2. Agreement to this Policy; Future Changes to this Policy. By accessing, visiting and/or using this website, you, the visitor, acknowledge that you have read, understand and agree to be bound by this Policy. If you do not agree to be bound by this Policy, do not use this website. Aequitas reserves the right to change this Policy at any time by posting an updated copy of this Policy on this website. You will be bound by those changes if you visit this website after those changes have been posted. The date this Policy was last modified is identified at the end of this Policy. Please check this Policy periodically for changes.
3. Personal Information Aequitas Collects. Aequitas collects the following information from and about visitors to this website:
3.1 Information That You Provide. We and our service providers receive information that you provide when you access this website. That information is collected when you create an account on, or report a problem with, this website. We also keep the correspondence you send us.
3.2 Visits; IP Addresses. Our servers track information about the number of visitors to this website and their viewing behavior. We collect information about your visits to this website including, if available, the date and time you access this website, your unique IP address, the internet address of the website from which you linked directly to this website, your operating system and browser type, the pages you view and how long you view them, other traffic data, and your browser and plug-in configurations. We use this information to administer this website.
4. Where Aequitas Stores Your Information. When we receive your information, we will use security processes and procedures consistent with industry standards. We will do our best to prevent unauthorized access to, or use of, that information. For example, we store information that we collect from this website on secure servers in physically secure facilities. We restrict access to nonpublic personal information about you to those who need to know that information to provide products or services to you. We also maintain physical, electronic/technological, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information; however, no system is completely secure; therefore, your use of, and the transmission of data to, this website are at your own risk.
5. Disclosure of Your Information. We may disclose your information to our subsidiaries and other affiliated companies. We may also disclose your information to unrelated persons in the following circumstances:
5.1 Investigations. We may disclose your information to unrelated persons in the investigation of any actual or suspected: (a) breach of this Policy or our Website Terms and Conditions, (b) illegal activity, (c) fraud, (d) intellectual property infringement, or (e) threats of violence or other harm.
5.2 To Provide Services to You. We may disclose your information to unrelated persons as necessary to provide any services that you have requested.
5.3 Third Parties who provide services to us. We may disclose your information to unrelated persons as necessary for our third party service providers to provide services to us. For example, we may engage other companies to host, operate and maintain this website, to analyze data, provide marketing assistance, perform inventories or assessments, and provide other services. In those situations, we will provide them access only to the personal information they need in order to do their jobs and only if they have agreed in writing not to use your information for any other purpose and not to disclose your information to anyone outside of their organizations other than as required by law. Aequitas cannot, however, guaranty that those companies will protect your personal information to the same extent described in this Policy.
5.4 Merger and Acquisition Activity. We may disclose your information to prospective investors in, or buyers of, Aequitas in connection their due diligence and/or ultimate investment or acquisition (and in the case of an acquisition, your information will be one of the assets transferred).
5.5 Other Cases. We may disclose your information if we in good-faith believe we are required to do so: (a) to comply with applicable law, including court orders, subpoenas, statutes and regulations; (b) to protect and defend Aequitas' rights or property; and/or (c) in an emergency to protect the personal safety of Aequitas' clients, visitors or the public.
5.6 With Your Permission. We may disclose your information to unrelated persons when you have given us permission to do so.
6. Aequitas' Use of Your Information.Aequitas uses information about you in order to provide the services described in this website, to improve this website's content, organization, layout and other features, to communicate with you about the products and other offerings we provide to you, and if you do not opt-out, about our other products and the products of others that we believe may be of interest to you. In addition, Aequitas shares customer information with its subsidiaries and affiliates.
6.1 We do not sell your information. Aequitas will not sell your personal information to others except in connection with the sale of all or substantially all of the assets of Aequitas, or the assets related to any part of this website, and in that case that information will continue to be governed by the Policy in effect on the date of the sale.
6.2 Communications with You. From time to time, Aequitas may use your personal information to send email messages to you regarding your account, to respond to any emails or other communications you send to us, and/or to advise you of any problems with this website. In addition, if you are a registered user of this website, we may use a bulk email service to send messages with information about services and events that we believe you may be interested in. You may opt-out of receiving future newsletters and marketing communications from this website by contacting us directly at email@example.com. If you are not a registered user of this website, we will not send bulk emails to you. Except for email message that you send to us, we will not monitor or edit the contents of your email, and we will not disclose your emails except as described above. The content of our emails to you may be tailored to your specific interests based on your registration profile information or website visitor data.
7. Links to Other Websites.When you visit this website, you may have the opportunity to access or link to third party websites. Those websites are beyond our control, and those other websites may not have privacy policies and security protections, or their privacy policies or security protections may not be as protective of your personal information as our policies and protections. Those other websites may send their own cookies to visitors, collect data or solicit personal information. We recommend that you review and understand the privacy policies of the websites you visit, whether you visit those websites directly or through a link from a page on this website.
8. Log-on Information. If you select a user name, password, personal identification number or other log-on information in connection with your use of this website, or any other interaction with this website, you are responsible for keeping that log-on information confidential. Do not share your log-on information with anyone else.
9. Notice. If you have any reason to suspect that your log-on information or any of your other personal information has been compromised, please notify us immediately. In addition, if you have questions about this Policy, please let us know. You may also contact us via email at firstname.lastname@example.org, via first class mail sent to Aequitas Capital Management, Inc., 5300 Meadows, Road, Suite 400, Lake Oswego, Oregon 97035, USA, or by telephoning us at 503-419-3500.
10. Policy Regarding Children. This website is intended for use by adults. Aequitas does not intentionally collect any information about children or minors.
11. GoverningLaw. All disputes relating to information about you, this Policy or any other part of this website will be governed by the laws of the State of Oregon, and to the extent applicable, the federal laws of the United States of America, except that neither their choice of law rules nor the Convention for the International Sale of Goods will apply.
12. Arbitration. Except as expressly provided otherwise in a separate written agreement that has been executed by a duly authorized representative of Aequitas, all disputes (whether in contract, tort or otherwise, whether statutory or common law and whether pre-existing, present or future) against Aequitas or any of its agents, employees, successors and assigns relating to information about you or this Policy (whether in contract, tort or otherwise, whether statutory or common law and whether pre-existing, present or future) will be resolved by binding arbitration administered by the Arbitration Service of Portland, Inc. ("ASP") under its arbitration rules then in effect. You may obtain a copy of those rules by writing to ASP at 620 SW 5th Avenue, Suite 1010, Portland, Oregon 97204, by downloading the rules from ASP's website, www.arbserve.com, or by telephoning ASP at 503-226-3109 or 1-800-423-1216. That arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between Aequitas and you, the user. The arbitration will be conducted in Portland, Oregon, or by telephone or online. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Either you or Aequitas may, without violating this provision, seek from a court any equitable relief that may be necessary to protect the rights or property of that person pending the appointment of an arbitrator (or pending the arbitrator's determination of the merits of the controversy), and in those cases, you irrevocably submit to the jurisdiction of any state or federal court sitting in Portland, Oregon, you waive any objection to jurisdiction and venue in those courts and any claim that forum is inconvenient, and you agree not to initiate any proceeding against Aequitas or any of its agents, employees, successors or assigns in any other jurisdiction.
13. Headings. The section headings used in this Policy are for convenience of reference only, do not affect the construction or interpretation of the text of this Policy, and are not part of this Policy.
14. SeparateAgreements. If any provision of this Policy is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from this Policy and that deletion will not affect in any way the remaining provisions in this Policy.
15. Miscellaneous. This Policy does not extend to anything that is inherent in the operation of the internet, and therefore beyond our control. We use reasonable precautions to keep your personal information secure. However, we are not responsible for the actions of others.
16. EntireAgreement. This Policy reflects the entire agreement between you and Aequitas relating to the subject matter of this Policy. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Aequitas or except as provided in Section 2 (Agreement to this Policy; Future Changes to this Policy).
LAST UPDATED: 3/17/11
Copyright 2011 – Aequitas Capital Management, Inc. All rights reserved.