Last Updated: November 17, 2020

Please read these Terms of Service (“Terms” or “Terms of Service”) carefully before using the https://examequip.com website (the “Site”). Your access to and use of the Site is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all users, visitors and all others who access or use the Site. By accessing our Website, You are agreeing to the Terms of this Website and the accompanying Website Privacy Policy https://examequip.com/privacy which are hereby incorporated by reference.

By accessing or using this Site, You agree to be bound by these Terms. If You do not agree with these Terms, You are not allowed to use this Site.

Eligibility & COPPA

(a) You must be at least 13 years of age to use this Site. If You are at least 13 years old but under 18 years of age (or the age of legal majority where You live), You may only use our Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If You are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), You agree to these Terms and to be fully responsible for the acts or omissions of such user.

(b)  If You are using our Site on behalf of another person or entity, You represent that You are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if You or the other person or entity violates these Terms. In these cases, the term “You” will refer collectively to You and that other person or entity.

Disclaimers

We do not control, endorse or take responsibility for any User Content or Third-Party Content available on or linked to by our Site. Your use of our Site is at Your sole risk. Our Site is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Site is accurate, complete, reliable, current or error-free. You assume the entire risk as to the quality and performance of the Site.

Limitation of Liability

We will not be liable to You under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, special damages or lost profits arising out of or in any way related to these Terms or our Site, even if We have been advised of the possibility of such damages.

Release

To the fullest extent permitted by applicable law, You release Us from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights You may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.

Governing Law and Venue

These Terms and Your access to and use of our Site will be governed by and construed and enforced in accordance with the laws of Florida, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of Florida and the United States, respectively, sitting in Palm Beach County, Florida.

Termination

We reserve the right, without notice and in our sole discretion, to terminate Your right to access or use our Site or to discontinue all or a part of the Site. We are not responsible for any loss or harm related to Your inability to access or use our Site.

Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between You and us relating to Your access to and use of our Site. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Changes to Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Site and updating the “Last Updated” date above. The amended Terms will be effective immediately and Your continued access to and use of our Site after we provide notice will confirm Your acceptance of the changes. If You do not agree to the amended Terms, You must stop accessing and using our Site.

Contact

If You have any questions or concerns regarding the Site or these Terms, please contact examequip.com at: privacy@hlprivacy.com.