The Site is operated by Equivity, Inc. (together with any subsidiaries, affiliates, employees, and agents and their respective successors and assigns, “Equivity” or “we”). Here, any user (“you”) can open an account (an “Account”) and have an assistant (a “Virtual Assistant”) assigned to you, to help you with certain administrative and marketing projects, and, if you are a licensed attorney, paralegal projects. These projects may include helping you find and engage third parties (“Service Providers”) to perform certain services such as sending mail and packages, providing marketing and bookkeeping software, or providing transportation. Both assistance directly provided by Virtual Assistants and Service Providers will be referred to here as the “Services.” The Services include:
1. Document formatting and proofing
2. Data entry
4. Contact list organization and management
5. Internet and public database research
6. Calendar management
7. Meeting scheduling and coordination
8. Drafting emails and correspondence
9. Share drive organization
10. Preparing requests for reimbursement
11. Making travel arrangements, including airfare, hotels, and rental cars
12. Preparing invoices
13. Researching and purchasing client gifts and preparing thank you notes
14. Researching events and activities
15. Project management
16. Blog Writing
17. Configuration of and reporting via Google Analytics
18. Website design, management, and content creation
19. Video editing
20. Social media marketing
21. Search engine optimization (SEO)
22. Graphic Design
23. Google Ads/PPC Ads
24. Email marketing
25. Proofreading and editing
26. Creating and managing pay-per-click advertising campaigns
27. CRM/Contact Database Management
Services provided by paralegals that can be performed under the supervision of a licensed attorney include:
1. Preparing document production
2. Preparing and responding to discovery requests
3. Managing case files
4. Cite checking
5. Preparing medical record summaries
6. Assisting with real estate closings
7. Drafting and redlining contracts
8. Assisting in preparing for trial
9. Preparing pleadings
10. Preparing and filing corporate formation documents
11. Preparing corporate governance documents
12. e-filing pleadings
13. Preparing drafts of bankruptcy petitions and related schedules
14. Drafting plans of reorganization and monitoring payment plans
15. Discovery document collection and organization, including the ordering of medical records and police reports
16. Preparing demand packages
17. Drafting estate planning documents
18. Preparing and filing probate documents
19. Preparing lease agreements for commercial and residential leases
20. Performing lien searches
21. Preparing applications for citizenship and visas
Equivity works on a subscription basis in increments of days set forth on the Site (each, a “Subscription Period”). Subscription Periods may be thirty (30) days, three-hundred sixty-five (365) days, or another period of time set forth in writing on the Site. You subscribe to a plan (your “Subscription”) that entitles you to a Virtual Assistant’s services for a set number of hours during each Subscription Period (“Service Hours”). Examples of Equivity’s plans include plans of 5 hours per month, 10 hours per month, 15 hours per month, 30 hours per month, and 50 hours per month.
1. The fee for your subscription (your “Subscription Fee”) is based on the number of Service Hours you are entitled to receive from your Virtual Assistant during each Subscription Period.
2. You will pay your Subscription Fee by giving us a credit card, which will be your “Card on File.” You may change the Card on File at any time through your Account.
3. When you ask for Services, you submit a “Service Request” by contacting your Virtual Assistant (see section below called “Contacting Your Virtual Assistant”). While our Virtual Assistants can fulfill many Service Requests by themselves, some Service Requests may require the assistance of a Service Provider. For example, a Virtual Assistant may schedule a package for pick up and mailing with the assistance of a courier. As another example, the Virtual Assistant may provide bookkeeping assistance, but require access to bookkeeping software offered by a Service Provider. In these examples, the courier may charge a fee for shipping the package and the software provider may charge a monthly fee for using the software. Fees that Service Providers charge for their services are “Service Provider Fees.” Service Provider Fees are separate from and in addition to your Subscription Fee. (See section below called “Service Provider Fees.”)
ELIGIBILITY FOR SERVICES
1. You must be at least 18 (eighteen) years old in order to open an Account and have Services provided to you. If you open an Account and we determine that you are not eighteen years old, we may terminate your Account immediately.
TERM, RENEWAL, AND TERMINATION
1. Once you have opened an Account, chosen your Subscription, and provided a Card on File to pay your Subscription Fee, and your Card on File has cleared through our credit-card processor, we will notify you and assign you a Virtual Assistant and your Subscription will start to run.
3. If you want to terminate your Subscription, you must notify us by emailing your “Client Experience Manager” or Virtual Assistant. A Client Experience Manager is an Equivity representative who will periodically check in with you to assess your satisfaction with Equivity’s Services and serve as the main contact for any issues that arise from the Services. If you have not been assigned a Client Experience Manager, you may terminate the service by emailing firstname.lastname@example.org.
4. If you do terminate your Subscription, the termination will be effective on the last day of the Subscription Period during which you gave us notice of your wish to terminate your Subscription. Until then, if you have Service Hours left for that Subscription Period, you may continue to use the Services until the end of that Subscription Period.
CHANGES TO YOUR VIRTUAL ASSISTANT ASSIGNMENT
1. Equivity cannot guarantee that you will be assigned the same Virtual Assistant for the entirety of any Subscription Period. For example, if a Virtual Assistant terminates their employment with Equivity during a Subscription Period, Equivity may assign a different Virtual Assistant to your account. Equivity, in its sole discretion, may change the Virtual Assistant assigned to your account at any time.
CONTACTING YOUR VIRTUAL ASSISTANT
1. Once we have assigned you a Virtual Assistant, we will send you an e-mail with your Virtual Assistant’s contact information. You may submit requests to your Virtual Assistant using the Virtual Assistant’s contact information or through a request made via the Site.
CONSENT TO E-MAIL AND PHONE COMMUNICATIONS
1. You consent to receive e-mails at the e-mail address you provide to us in your Account (i) from your Virtual Assistant about your Service Requests, arrangements for Services, and the performance of and payment for Services, (ii) from Service Providers whom we recommend to you for the purpose of having them provide Services to you that you have requested with respect to arrangements for such Services and the performance of and payment for such Services, and (iii) from us about aspects of the Site and the Services that may be of interest to you.
2. You consent to receive phone calls at the phone number you provide to us in your Account (i) from your Virtual Assistant about your Service Requests, arrangements for Services, and the performance of and payment for Services, and (ii) from Service Providers whom we recommend to you, for the purpose of having them provide Services to you that you have requested and with respect to arrangements for such Services and the performance of and payment for such Services.
CHARGES AND PAYMENT
1. We will charge the Card on File for your Subscription Fee for each new Subscription Period unless and until you notify us in writing that you wish to terminate your Subscription or you change the settings in your Account to change your Subscription.
2. If we change the Subscription Fee for your Subscription, we will notify you through the Site or via the email address stored in your account. If that happens, unless you notify us in writing that you wish to terminate your Subscription (as provided above), we will charge the Card on File, and you will be obligated to pay, the increased Subscription Fee.
Service Provider Fees
1. SERVICE PROVIDER FEES ARE SEPARATE FROM AND IN ADDITION TO YOUR SUBSCRIPTION FEE. You are responsible for all Service Provider Fees that we incur on your behalf in performing the Services.
2. Some Service Providers will require payment of Service Provider Fees in advance. Others will bill you after the Services have been completed.
3. You agree to reimburse Equivity for all Service Provider Fees you authorized, including Service Provider Fees that you authorized before terminating your Subscription, but that come due thereafter.
1. Service Hours are only available during the Subscription Period. If you don’t use all of your Service Hours during a particular Subscription Period, those Service Hours will expire. You cannot carry unused Service Hours over to the next Subscription Period.
2. If you have any good-faith reason not to want to work with a particular Service Provider that Equivity proposes to use, you can request that your Virtual Assistant locate an alternative Service Provider, but the time spent locating the Service Provider that you rejected and the time spent locating a new Service Provider will be charged against your Service Hours for that Subscription Period.
LIMITATION ON SCOPE OF SERVICES
1. Your Virtual Assistant will provide only Services that can be performed remotely.
2. Your Virtual Assistant will not perform any professional services such as legal services, financial services, or tax preparation services. THE SERVICES DO NOT INCLUDE ANY LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL ADVICE OR SERVICES.
3. ANY ADVICE THAT A VIRTUAL ASSISTANT OR ANY OTHER EQUIVITY REPRESENTATIVE MAY OFFER IN THE COURSE OF PROVIDING SERVICES DOES NOT CONSTITUTE AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
4. Equivity will only provide paralegal services where such services are under the supervision of an attorney.
5. Any Services that need to be performed at your home, at some other location, or in person will be performed by Service Providers, who will charge separate Service Provider Fees that they will charge to you directly or that will be billed to Equivity and charged by Equivity to your Card on File.
6. Your Virtual Assistant may not and will not engage or help you engage directly or indirectly in any illegal, fraudulent, or immoral activity or in the pursuit of information about activities that reasonably can be considered illegal, fraudulent or immoral, which includes, without limitation, the infringement of anyone else’s proprietary or personal rights.
7. Your Virtual Assistant may not and will not disclose to you any information about any other user of the Site or the Services.
PROHIBITION ON SOLICITING YOUR VIRTUAL ASSISTANT
1. Equivity owns all rights in and to the Site, including, without limitation, trademark rights in the EQUIVITY name and logo, all copyrights (including, without limitation, all source code), and other rights in the content of Equivity’s that appears on the Site (“Site Content”).
LIMITATIONS ON USE OF THE SITE
1. You may not:
a. Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Site.
b. Transmit to the Site or to your Virtual Assistant any viruses, malware, worms, or any computer code designed to damage, improperly obtain information from, or modify the Site.
c. Transmit to the Site or to your Virtual Assistant any pornographic, obscene, or defamatory material or any material that violates a person’s right to privacy or right of publicity.
INTERACTION AND DISPUTES WITH SERVICE PROVIDERS; RELEASE
1. You are solely responsible for your communication and interaction with any Service Provider. Use your common sense.
2. If there is a dispute between you and any Service Provider, even though your Virtual Assistant may try to help resolve it, Equivity is under no obligation to become involved.
3. You hereby release Equivity, its subsidiaries and affiliates, and their officers, employees, agents, and successors in interest from claims, demands, and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site.
4. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
REPRESENTATIONS AND WARRANTIES
2. DISCLAIMER OF WARRANTIES. THE SITE AND THE SERVICES ARE MADE AVAILABLE TO YOU “AS IS.” TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EQUIVITY EXPRESSLY DISCLAIMS AND DOES NOT MAKE ANY PROMISE, REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (i) ABOUT THE ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS, SAFETY, OR RELIABILITY OF ANY INFORMATION, SERVICES OR GOODS THAT ANY VIRTUAL ASSISTANT OR ANY SERVICE PROVIDER MAY PROVIDE; (ii) ABOUT THE SAFETY OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICES PROVIDED OR GOODS PROCURED BY OR THROUGH ANY VIRTUAL ASSISTANT OR ANY SERVICE PROVIDER; (iii) THAT ANY SERVICES PROVIDED OR GOODS PROCURED WILL NOT INFRINGE THE COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY OR INFRINGE ANY THIRD PARTY’S RIGHT OF PRIVACY OR PUBLICITY; (iv) ABOUT THE PRIVACY OR SECURITY PRACTICES OR SYSTEMS OF ANY SERVICE PROVIDER; OR (v) THAT THERE IS NO LOWER OR BETTER PRICE OR DEAL FOR ANY SERVICES PROVIDED OR GOODS PROCURED THROUGH ANY VIRTUAL ASSISTANT OR ANY SERVICE PROVIDER. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL EQUIVITY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF EQUIVITY OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, ANY VIRTUAL ASSISTANT, OR ANY SERVICES, WHETHER THE DAMAGES ARISE FROM (i) USE OR MISUSE OF THE SITE OR SERVICES, (ii) YOUR INABILITY TO USE THE SITE OR SERVICES, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICES, (iv) ANY INFORMATION, SERVICES OR PRODUCTS YOU RECEIVE OR USE THROUGH THE SITE, THROUGH YOUR INTERACTION WITH ANY VIRTUAL ASSISTANT OR ANY SERVICE PROVIDER, OR AS A RESULT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, SERVICES OR PRODUCTS THAT MAY BE PROVIDED TO YOU BY ANY SERVICE PROVIDER, (v) A SERVICE PROVIDER’S FAILURE TO PROVIDE ADEQUATE PRIVACY OR SECURITY WITH RESPECT TO YOUR CREDIT CARD OR OTHER PERSONALLY IDENTIFYING INFORMATION, (vi) THE ACTION OR FAILURE TO ACT OF ANY VIRTUAL ASSISTANT, EQUIVITY REPRESENTATIVE, OR SERVICE PROVIDER, OR (vii) ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
COPYRIGHT PROTECTION POLICY
1. If you believe that any content that you own has been posted on the Site without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached as follows: email@example.com.
GOVERNING LAW, JURISDICTION, AND TIME LIMIT ON CLAIMS
CHANGES TO TERMS
What Kinds of Personally Identifying Information Do We Collect on the Site?
When you open an Account, we first ask you for your name, e-mail address, phone number, how you heard about us, and your preferred contact method. Then you will be directed to the billing page, where you will be asked for your name and e-mail address and your credit-card information.
We use Authorize.net and Stripe.com as our payment gateway service providers. Authorize.net and Stripe.com are PCI DSS-compliant and utilize Secure Sockets Layer (SSL), among other technology, to secure data.
As you request Services, we may collect information that is not technically “personally identifying information” but that could be combined with your personally identifying information to identify you as a customer. For example, if you ask us to book a flight using your frequent flier miles, the records for your request may include your frequent flier account number. We will keep the information used to book the flight together with your personally identifying information, in case you ask us to provide that Service again.
If you respond to an e-mail about a discount or a promotion (see below), you may be asked to provide additional personally identifying information in your response.
How Do We Use the Personally Identifying Information That We Collect on the Site?
We will use your e-mail address to notify you that we are assigning you a Virtual Assistant, to confirm that we have received a Service Request, to confirm that we have received a cancellation of a Service Request, to inform you about the number of Service Hours remaining in your Subscription Period, to confirm that your Subscription has been updated, and to contact you in the course of providing Services or arranging to have Services provided to you. Your Virtual Assistant may use your phone number to respond to a Service Request, confirm that we have received a cancellation of a Service Request, and to contact you in the course of providing Services or arranging to have Services provided to you.
We will use your Card on File to charge your payment for your Subscription, as described below.
Whenever you submit a Service Request, your Virtual Assistant will use your name, e-mail and whatever other personally identifying information is relevant to record your Service Request in our jobs database. For example, if you ask to have your Virtual Assistant book a flight for you using frequent flier miles, your Virtual Assistant may fill out a Service Request form that includes your name and your frequent flier account number.
Your Virtual Assistant will provide any Service Provider that is going to provide Services to you with your name and whatever personally identifying information is necessary for that Service Provider to provide the Services and to get in touch with you if that is necessary to provide the Services. For example, if you are having someone book an airline flight using your frequent flier miles, your Virtual Assistant may give your name, address, phone number, and frequent flier account number to the Service Provider who is going to do that for you. If you ask your Virtual Assistant to make a car rental reservation for you, your Virtual Assistant may provide the car rental agency with your name, address, and whatever other personally identifying information the car rental agency requires.
We may use your e-mail address and your street address to send you e-mails or mailings about available discounts on Services and to suggest other Services that might be useful to you. You are always free to opt out of receiving promotional e-mails or mailings. To opt out of receiving e-mails or mailings, please click on the opt-out link on the email.
With Whom Do We Share the Personally Identifying Information That We Collect on the Site?
We will share your personally identifying information with agencies, organizations and individuals with whom your Virtual Assistant makes requested arrangements on your behalf, such as, but not limited to, car rental agencies, travel agencies, and hotels. (We also will share with them any credit card information you provide to us for the purpose of making such arrangements.)
We will share with Service Providers whom your Virtual Assistant engages on your behalf whatever personally identifying information they need to know to provide those Services to you (as well as any credit card information you may give us to pay for such Services).
If Equivity assigns or otherwise transfers the operations of the Site that relates to your personally identifying information, Equivity will transfer your personally identifying information to the successor entity.
If Equivity is required to disclose your personally identifying information by any applicable law, court order, or government regulation, that company will comply with such law, court order, or regulation.
If you are a California resident, and you want to find out the names of any information brokers or any other third parties with whom we share your personally identifying information under California Privacy (Cal. Bus. & Prof. Code § 22575 et seq. (“Cal-OPPA”)), send a request to:
Equivity, Inc. 548 Market St. #80118 San Francisco, CA 94104-5401
Within thirty (30) days, we will provide you with that information. (We are obligated to tell you this even though we do not share your information with any third parties other than Service Providers.)
What Other Kinds of Identifying Information is Collected When You Use the Site
The Site also automatically collects aggregated information, demographic information and any other information that does not reveal your specific identity but that relates to your use of the Site. This kind of information is “passively” collected from you through browser navigational tools, such as cookies and pixel tags. These types of technologies enable the Site to compile statistics about our daily number of site visitors or specific page requests, while not identifying you personally, other than by your IP address, which is the Internet Protocol address of the computer that you use to access the Site.
A cookie is a small data file that a web site transfers to a user’s hard drive when a user visits the web site. A cookie file can contain information such as a unique ID that the site uses to track the pages visited and is a standard method of registering website user preferences. These preferences are stored in a file on your computer’s hard disk drive.
Cookies make it easier for you to use the Site by enabling you to access your information when you “sign in” to your account, to make purchases and move uninterrupted between site areas.
We use “analytical” cookies to recognize and count the number of visitors to the Site and to see how visitors move around the Site when they’re using it. Cookies also allow us to provide you with customized content, keep track of preferences you specify while visiting the Site, conduct general analysis and research, and identify purchases that you make in response to our advertising. This helps us improve the way the Site works, for example, by making sure users find what they need easily.
You can set your browser to accept all cookies, to reject cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. Rejecting a cookie, however, may preclude you from using, or may negatively affect the display or function of, the Site or certain areas or features of the Site. To learn more about cookies, including how to enable cookies, change your browser settings and find and delete cookies on your hard drive, please refer to your web browser’s help menus or visit www.allaboutcookies.org.
We may also use an application known as a “web beacon.” A web beacon is an electronic file that usually consists of a single-pixel image. It can be placed on a web page or in an email to transmit information, which could include personal information. We use a web beacon for Facebook® that allows us to advertise on Facebook to people who have visited the Site. If you are on the Site when the Facebook web beacon is running, and then we run a “like” campaign on Facebook when you are on Facebook, you will see a “Like us” ad for Equivity. We also may use web beacons to assist in tracking and analyzing advertising effectiveness, verify purchases made on the Site, count and recognize site visitors, and personalize your experience.
Can Any Third Party Track Your Use of the Site?
We may also use Google® remarketing codes, which are pieces of code that we would put on pages of the Site. If you visit a page of the Site on which we have put a piece of Google® remarketing code, we can stay engaged with you after you leave the Site by offering you ads that we think will interest you. This kind of advertising is known as targeted advertising. If you do not wish us to send you ads after you leave the Site, you can opt out here.
If you visit the Site from or through a third-party website, such as a shopping comparison site or a site that carries an ad for the Site, that site may monitor your visit to the Site. We suggest you review the privacy and security policies of any website you are on so that you know whether this may happen.
With some browsers, it is possible for a user to activate a “Do Not Track” signal, to indicate that the user does not want to be tracked across the websites that the user visits. The Site does not respond to Do Not Track signals. In other words, if you have activated a Do Not Track signal in your own browser, the Site will not take any action to block tracking by Google or its affiliates of your activity on the Site.
How Can You Manage Your Personally Identifying Information on the Site
You can correct, update or change your personally identifying information under the “My Account” tab of the user interface.
How Do We Protect and Maintain the Integrity of Your Personally Identifying Information on the Site?
No Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from the Site may not be secure. Be careful about sending us any confidential information, and keep your user name and password secure. Do not send Equivity your credit card information via email.
What Do We Do If We Discover That We Have Collected Personally Identifying Information of a Child?
If we discover that someone who has opened an Account is under 18, we will immediately delete that person’s Account in its entirety and advise that person that we have done so.
How Will You Know If This Policy Has Changed?