HELP

TERMS OF SERVICE

OVERVIEW OF EQLZ (US) TERMS OF USE

This website is operated by EQLZ (US) LLC and its affiliated companies (collectively, “EQLZ”).  Throughout the site, the terms “we”, “us” and “our” refer to EQLZ.   PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.  YOU ACKNOWLEDEGE THAT BY ACCESSING THIS EQLZ WEBSITE OR OTHER EQLZ ONLINE OR MOBILE SERVICES OR APPS (THE “SERVICES”), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS INCLUDING THOSE ADDITIONAL TERMS, CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK (THE “TERMS”).  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THE SERVICES.

These Terms are an agreement between you and EQLZ, and apply to your access to, and use of, the Services, including any purchases you may make. These Terms do not alter in any way the terms or conditions of any other agreement you may have with EQLZ for products, services or otherwise. You confirm that you are authorized to accept these Terms on behalf of any entity on behalf of whom you are using the Services and that such entity agrees to indemnify you and EQLZ for any breaches of these Terms.

EQLZ reserves the right to change or modify these Terms at any time and without notice to you in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions in these Terms. Any continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please frequently review and understand the Terms and applicable policies that apply to your use of the Services. 

Questions regarding the Terms and the Services may be directed to {support@eqlz.com}.

1. Conditions to Online Store Access; Privacy Policy

You represent that you are at least the age of majority in your state or province of residence and that you consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, and in using the Services, you will not violate any applicable laws. You must not transmit any worms, viruses, malware or code of a destructive nature. Please refer to our Privacy Policy for information about how EQLZ collects, uses and discloses information about our users.

2. General Terms of Sale

All sales made through the Services are governed by our Terms of Sale, below.  Please refer to these Terms of Sale for the terms, conditions and policies applicable to your online purchases from EQLZ. These Terms of Sale are subject to change without notice, at any time and in our sole discretion, so you should review these Terms of Sale each time you make a purchase through the Services.

1. Pricing; Orders; Taxes
   All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges may be additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order. The prices listed via the Services are only advertisements and are not offers to form an agreement. By placing an order via the Services, you are making an offer to EQLZ to purchase products or services. Any order shall be subject to acceptance by EQLZ and EQLZ may reject all or any part of an order and discontinue products or services without notice. In addition, order confirmation emails are subject to product availability. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. Confirmation of additional information may be necessary prior to the acceptance of an order.
   You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. EQLZ is not required to collect and remit sales or use taxes in all states and jurisdictions. If you do not pay such taxes or fees in connection with a transaction via the Services, you will be responsible for such taxes or fees in the event that they are later determined to be payable. EQLZ reserves the right to collect such taxes or other fees from you at any time.
2. Errors
   We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not represent or warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to return the product or service and obtain a refund in accordance with the requirements for returns provided below (Returns and Exchanges).
3. Discounts
   EQLZ may offer discounts or discount programs, either of which may be changed or revoked at any time. Discount programs are intended for personal use only (not for resale). You may not share discounts with third parties or make purchases for anyone other than immediate family members unless the terms of the discount program state otherwise. Discount programs may not be applicable to specific products or to sale items. Discount programs cannot be combined with other offers, including free shipping.
4. Pre-Orders
   We may offer you the ability to pre-order a product before it becomes available. If you choose to pre-order a product, we will not charge you until the product becomes available and we can complete your purchase. Please note that a preauthorization charge may be required by your financial institution resulting in a temporary hold on your account on purchases made via the Services.
5. Out-of-Stock Items
   If the color, size, or width of a product you would like to purchase is not shown in the relevant drop-down box or list of options on the product's information page, then the color, size or width is not available for purchase. If the specific product that you would like to purchase is unavailable, please check our Services later as our inventory of products is subject to change.
6. Shipping & Handling; Export
   You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add, or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all products by standard ground delivery, unless otherwise directed by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Services are shipment contracts, not destination contracts, so the title and risk of loss or damage to all products purchased via the Services will pass to you upon EQLZ’s delivery of the products to a transportation carrier. Any shipping or delivery dates or times shown on the Services are estimates only and actual delivery dates and times may vary. You agree that you will not obtain, or direct shipment of any product purchased through the Services for export.
7. Payment; Credit for Refunds
   Only valid credit cards and other payment methods acceptable to us may be used to purchase products and services through the Services, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Services, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling, and any other amounts described on the Services). When you provide your payment information, you authorize us (or a third-party service provider working on our behalf) to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.
8. Returns and Exchanges
   If for any reason you are not completely satisfied with your purchase from EQLZ {within the first thirty (30) days} after your purchase via the Services, we will replace or exchange your product. General information and instructions regarding returns, exchanges and refunds can be found in our {Returns Policy} below.
   Worn or used EQLZ products that you purchased from the Services may be returned within thirty (30) days of purchase pursuant to EQLZ’s {Return Policy}. Product(s) must be in new condition. To make a return within this policy, please refer to the {Return Policy} to initiate your return and create your {complimentary} return shipping label. The title and risk of loss or damage to any products returned to EQLZ, will pass to EQLZ upon its actual receipt and acceptance of such returned products.
   If a gift certificate, card, voucher, coupon or payment method other than a credit or debit card was used to pay the original price of the product you purchased, or if the purchase you made was part of a special offer that is not in effect when you make your return, we may give you a merchandise credit. After we have received your valid return, {we will provide one of the following within a reasonable time: (a) an exchange of merchandise for the item returned, (b) a non-transferable merchandise credit, (c) a non-transferable gift certificate or gift card, (d) a credit to the credit card or other payment method used to pay for the product, (e) a check, or (f) another remedy that we determine in good faith is appropriate in the circumstances.} If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
9. If you believe a product sold by EQLZ has a condition or defect that might make it unsafe, please report this safety concern immediately by contacting us by email support@eqlz.com or call us (805) 555-1212.

3. Eligibility,  Creating a Profile and Posting Comments

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are under the age of 18, or age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services; (b) do not have more than one online account with EQLZ; and (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.

{To create a profile or post a comment on the Services, you may need to register for an online account.} When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names.

In consideration of your use of the Services, you agree to (a) not make fraudulent transactions; (b) provide accurate, current and complete information; (c) maintain and promptly update your account information; (d) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to EQLZ; and (e) promptly notify EQLZ if you discover or otherwise suspect any security breaches related to the Services. You agree to not engage in any unlawful activity while using the Services.

4. Proprietary Content and Limited License

Unless otherwise indicated on the Services, the Services and all content and other materials therein, including, without limitation, the EQLZ logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are proprietary to EQLZ or our licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Services. However, such license is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; and (g) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of EQLZ, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

5. Infringement Policies; Copyright Notifications

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, EQLZ has adopted a policy of terminating, in appropriate circumstances and in EQLZ's sole discretion, account holders or other users of the Services who are deemed to be repeat infringers. EQLZ may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

6. Trademarks, Service Marks and Trade Dress

"EQLZ”, the EQLZ logo and any other EQLZ product or service names, logos or slogans that may appear on the Services are trademarks of EQLZ and may not be copied, imitated or used, in whole or in part, without the prior written permission of EQLZ or the applicable trademark holder. You may not use any metatags or other "hidden text" utilizing "EQLZ," or any other name, trademark or product or service name of EQLZ without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of EQLZ and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by EQLZ.

7. EQLZ IP

You may not use a EQLZ logo or other proprietary graphic of EQLZ to link to the Services without the express written permission of EQLZ. Further, you may not use, frame, or utilize framing techniques to enclose any EQLZ trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without EQLZ's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of EQLZ or any third party.

8. Third-Party Content and Promotions

EQLZ may provide third party content or run promotions from third parties and may provide links to web pages, products, services, and content of third parties on the Services (collectively, "Third Party Content"). EQLZ does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party.  When you leave the Services, you should be aware that our terms and policies no longer govern. EQLZ is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of Third Party Content on the Services.

9. Interactive Features and User Content

The Services may include discussion forums, blogs or other interactive features or areas in which you or other users create, post, transmit or store content, including but not limited to text, music, sound, photos, video, Product Reviews (as defined in Section 10), graphics, code and other items or materials (collectively, "User Content"). User Content is publicly viewable and may include your profile information and any content you post pursuant to your profile. You agree that you are solely responsible for your User Content and for your use of such interactive areas, and that you use them at your own risk.

By using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

●User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.

●User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

●User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

●User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

●Unsolicited promotions, political campaigning, advertising or solicitations;

●Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

●Viruses, corrupted data or other harmful, disruptive, or destructive files; or

●User Content that, in the sole judgment of EQLZ, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose EQLZ or our users to any harm or liability of any type.

●You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:

●Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;

●Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;

●Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;

●Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);

●Use or attempt to use another's account without authorization from such user and EQLZ;

●Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;

●Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose, except as required by the Federal Trade Commission and other similar guidelines;

●Engage in any harassing, intimidating, predatory or stalking conduct;

●Develop any third-party applications that interact with User Content and the Services without our prior written consent; and

●Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

EQLZ is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is EQLZ responsible or liable for any associated loss, damage, injury, or harm. Enforcement of these Terms is solely in EQLZ's discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of EQLZ's right to enforce these Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, EQLZ is not liable for any statements, representations or User Content provided by our users through the interactive area of the Services. Although EQLZ has no obligation to screen, edit or monitor any User Content, EQLZ reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.

10.  Reviews of Products or Services; Rights in User Content

We may provide specific opportunities for you to tell EQLZ or other EQLZ users what you think about our products or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such review, and EQLZ does not endorse or approve of any such reviews or have any responsibility or liability for the accuracy, appropriateness, or content of such reviews. Finally, we may use a third party to manage reviews or provide users with the opportunity to review EQLZ products or services. In that case, you will also need to review such third party's terms of service and privacy policy to determine whether they are acceptable to you. If they are not, do not use the third party to provide Product Reviews.

11. Submissions (Questions, Comments, Suggestions, etc.)

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about EQLZ, the Services or our other products and services ("Submissions"). Submissions, whether submitted through the Services or otherwise, are non-confidential and shall become the sole property of EQLZ. EQLZ shall own exclusive rights, including all intellectual property rights, in and to such Submissions and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

12. Legal Notices

All complaints and legal notices should be mailed to EQLZ  Attn: Legal Department, 130 Los Aguajes, Santa Barbara, CA 93101.

13. Indemnification and Hold Harmless

You agree to defend, indemnify and hold harmless EQLZ and our officers, agents, partners, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) any Submissions you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.

14. Warranty Disclaimer; No Medical Advice

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY EQLZ, THE SERVICES AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EQLZ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT CONTAINED THEREIN. EQLZ DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

EQLZ IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE EQLZ ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, EQLZ CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

The Services may include items that encourage physical activity. They are for your information only and are not considered medical advice. Seek advice from your medical professional and consider all risks before engaging in any physical activity.

EQLZ is not responsible or liable for any injuries or damages you may experience that result from your use of, or inability to use, the Services or EQLZ products.

EQLZ CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR PRODUCTS OR SERVICES. ANY IMPLIED WARRANTIES ON PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE {90-DAY PERIOD FOR RETURNS}PROVIDED FOR IN THE TERMS. 

EQLZ reserves the right to change all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by EQLZ. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers or limits on how long an implied warranty lasts, so some or all of the limitations and disclaimers in this section may not apply to you.

15. Limitation of Liability

IN NO EVENT SHALL EQLZ, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM EQLZ, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EQLZ' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EQLZ, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EQLZ FOR ACCESS TO OR USE OF THE PRODUCTS OR SERVICES.

16. Applicable Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH EQLZ AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EQLZ.

You and EQLZ agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and EQLZ are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and EQLZ agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to EQLZ shall be sent to EQLZ  130 Los Aguajes, Santa Barbara CA, 9310,  Attention Legal Department. You and EQLZ further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Santa Barbara County, CA; that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association; and that the state or federal courts in Santa Barbara County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and EQLZ will not commence against the other a class action, class arbitration or other representative action or proceeding.

17. Termination

Notwithstanding any of these Terms, EQLZ reserves the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof. 

18. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.