. You can contact us at our address below or at the phone number listed on the Site on the ‘contact us’ page.

Indemnification

Upon request by eQuibbly, you agree to defend, indemnify and hold harmless eQuibbly And Its Representatives from all liabilities, claims and expenses, including attorney’s fees, that arise from or relate to your use or misuse of the Site, including without limitation content sent or posted by you through the Communication Services, your connection to the Site and/or eQuibbly services, your non-compliance with these Terms, or your violation of any third-party rights. eQuibbly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with eQuibbly in asserting any available defenses.

Prohibited Uses

You may not use the Site and/or eQuibbly services in any manner which could damage, disable, overburden or impair the Site and/or any eQuibbly services (or the network(s) connected to such site or services) or interfere with any other person’s use and enjoyment of the Site and/or eQuibbly services. You may not attempt to gain unauthorized access to the Site and/or any eQuibbly service, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Site.

The Site may contain message or communication facilities designed to enable you to post comments or otherwise communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using a Correspondence Service, you will not:

use the Site or Communication Services for any unlawful purpose or in any unlawful way;
use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited communications (commercial or otherwise);
upload, post, transmit, communicate, share, store or otherwise make available material or content which may expose eQuibbly, the Site, or Communication Services users to liability or harm of any kind;
upload, post, transmit, communicate or otherwise make available any material that you do not have a right to make available, including under any law or under contract or in violation of any duty (such as information protected by intellectual property laws, inside information, password information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, transmit, communicate or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files;
post, publish, modify, transmit, communicate, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Site, the Communication Services, eQuibbly’s network or telecommunication services;
restrict or inhibit any other user from using and enjoying the Communication Services or the Site, or create an unusually large burden on the Communication Services, such as by generating levels of traffic sufficient to impede others’ ability to send or retrieve information or to impede the Site or Communication Services’ ability to properly function;
harvest or otherwise collect information about others, including e-mail addresses, without prior written authorization from such owners of such information;
resell any of the Communication Services; or
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity to mislead others.
eQuibbly reserves the right at all times to disclose any information as eQuibbly deems necessary to satisfy any formal request by government when it is legally required to comply, and to remove any information or materials, in whole or in part, in eQuibbly’s sole discretion.

Use of the Site Unless otherwise specified, you may not modify, copy, distribute, transmit, communicate, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or services obtained from the Site.

International Use

eQuibbly makes no representation that materials on the Site or the Services are appropriate or available or legal for use in any location outside the United States, Canada, the UK, and Australia, and accessing them from territories where their contents are illegal is prohibited.

Third Party Products and Services and Links

This Site may contain links to third party web sites (“Linked Sites”), and may contain or refer to third party sources of information, articles, photographs, text, graphics, pictures, designs, music, sound, video, applications, hardware, software, products or services, including components and content such as content protected by copyright, or Linked Sites (“Third Party Products and Services”) or any other content or items owned by or originating from third parties. The Linked Sites and Third Party Products and Services are not under the control of eQuibbly, and eQuibbly is not responsible for the contents of any Linked Site or Third Party Products and Services, including without limitation the content, accuracy, completeness, copyright compliance, compatibility, performance, trustworthiness, legality, decency, appropriateness, links or any other aspect of the Linked Sites or Third Party Products and Services. eQuibbly is not responsible for any form of transmission or communication received from any Linked Site, and eQuibbly is not responsible if any Linked Site is not working appropriately. eQuibbly provides such links and information to you only as a convenience, and the inclusion of any link or reference to a Linked Site or Third Party Products and Services neither implies endorsement by eQuibbly of the Linked Site or the Third Party Products and Services, nor implies any association with the third party in any way. You should use your own judgment before you access or use any links or Third Party Products and Services. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties conducted through the Site or Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. eQuibbly shall not be responsible or liable for any part of any such dealings.

Intellectual Property Rights

eQuibbly does not claim ownership of information provided by you (“End User Content”), other than as expressly stated below.

You agree that without limitation, any suggestions, ideas, concepts for the improvement or modification of eQuibbly’s products and services (“Ideas”), submitted by you or anyone acting on your behalf, including your employees, are the property of eQuibbly without any further consideration to you, whether or not such Ideas are incorporated into eQuibbly products and services. None of the Ideas shall be subject to any obligation of confidentiality on the part of eQuibbly and eQuibbly shall not be liable or owe any compensation for any use or disclosure of the Ideas. Accordingly, eQuibbly requests that you be mindful of the rights you are granting to eQuibbly by providing comments, feedback or other End User Content.

You acknowledge that the Site may contain information, data, text, messages, works, software, music, sounds, photos, images, graphics, trademarks, tradenames, logos, videos, attachments, hyperlinks and other contents, materials and services which is generally provided by eQuibbly or by licensors of eQuibbly (collectively “eQuibbly Content”). You agree and acknowledge that, notwithstanding that eQuibbly permits access to the eQuibbly Content, the eQuibbly Content is protected by copyrights, trademarks, patents and other proprietary (including intellectual property) rights (collectively “Intellectual Property Rights”), that these Intellectual Property Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the eQuibbly Content shall be governed and constrained by applicable domestic and foreign laws governing Intellectual Property Rights. eQuibbly hereby grants to you a limited, non-exclusive, revocable, non-transferable license to use the eQuibbly Content solely for your personal use relating to your use of the Communication Services. Except as expressly set out herein, neither you nor anyone acting on your behalf, including your employees, acquires any Intellectual Property Rights relating to any eQuibbly Content, including without limitation the right to modify, publish, transmit, communicate, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the eQuibbly Content or software, in whole or in part. Any grants not expressly granted herein are reserved.

In addition to eQuibbly’s and its licensors’ Intellectual Property Rights in individual elements of the eQuibbly Content, you acknowledge and agree that eQuibbly owns a copyright in the selection, coordination, arrangement and enhancement of the eQuibbly Content.

eQuibbly, names and logos are the property of eQuibbly and are registered and/or used in the U.S. and Canada and other countries around the world. All other trademarks are the property of their respective owners.

Modifications to Services Provided

eQuibbly reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services provided through the Site (or any part thereof), with or without notice. You agree that eQuibbly shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services. If your arbitration is in process at the time it will be continued until it has been concluded or you will receive a refund for the full fee you paid for the arbitration.

Charges and Fees

You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any services offered through the Site by eQuibbly or by any other vendor or service provider. You shall pay to eQuibbly all fees owing for your use of the Services in accordance with eQuibbly’s fee schedule for such services. Such fees are nonrefundable. You shall pay all applicable taxes relating to use of the Site and Services.

Violation of Terms and Termination

eQuibbly may, in its sole discretion, advise you of any breach by you of these Terms or any inappropriate behavior on your part and any necessary corrective action to such breach or behavior. However, if this Site or any Services are used in a way in which eQuibbly, in its sole discretion, deems to violate these Terms, eQuibbly may take any actions it deems appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, filtering of Internet transmissions, suspension and/or termination of user account, and/or the immediate suspension or termination of any or all portions of the Communication Services. eQuibbly shall not be liable in any way for any such responsive actions. The above-described actions are not eQuibbly’s exclusive remedies and eQuibbly may take any other legal, equitable or technical action it deems appropriate.

eQuibbly reserves the right to investigate suspected violations of these Terms. You hereby authorize eQuibbly to cooperate with: (a) law enforcement authorities in the investigation of suspected criminal violations; and (b) system administrators at Internet service providers, networks or computing facilities in order to enforce these Terms; Such cooperation may include eQuibbly providing your username, IP address or other identifying information and other information related to the above matters.

Upon termination of any Services or any account you may have with eQuibbly, you authorize eQuibbly to delete any files, programs, data and messages associated with such account.

Notwithstanding the foregoing, eQuibbly reserves the right, in its sole discretion, to terminate your access to the Site and Services or any portion thereof, for cause without notice.

Notice

All demands, notices, communications and reports required to be sent by you under these Terms, including any notice of infringement of your copyright, shall be in writing and shall be personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to eQuibbly at the address specified below:

eQuibbly 1157 – 7B Pleasant Blvd Toronto, Ontario, Canada M4T 1K2 Attention: Legal Department

All demands, notices and communications required to be sent by eQuibbly under these Terms shall be in writing and shall be either sent by facsimile transmission with confirmation to your last known number, by e-mail to your last known e-mail address, or personally delivered, mailed or sent by reputable overnight courier services (delivery charges prepaid) to your last known physical address. Any such demand, notice or communication sent to you by eQuibbly will be deemed effective when it has been sent.

Legal information

eQuibbly may provide links to other websites which could provide some information about laws and regulations – this does not constitute advice from eQuibbly. The ideas, general principles and conclusions presented at this site may differ depending on local, state and federal laws and regulations and court cases. Because the law constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, users are urged to consult independent professional legal counsel in his or her country, State or Province regarding the applicability of any points of law discussed to any specific or general circumstances. This Site does not provide legal advice and the Site and Services should not be used as a substitute for competent legal advice.

The information contained at eQuibbly has been prepared by eQuibbly as a service to its users and is not intended to constitute legal advice. eQuibbly has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this Site or any other eQuibbly affiliated or referenced site. Users of information from this Site or any other eQuibbly website or link do so at their own risk.

Any reference made by this Site or any other eQuibbly website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by eQuibbly. Content on this and any other eQuibbly website may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of eQuibbly.

You have been advised and understand that any interaction on this Site or with any representative of eQuibbly or an arbitrator is not legal advice. eQuibbly And Its Representatives MAY NOT BE ATTORNEYS LICENSED TO PRACTICE LAW, AND MAY NOT GIVE LEGAL ADVICE.

Survival

The provisions of these Terms shall survive the cancellation, termination or expiry of these Terms.

Legal Action

You agree not to sue eQuibbly, or bring any form of legal action to bear against eQuibbly And Its Representatives and to indemnify and hold harmless eQuibbly And Its Representatives from all liabilities, claims and expenses, including attorney’s fees, that arise from or relate to any person or company or other entity who is not an employee or officer or director of eQuibbly, that uses the Site or misuses the Site, including without limitation content sent or posted by them on the Site or through the Services, their connection to the Site and/or eQuibbly services, and their non-compliance with these Terms, or their violation of any third-party rights including your rights. You agree that if you violate this term of use of eQuibbly services, and/or you or any of your affiliates or subsidiaries sue eQuibbly And Its Representatives, or bring any form of legal action to bear against them, you will, at your own expense, indemnify and hold harmless eQuibbly And Its Representatives from all liabilities, claims and expenses, including attorney’s fees, that arise from or relate to any legal action you or any of your affiliates or subsidiaries initiate or bring against eQuibbly.

Non-Disparagement

You agree that you will not, in any communication that can reasonably be expected to become public, with any person or entity, including any third-party media outlet or website, make any derogatory, disparaging or critical negative statements, orally, written or otherwise, against eQuibbly or its services, or any of eQuibbly’s managers, directors, officers, employees, agents and arbitrators, unless you have irrefutable physical evidence that proves beyond any doubt that the communication at issue is true, and you provide that proof to eQuibbly immediately upon request. If after three days of being notified of this breach you have not removed the communication at issue or caused it to be removed, you will be considered in breach of the Terms, and you, as liquidated damages, and not as a penalty, will immediately pay to eQuibbly the amount of $25,000. Nothing herein shall prevent you from testifying truthfully in connection with any litigation, arbitration or administrative proceeding when compelled by subpoena, regulation or court order to do so.

Operational and Security Requirements

eQuibbly, in its effort to perform its identity verification, signing and other functions, is able to collect and retain user input, including all relevant computer data, including but not limited to access logs, IP addresses, user click data, and other user information. If you create an audio or visual recording using the Site for notarization, identification, or other purpose, then we can retain that recording. eQuibbly will NOT create any such audio or visual recording without your consent.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account by inputting an email (as a User ID), password, and/or potentially other information. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify eQuibbly immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by eQuibbly or any other user of or visitor to the Site due to someone else using your User ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s User ID, password or account at any time for any reason. eQuibbly will not be liable for any loss or damage arising from your failure to comply with these obligations.

General Provisions

eQuibbly’s affiliates and the directors, officers and employees of eQuibbly and its affiliates and representatives are intended third party beneficiaries for the purpose of these Terms. Except as otherwise specifically stated in such provisions, these Terms are for the benefit of you and eQuibbly And Its Representatives and not for any other person or entity.

No party is to be deemed to have waived or forfeited any right under these Terms, whether on the basis of failure, delay or any other legal or equitable doctrine, unless such waiver is made in writing signed by an authorized signatory of the party against whom the waiver is sought to be enforced. Waiver of any provision, or any breach of any provision, of these Terms in one instance shall not constitute a waiver as to any other instance.

These Terms are to be governed by and construed under the laws of the Province of Ontario. If you reside outside of Canada, at the option of eQuibbly, these Terms are alternatively to be governed by and construed under the laws of the state of New York, excluding any body of law governing conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to these Terms. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and attorn to the jurisdiction of the courts located in the Province of Ontario or the State of New York (the choice of the two at the sole option of eQuibbly), as the case may be, for any such claims arising from or related to these Terms. The parties specifically agree that, in the event that there is a dispute under these Terms and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial. The parties hereby waive all rights to a trial by jury in any matter related to or arising from these Terms.

Any disagreement or dispute arising out of or relating to these Terms, or the breach thereof, which the parties are unable to resolve after good faith negotiations, shall be settled by final and binding arbitration to be conducted in Toronto, Ontario, Canada using a reputable arbitrator. The parties will agree on an independent third-party arbitrator. Each party shall bear one half of the costs associated with the arbitration proceedings. No dispute between the parties, or involving any person but you, may be joined or combined together, without the prior written consent of eQuibbly. Judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. Notwithstanding the foregoing, eQuibbly has the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of law for claims or disputes regarding your violation or threatened violation of these Terms.

No joint venture, partnership, employment or agency relationship exists between you and eQuibbly as a result of these Terms or use of this Site and/or eQuibbly services.

To the extent any provision or portion of these Terms is determined to be illegal, invalid or unenforceable by a competent authority in any jurisdiction, then such determination of that provision or portion thereof will not affect: (a) the legality, validity or enforceability of the remaining provisions of these Terms; or (b) the legality, validity or enforceability of that provision in any other jurisdiction, and that provision (or portion thereof) will be limited if possible and only thereafter severed, if necessary, to the extent required to render the Agreement valid and enforceable.

The governing language of these Terms shall be English. If these Terms are translated into a language other than English, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translated version thereof. Unless, and only to the extent, prohibited by law in your jurisdiction, any and all disagreements, disputes, mediation, arbitration or litigation relating to these Terms shall be conducted in the English language, including, without limitation, any correspondence, discovery, submissions, filings, pleadings, oral pleadings and arguments, and orders or judgments.

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements between the parties relating to the Site other than as set out in these Terms. These Terms supersede any prior or contemporaneous provisions, understandings, communications, representations, warranties, undertakings, collateral agreements and agreements between the parties, whether oral or written, with respect to the subject matter hereof, and you acknowledge that you have not relied on any of the foregoing in agreeing to enter into these Terms.

You will, at your expense, obtain and maintain all licenses, registrations and approvals required by the government authorities or applicable law in your jurisdiction for the execution and performance of these Terms or any related license agreements.

Waiver, Severability & Assignment

eQuibbly’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. eQuibbly may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Changes to Site Information

While every effort has been made to ensure technical accuracy, information on the Site is subject to change without notice, and does not represent a commitment on the part of eQuibbly. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between eQuibbly and you. They do not create any third party beneficiary rights.