Equiem USA LLC – December 2016

User Agreement - Terms and Conditions

Please do not proceed to use this Website until you have read, understood and accepted these terms and conditions. If you have any questions, please contact us and we will be happy to assist.

Equiem USA LLC

Phone: 1 888 204 6264

Email: contact@equiem.com.au

1.0 Agreement

1.1 This document (this “Agreement”) is a legal contract between You (the user of the 110 West 40 website (the “Website”)) and Equiem USA LLC, the operator of the Website (“Equiem,” “we,” “us” or “our”).

1.1 The following are the terms and conditions governing your use of the Website.  Please read them carefully.  By visiting and/or using the Website, You accept these terms and conditions and agree to be bound by them.

1.2 Equiem reserves the right, at its sole discretion, to change, modify, amend or delete any provision of this Agreement, or discontinue maintaining the Website or any content or information therein at any time, with or without prior notice.  Equiem may change this Agreement from time to time and any changes are effective immediately on posting the modified Agreement on the Website.  We will provide you with notice of the modification via your email address, if one was provided to us by you.  We advise You to check this page regularly to take notice of any changes, as we may update this Agreement from time to time.  If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, You must immediately stop using the Website.

2.0 Unauthorized Activity

2.1 You must be a registered user (create an account and select username and password) to access the Website and use its features. You may not use another user’s registration. When registering, You must provide accurate and complete registration information during registration process, and keep this information accurate and current over time on the My Account page. You are solely responsible for any activity, including purchases and posting of comments, that occurs under your registration. If You suspect any unauthorized use or loss or theft of your login information, you must change Your password and notify Equiem immediately.  Equiem reserves the right to suspend or terminate your account if any information provided proves to be inaccurate, not current or incomplete.  You are also responsible for maintaining the confidentiality of your login information.  You may cancel your registration at any time by sending an email to: contact@equiem.com.au.

2.2 You must be over 18, possess the legal capacity to enter into this Agreement, and agree to follow these terms and conditions, to register and use this Website.  By accessing or using the Website you represent and warrant that You (i) are 18 years of age or older, (ii) have legal capacity to enter into this Agreement, and (iii) agree to the terms and provisions hereof.

3.0 Using the Website

3.1 Equiem may change the Website at anytime, does not guarantee that all features of the Website will be retained over time, and may close the Website at any time. Equiem may suspend or terminate Your account or restrict Your access if it reasonably considers there has been a breach of this Agreement by You.  Equiem reserves the right to revoke your access to and use of the Website at any time, with or without cause.

3.2 You agree not to do any of the following:

  • access (or attempt to access) the Website by means other than through the interface provided by us;
  • engage in activity that interferes with, damages or disrupts the Website or the servers and networks that host the Website, including but not limited to upload any viruses, worms, Trojan horses, logic bombs or other forms of malicious or harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads or denial-of-service attacks;
  • use, copy, distribute or commercialize any Content (as defined below) or any information generated by it (“Data”) without our prior written consent;
  • circumvent, disable or otherwise interfere with any security features of the Website;
  • engage in any fraudulent, abusive or illegal activity in using this Website, including breaches of this Agreement and violations of any applicable local, state, national, or international laws or regulations (any such activity may be referred to appropriate law enforcement agencies);
  • upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose any information that would constitute a violation of any confidentiality obligations you may have;
  • send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • use any manual or automated software, devices, or other processes or means to “crawl”, “spider” or”, “screen scrape” or otherwise monitor or copy any web pages or materials contained on the Website;
  • obtain, collect, store or modify the personal information about other users or distribute such information to third-party entities for marketing purposes;
  • decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Website or any portion thereof;
  • otherwise attempt to interfere with the proper working of the Website; and
  • encourage or enable any other individual to do any of the foregoing.

3.3 (a) The promotion of goods or services on this Website are invitations to bargain only. Equiem (i) does not sell or guarantee these goods and/or services and (ii) makes no representations or warranties regarding any other website, mobile application or third-party resources that may be referenced, accessible from, or linked to the Website.   

(b) Equiem will pass your offer to purchase (or order) in response to the invitation to bargain to the provider of those goods and/or services. Such order is subject to the terms and conditions of this Agreement, and any specific terms and conditions specified by the third party. Your offer is to purchase at the price specified, plus any additional charges for delivery specified separately in the invitation to bargain.

3.4 Equiem and the provider of the goods and/or services offered reserves the right to accept or reject your offer for any reason, including unavailability or an error in the description or price, and if your order is rejected Equiem will provide a full refund of any payment received. Once an offer is submitted, You cannot cancel your order.

3.5 If You have purchased goods and/or services on behalf of someone else, You as the registered user remain fully liable for all costs and for procuring compliance by the recipient with this Agreement and with the provider’s terms and conditions. You must not supply and goods and/or services to anyone under the age of 18 under any circumstances.

4.0 Price, Payment and Delivery

4.1 The prices of goods and/or services and other charges are shown in US dollars and do not include any applicable taxes, unless expressly stated otherwise. Prices may change rapidly and are current only at the time of display. All payments must be received in full before an offer is passed onto a provider.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY PAYMENT MADE.

4.2 If accepted by the provider, Your offer will be delivered to You in the manner specified on the Website. Some goods and/or services may only be available for delivery or consumption during certain periods or within certain time limits. Equiem cannot be held responsible for any loss suffered as a result of a cause beyond or reasonable control, including loss or damage during delivery. You are responsible for collection of any goods or services, including collecting them within any recommended or reasonable time limits. The provider, not Equiem, is the seller and supplier of the goods or services You have ordered and is solely responsible for any orders you place.

5.0 Refund Policy

5.1 Equiem aims to provide you with a convenient, cost effective method of purchasing goods and/or services. Equiem relies on our providers to supply these goods and services to You. If You have any complaints about the goods and/or services ordered through the Website, please notify the provider and Equiem as soon as possible. While Equiem is not liable for any claims You may have against the provider, Equiem will use reasonable efforts to resolve disputes with the provider.

5.2 Equiem will only issue a refund at its sole discretion and in circumstances where the provider has not supplied the goods and/or services and You have not caused or contributed to that non-supply in any way. You must have provided notice or your request for a refund within 14 days of purchase. Equiem will not issue a refund if You have changed your mind, or You are unable to use or take delivery of the goods and/or services. Your refund request must be sent from the email address that is registered on Your Equiem account, and include all details of the purchase and reasons for the refund request. We may request more proof and investigate the request with the provider. Any refund issued will be issued in a manner at Equiem’s discretion. Any refund is not an admission of liability by Equiem. If Equiem refuses refund request You may seek a refund directly from the provider.

6.0 Email Policy and Links to Third Party Websites

6.1 You consent to receive certain emails from Equiem. Emails are essential for purchase confirmation and account management. You have the option to receive emails containing information on products and the Website generally. For any inquiries contact us at support@equiem.com.au.

6.2 The Website may include links to third party sites that are controlled and maintained by others. Any link to other Internet sites is not an endorsement of such sites and You acknowledge and agree that we are not responsible for the content or availability of any such sites. This Agreement does not apply to any non-Equiem websites.  It is Your responsibility to evaluate the content and usefulness of information obtained from other sites.  Equiem expressly disclaims any liability arising in connection with Your use of any websites or any material associated with links that may appear on the Website.

7.0 Disclaimer

7.1 Equiem will provide the Website and any related services with due care and skill but the Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Equiem makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of malicious code, viruses or anything else, which may be harmful or destructive.

7.2 You agree and acknowledge that neither Equiem nor the owners of the building to which the Website relates (the “Building Owners”), are the supplier of the goods and/or services that are displayed on the Website, and the ultimate provider is the third party as specified on the Website which has sole responsibility for providing the goods and/or services ordered through the Website.

7.3 For the avoidance of doubt, You are not entering into any relationship or agreement with the Building Owners and You have no claim against the Building Owner in relation to the Website or the provision of any goods and/or services ordered through the Website.

7.4 To the maximum extent allowed by law, Equiem and the Building Owners exclude all liability to You or anyone else for loss or damage of any kind (however caused or arising) including consequential loss relating in any way to the content and/or Website including, but not limited to, loss or damage You might suffer as a result of:

7.4.1. personal injury or property damage of any nature resulting from Your access to, and use of, the Website and any purchases of goods and/or services acquired through the Website;

7.4.2. errors, mistakes or inaccuracies on the Website;

7.4.3. You acting, or failing to act, on any information contained on or referred to on the Website and/or any linked site;

7.4.4. defamatory, harmful, offensive or unlawful conduct of any user of the Website;

7.4.5. any unauthorized access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

7.4.6. any interruption or cessation of transmission to or from the Website;

7.4.7. any malicious code, viruses or communications which may be transmitted to or through the Website by any third party; and/or

7.4.8. failures in relation to the merchantability or fitness for any purpose of any goods and/or services offered or provided on any linked sites.

7.5 Equiem takes reasonable efforts to monitor orders and ensure they are provided accurately and successfully to providers, provide a high quality internet portal experience for users, and select reputable, consistent and high quality providers. However, except if and to the extent only required by law, we do not warrant to You, endorse, guarantee or assume responsibility for any goods and/or services advertised, offered by or acquired from a third party through the Website or any linked site or featured in any advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of goods and /or services.

7.6 Where any law implies a warranty under this Agreement that cannot be lawfully excluded or waived, then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for pursuant to such law. To the extent permissible, our liability will not exceed the price paid to Equiem by You in relation to the goods and/or services in question.

7.7 It shall be Your responsibility to make all necessary inquiries and take any action you consider necessary if you require insurance or require the service provider to be insured or to have insurance coverage that covers you in respect of the provision of their goods and/or services, prior to proceeding with any booking or services.

8.0 Liability and Indemnity

8.1 You agree to indemnify and hold Equiem and/or the Building Owners and their employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Equiem and/or the Building Owners arising out of any breach by you of this Agreement or other liabilities arising out of your use of the Website.

8.2 To the maximum extent allowed by law, Equiem shall have no liability for issue of refunds in relation to the goods and/or services supplied or to be supplied under this Agreement. If Equiem is liable, its liability shall be limited to the provision of the minimum remedies required at law. Equiem shall have no liability (including for loss or damage, whether direct or indirect) for any act, omission or default, whether negligent or otherwise of any provider of goods and/or services in connection with the Website. If Equiem’s liability cannot be excluded, and to the extent permissible at law, such liability is limited to the value of the transaction or the minimum remedies required at law.

9.0 Information Displayed on the Website

9.1 Information about goods and/or services promoted on the Website, is based on material provided by the providers and product manufacturers of these goods and/or services and Equiem in good faith relies upon the information supplied to it by providers and does not independently check the accuracy of the information supplied.

9.2 You understand and agree that except to the extent required by law, Equiem shall have no liability in respect of errors or omissions caused by incorrect or inadequate information supplied by providers or manufacturers. You agree to make your own inquiries to verify information provided about the goods and/or services promoted on the Website and to assess the suitability of these goods and/or services before you purchase through the Website. Your participation in any provision of goods and/or services offered by a provider is conditional upon your acceptance of the provider's terms and conditions as notified at the time of the transaction.

9.3 You agree and acknowledge that:

9.3.1. goods and/or services may be limited in terms of delivery and availability;

9.3.2. where providers offer services on the basis of 'sessions' or otherwise on time basis the advertised duration may be indicative and approximate;

9.3.3. the providers of some goods and/or services may impose conditions. It is your responsibility to obtain details of any restrictions that may apply from the provider prior to confirming any booking and confirm that you are able to comply;

9.3.4. photographs appearing on our website to illustrate details of offers of providers are generally those made available to us by providers. They are intended to be indicative only of the services, venues and locations at which services are offered by providers;

9.3.5. a representation on the website that services will be available over a range of dates does not preclude You from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;

9.3.6. restaurant menus advertised on the website are indicative only and subject to change without notice; and

9.3.7. where providers offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments) you agree that these may need to be scheduled at intervals to be determined in consultation with the provider, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.

10. Content

10.1 You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("Content") posted on, transmitted through or linked from the Website are the sole responsibility of the person from whom such Content originated.

10.2 You understand that we do not control and are not responsible for Content made available through the Website unless it originates from us. Consequently, by using the Website you may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we shall have no liability for any such Content.

10.3 To make any Content contribution, view Content or enter into any transaction in relation to this Website, You must register to become a registered user.

10.4 As a registered user, You agree that You are responsible for any Content submitted, posted or made available through the Website via Your account and you must not post Content, or allow Content to be posted, through Your account that:

10.4.1. You do not have the right to post;

10.4.2. is defamatory or in contempt of any legal or other proceedings;

10.4.3. is misleading or deceptive;

10.4.4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality, sexual orientation or ethnic or national origins;

10.4.5. denounces religious or political beliefs;

10.4.6. includes religious or political material which is or is likely to be offensive;

10.4.7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;

10.4.8. infringes any intellectual property right of another person;

10.4.9. contains any unsolicited or unauthorised advertising or promotional material;

10.4.10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or

10.4.11. impersonates any person or misrepresents your relationship with any person.

10.5 Equiem reserves the right, in its absolute discretion, to pre-screen, refuse or remove any Content from the Website without giving any reasons.

10.6 You understand and agree that we may retain server and backup copies of your submitted Content even if You have altered, removed or deleted Your content from public display.

11. Intellectual Property, Confidentiality and Privacy

11.1 We reserve all intellectual property rights, including but not limited to, copyright and trademark in material and/or services provided by us. Nothing in this Agreement gives You a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.

11.2 Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.

11.3 By contributing Content to the Website in circumstances where it is reasonable from the context of your communication to expect that You intend the correspondence or communication to be made accessible to other users of the Website, then you hereby grant, and you represent and warrant to Equiem that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display and distribute the content and to prepare derivative works of the Content or incorporate the Content into other works in order to publish and promote such Content.  You acknowledge and agree that any feedback, comments or suggestions you may provide to us regarding the Website (collectively, the “Feedback”) will be the sole and exclusive property of Equiem and you hereby irrevocably transfer and assign to Equiem all of your right, title, and interest in and to any and all Feedback.

11.4 All copyright, trade marks and all other intellectual property rights in the Website and its Content (including without limitation the Website design, text, graphics and all software and source code connected with the Website) are owned by or licensed to Equiem or otherwise used by Equiem as permitted by law. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Equiem or respective copyright holder (which excludes downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only).

11.5 If Equiem collects personal information, it is normal practice to collect this information directly from You through the user registration process and when you place an order. Personal information may include your name, address, telephone number and email address.  Collection and storage of any personal information is governed by our Privacy Policy located at https://110west40community.com/.

11.6 Equiem does not make any warranty in relation to the security or privacy policies of any third parties involved with the Website in any way, including payment gateway providers.

11.7 Our server may log (and we may have access to) details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.

11.8 With the exception noted in clause 11.10, Equiem only uses Your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your user account, any orders you place and (where you have opted in to receive it) information generally about Equiem. You may request Equiem to remove your personal information from our database by sending us an email or by writing to us at the address listed below.

11.9 We do not provide information about You to government agencies, organizations or anyone else unless one of the following applies:

11.9.1. You have consented;

11.9.2. You would expect us to;

11.9.3. it is required or authorized by law;

11.9.4. it will prevent or lessen a serious and imminent threat to somebody's life or health; or

11.9.5. the disclosure is reasonably necessary for law enforcement.

You hereby consent to the transfer of personal information in these circumstances.

11.10 In limited circumstances we may aggregate Data in relation to Your membership and use of the Website, and provide such aggregate Data to third parties for market research and other legitimate business purposes. No personally identifiable information will be disclosed. You hereby consent to the use of Your information as part of aggregate Data.

11.11 If you believe that any material provided on or through the Website, including through a link, infringes Your copyright, You should notify us of Your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws.  A notification of claimed copyright infringement should be emailed to contact@equiem.com.au with a subject line: “DMCA Takedown Request”. The notification must contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website that is reasonably sufficient to enable Equiem to identify and locate the material; (iv) your contact information, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

12. Terms & Conditions of Entry to Competitions

12.1. By entering competitions or giveaways (“Competitions”) on the Website, entrants accept these Terms & Conditions of Entry as part of the Agreement. Information on prizes and how to enter Competitions, and associated information about the competition (the “Related Information”), form part of the Terms & Conditions of Entry.

12.2 Entry to a Competition on the Website is open only to users registered on the Website, excluding employees of Equiem. Unless otherwise specified, only one entry is allowed for each registered user.

12.3 Entries close on the specified date of each Competition. An entrant to be awarded a prize in a Competition (a “Winner”) will randomly be chosen by Equiem unless another method of determining the Winner is specified in the Related Information.

12.4 A Winner will be selected on the date specified in the Related Information and will need to pick their prize up from Equiem’s office. Each Winner will be notified within 5 business days of selection.  Each Winner agrees that its photo and the first name may be published on the Website.

12.5 These Terms & Conditions of Entry are subject to change and Equiem has complete discretion to determine the outcome of any dispute in relation to a Competition that may arise. In the event of a discrepancy, the Related Information takes precedence over these Terms & Conditions of Entry.

12.6 If any prize is unavailable, for whatever reason, Equiem reserves the right to substitute the prize for an alternative prize of equal or greater value. Prizes are not redeemable for cash, credit or product and no exchanges are offered.

12.7 If for any reason a Winner does not collect their prize or an element of the prize by the time stipulated by Equiem, then the prize or that element of the prize will be forfeited.

12.8 Equiem shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury, property damage or other loss suffered or sustained in connection with the prize except for any liability which cannot be excluded by law.

12.9 Equiem and/or a provider of goods and/or services through the Website may issue codes which provide a discount to users when purchasing goods and/or Services through the Website (“Coupons”). By using a Coupon users accept these Terms and Conditions for Use of Coupons as part of the Agreement.

12.10 Any information printed on a Coupon (if provided in physical format) or included in any communication at the time of providing the Coupon to the user form part of the Terms and Conditions for Use of Coupons.

12.11 Equiem may at its absolute discretion determine whether or not to honor the discount stated on a Coupon. Equiem is not liable to the user or any other person if it fails to honor the discount stated on the Coupon.

13. Miscellaneous

13.1 If any part of this Agreement is invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then it shall be severed and the remaining parts shall survive and remain in full force and effect and continue to be binding and enforceable. In the instance where additional conditions relating to a specific product or service are provided at time of purchase, such condition shall take precedence over the terms of this Agreement.

13.2 If we merge, sell or otherwise change control of our business or this website to a third party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

13.3 Neither party is liable for a cause beyond its reasonable control, provided each has made all commercially reasonable efforts to mitigate the effects of that cause.

13.4 Both parties must engage in a professional dispute resolution process to resolve any disputes prior to the issuing of proceedings.

13.5 This Agreement is governed by the laws of the State of New York excluding choice of law principles, and both parties submit to the exclusive jurisdiction of these courts.

13.6 Arbitration clause and class action waiver - please review carefully as the provisions below affect your legal rights.

You agree that any and all controversies, claims, or disputes with Equiem (whether or not such dispute involves a third party) arising out of, relating to, or resulting from this agreement, your use of the website and related services, shall be subject to binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes (the “Rules”).  You and Equiem hereby expressly waive any right to a trial by jury.  I further understand that this agreement to arbitrate also applies to any disputes that the company may have with me.

You agree that any arbitration will be administered by the American Arbitration Association (“AAA”) and that the neutral arbitrator will be selected in a manner consistent with the rules.  You agree that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing.  You also agree that the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law.  You agree that the arbitrator shall administer and conduct any arbitration in a manner consistent with the rules.  You agree that the decision of the arbitrator shall be in writing.

Except as provided by the rules and this agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between you and Equiem.  Accordingly, except as provided for by the rules and this agreement, neither you nor Equiem will be permitted to pursue court action regarding claims that are subject to arbitration.  Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful company policy, and the arbitrator shall not order or require Equiem to adopt a policy not otherwise required by law which Equiem has not adopted. 

In addition to the right to petition the court for provisional relief, you agree that any party may also petition the court for injunctive relief.  In the event either party seeks injunctive relief, the prevailing party shall be entitled to recover reasonable costs and attorneys fees.

You may bring claims only on your own behalf, and neither you nor Equiem will participate as a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.  You hereby give up your right to participate as a class representative or class member on any class claim you may have against Equiem including any right to class arbitration or any consolidation of individual arbitrations. 

You acknowledge and agree that you accept this agreement voluntarily and without any duress or undue influence by Equiem or anyone else. You further acknowledge and agree that you have carefully read this agreement and that you have asked any questions needed for you to understand the terms, consequences and binding effect of this agreement and fully understand it, including that you are waiving your right to a jury trial and giving up your right to participate as a class representative or class member on any class claim you may have against Equiem.  Finally, you agree that you have been provided an opportunity to seek the advice of an attorney of your choice before accepting the terms  and provisions of this agreement.

 (b) You have the right to opt-out and not be bound by the arbitration provisions set forth in this sections by sending written notice of your decision to opt-out to the following address: Equiem USA LLC, 150 Greenwich Street, 4 WTC, 29th Floor, New York, NY 10007-2366, or by email to contact@equiem.com.au.  The opt-out notice must be sent within thirty (30) days of commencing use of the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this clause 13.6.  If you opt-out of these arbitration provisions, Equiem also will not be bound by them.

Contacting Equiem

If you have any questions about this Agreement or the Website, please contact Equiem:

Email: contact@equiem.com.au

Phone:  1 888 204 6264 (Monday-Friday, 9:00 am - 5:00 pm EST)