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| TERMS AND CONDITIONS |
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Acceptance of Terms
Copyright and Trademark
Use of Site and Content
Your User ID and Password
Submissions - Your Content
Right to Use Your Content/Information - Privacy
Exclusion of Warranties - Limits on Liability
Indemnification
Law and Jurisdiction
Violations
Contact Information
Intellectual Property Infringement Claims
Acceptance of Terms
By accessing this website (the 'Site'), you agree to the following Terms and Conditions. If you do not agree, you should exit this Site and not use it further. Equinox Associates LLC ('Equinox Partners') reserves the right to revise these Terms and Conditions at any time by updating this posting. It is your responsibility to review these Terms and Conditions from time to time in order to become aware of any changes.
Copyright and Trademark
All content on this Site, unless specifically noted, is the copyright of Equinox Partners. Copyright violation is a serious offense, punishable by civil and criminal penalties.
'Equinox Partners', 'The Source for Real Estate Leadership', and the Equinox Partners logos are service marks of Equinox Partners. Other trademarks, service marks and logos are the property of their respective owners. You are not permitted to use any trademarks, service marks or logos without the prior written consent of the owner.
You may browse the Site and use its functions and features, and you may download material displayed on the Site for your own personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download. Nor may you distribute, modify, transmit, reuse, repost, or use any material from the Site for public or commercial purposes. Any use contrary to these Terms and Conditions is a violation of the intellectual property rights of Equinox Partners and/or its contributors.
Use of Site and Content
Use of this Site and any content on this Site, including any authorized downloading of content from this Site, is at your own risk. Equinox Partners does not warrant that access to this Site or any of its content will be uninterrupted, secure or error-free, that defects will be corrected, or that this Site will be free of viruses or other harmful components. You are solely responsible for any damage to computer systems or loss of data you may suffer.
It is Equinox Partners' goal to provide helpful data and information, but we do not guarantee the accuracy or completeness of any such data or information. Equinox Partners and its data providers shall not be liable for any errors or inaccuracies, or for any actions taken in reliance thereon. It is your responsibility to confirm all data and information, and to evaluate for yourself the accuracy and usefulness of any other content on the Site. Please seek the advice of professionals, as appropriate.
Equinox Partners has not reviewed any sites linked to this Site ('Linked Sites') and is not responsible for the content of any Linked Sites. Your access to, and use of any Linked Site(s) is entirely at your own risk.
Your User ID and Password
Your user ID and password control your access to parts of this Site. You are responsible for protecting and keeping confidential your User ID and password, for any unauthorized use of the Site conducted via your User ID and password, and for notifying us immediately at info@equinoxsearch.com, if you know or suspect that your User ID or password has been compromised.
Submissions - Your Content
You are responsible for ensuring that all information you provide to Equinox Partners is true, accurate, and not misleading, and for promptly updating any information that changes. You are also responsible for ensuring that any material - including third-party content - that you post or otherwise transmit to this Site or that is posted or otherwise transmitted via your User ID and password ('Your Content') does not violate any laws or the rights of any person (including, but not limited to, those related to privacy, confidentiality, publicity, copyright, trademarks, trade secrets or patents); is not defamatory; is not pornographic, obscene, or otherwise indecent; does not harass, threaten, abuse, or offend (including racially, ethnically, and sexually offensive communications); does not contain any virus or any other similar harmful or malicious program, code, or data; does not contain advertisements, promotions, or commercial solicitations; does not constitute 'spamming' as that term is commonly understood or as it is defined under the law; and does not otherwise expose Equinox Partners to civil or criminal liability or public ridicule.
Equinox Partners Right to Use Your Content/Information - Privacy.
The provision and collection of data are subject to the terms of this Agreement and Equinox Partners' Privacy Policy. Except as otherwise provided by the Privacy Policy, you grant to Equinox Partners a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid transferable right and license to use any of Your Content and exercise all rights, including, but not limited to, copyright rights, in such information in any media now known or that may be later developed.
Equinox Partners does not assume any responsibility for Your Content or for any content furnished by anyone other than Equinox Partners. Equinox Partners may, at any time and in its sole discretion, screen, monitor, investigate, intercept, block, exclude, remove, request the removal of, or otherwise exercise control over your Content or anyone else's content that Equinox Partners determines violates any applicable law or any right of Equinox Partners or any third party, or otherwise may expose Equinox Partners to civil or criminal liability or public ridicule, provided, however, that such right shall not obligate Equinox Partners to so exercise control over your Content or any third party's content.
Any information, feedback, data, questions, comments, suggestions or other items you submit regarding Equinox Partners or this Site shall be deemed not to be confidential and shall become the property of Equinox Partners, and Equinox Partners shall be free to reproduce, use, disclose and distribute such communication to others, without limitation. Equinox Partners shall also have the unrestricted right to use any ideas, concepts, know-how, software, documentation, diagrams, drawings, schematics or techniques contained in your communication in any manner and for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products or providing services.
You acknowledge awareness of security and privacy risks, including, but not limited to (i) the limitations of security, privacy and authentication measures, and (ii) that data and information transferred via this Site may be subject to eavesdropping, breaking passwords, spoofing, harassment and other security or privacy hazards. Equinox Partners shall not be liable for damages of any kind associated with these risks.
Exlusion of Warranties - Limits on Liability
ALL MATERIALS, INCLUDING ANY CANDIDATE OR COMPANY PROFILES, JOB DESCRIPTIONS, CONTENT, PRODUCTS, AND SERVICES, ON THIS SITE AND ANY LINKED SITES ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, AND MAY INCLUDE INACCURACIES OR ERRORS. EQUINOX PARTNERS MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, REGARDING ALL MATERIALS ON THIS SITE.
EQUINOX PARTNERS, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) RELATING TO THE USE, PERFORMANCE, DELAY OR INABILITY TO USE THIS SITE OR A LINKED SITE, EVEN IF EQUINOX PARTNERS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Equinox Partners' maximum liability to you for claims, including, but not limited to negligence, shall in no event exceed the amount you paid Equinox Partners to use this Site. Some states do not allow the exclusion of implied warranties or certain forms of damages, so some of the above may not apply to you.
Indemnification
You agree to indemnify and hold harmless Equinox Partners, its affiliates, members, directors, officers, employees, agents and representatives from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to: (a) your inappropriate or unlawful use of the Equinox Partners Site; (b) any alleged breach of these Terms and Conditions; and (c) Your Content.
Law and Jurisdiction
This site is operated by Equinox Partners from the State of New York, United States of America. Equinox Partners makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if, and to the extent, local laws are applicable. These Terms and Conditions shall be governed by internal New York and relevant federal laws without regard to principles of conflicts of laws. Exclusive jurisdiction for any action or dispute relating to this Site is in the state and federal courts located in New York. By accessing this Site, you consent to the jurisdiction of such courts.
Violations
Equinox Partners reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions, including but not limited to terminating membership or access to the Site. No waiver by Equinox Partners shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Contact Information
This site is owned and operated by Equinox Partners with corporate offices located at:
675 Third Avenue, 20th Floor
New York, New York 10017
If you have any questions concerning this site or its policies, please contact us at info@equinoxsearch.com.
Intellectual Property Infringement Claims
Equinox Partners will respond as quickly as practical to any claims that infringing material appears on the Site, including investigating any such claims and taking any appropriate action under applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq. (the 'Act'), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. We will terminate access for any member who is a repeat infringer. Notices of alleged infringement should be sent to:
Steven D. Kossoy
Equinox Partners
675 Third Avenue, 20th Floor
New York, NY 10017
Phone: (212) 661-2000
Fax: (212) 661-0505
Email: skossoy@equinoxsearch.com
If we remove or disable access to any allegedly infringing material, we may attempt to contact the member or other person who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act, before we replace or restore access to the allegedly infringing material. See also Equinox Partners' Privacy Policy.
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