INTRODUCTION. Welcome to www.equivityva.com These terms and conditions (“Terms of Use”) will govern your use of this site (the “Site”) and your interaction with any Virtual Assistant or Service Provider, both of which terms are defined below.

DEFINED TERMS

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
  1. Data entry
  1. Bookkeeping
  1. Contact list organization and management
  1. Internet and public database research
  1. Calendar management
  1. Meeting scheduling and coordination
  1. Drafting emails and correspondence
  1. Share drive organization
  1. Preparing requests for reimbursement
  1. Making travel arrangements, including airfare, hotels, and rental cars
  1. Preparing invoices
  1. Researching and purchasing client gifts and preparing thank you notes
  1. Researching events and activities
  1. Project management
  1. Blog Writing
  1. Configuration of and reporting via Google Analytics
  1. Website design, management, and content creation
  1. Video editing
  1. Social media marketing
  1. Search engine optimization (SEO)
  1. Graphic Design
  1. Google Ads/PPC Ads
  1. Email marketing
  1. Proofreading and editing
  1. Creating and managing pay-per-click advertising campaigns
  1. CRM/Contact Database Management

Services provided by paralegals that can be performed under the supervision of a licensed attorney include:

  1. Preparing document production
  1. Preparing and responding to discovery requests
  1. Managing case files
  1. Cite checking
  1. Preparing medical record summaries
  1. Assisting with real estate closings
  1. Drafting and redlining contracts
  1. Assisting in preparing for trial
  1. Preparing pleadings
  1. Preparing and filing corporate formation documents
  1. Preparing corporate governance documents
  1. e-filing pleadings
  1. Preparing drafts of bankruptcy petitions and related schedules
  1. Drafting plans of reorganization and monitoring payment plans
  1. Discovery document collection and organization, including the ordering of medical records and police reports
  1. Preparing demand packages
  1. Drafting estate planning documents
  1. Preparing and filing probate documents
  1. Preparing lease agreements for commercial and residential leases
  1. Performing lien searches
  1. 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 plan 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.
  1. 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.
  1. 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.
  1. Your Subscription will automatically renew on the last day of each Subscription Period unless you tell us before that date that you want to terminate your Subscription or unless we terminate your Account as provided in these Terms of Use. Once we have charged your Card on File for a new Subscription Period, we will not issue a refund.
  1. 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 information@equivityva.com.
  1. 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.
  1. We reserve the right, in our sole discretion, to terminate any Account, assist law enforcement in the prosecution of criminal liability, and/or assert a civil or criminal legal action on account of use of the Site or Services that we reasonably believe is or might be in violation of these Terms of Use or any applicable law, order or regulation.

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, you will receive an e-mail from your Virtual Assistant with his or her 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.
  1. 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

Subscription Fees

  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.
  1. 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.
  1. Some Service Providers will require payment of Service Provider Fees in advance. Others will bill you after the Services have been completed.
  1. 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. If you approve a purchase, your Virtual Assistant will use credit card information you provide to pay for any Service Provider Fees.  You may add credit card information, including the name associated with an account, account number, and expiration date for one or more of your credit cards to the Site for use by your Virtual Assistant; your Virtual Assistant will not automatically have access to this information when you sign up for a plan.  To the extent a purchase requires us to provide the CVV code for your Card on File, your Virtual Assistant will need to request the CVV code from you each time a purchase is made as we do not store CVV codes.  You are responsible for providing the CVV code in advance of each purchase made on your behalf.

SERVICE HOURS

  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.
  1. 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.
  1. 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.
  1. 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.
  1. Equivity will only provide paralegal services where such services are under the supervision of an attorney.
  1. 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.
  1. 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.
  1. 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 has made substantial investments in recruiting, training and pairing you with your Virtual Assistant. For this reason, in using our service, you agree that during the time in which you use the Services and for a period of 12 months immediately following the termination of the Services, you will not directly or indirectly retain the services of any Equivity employee who provides Services to you other than by these Terms of Use. Should your solicitation be a substantial factor resulting in the Virtual Assistant leaving Equivity and providing services to you through any other arrangement, you agree to pay Equivity as liquidated damages reasonably calculated to compensate Equivity for its lost investments and not as a penalty of any kind, a one-time fee equivalent to the greater of (a) twelve times the value of Your most recently paid Subscription Fee for a Subscription Period of 30 days; (b) the most recently paid Subscription Fee for a Subscription Period of 1 year; or (c) $11,500.

INTELLECTUAL PROPERTY

  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.
  1. 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.
  1. 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.
  1. 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

  1. You represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms of Use and that all information that you provide in your Account and all information that you provide to your Virtual Assistant in connection with requesting Services will be accurate and complete and will not violate any third party’s rights.
  1. 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.

INDEMNITY

  1. You will indemnify and hold harmless Equivity and its parent, subsidiaries, affiliates, officers, agents, and other partners and employees (the “Equivity Indemnified Parties”) from any losses, liabilities, fees, and expenses, including reasonable attorney’s fees (collectively, “Losses”) that any Equivity Indemnified party may incur as a result of your use of the Site or the Services, including, without limitation, any claim arising from your breach of these Terms of Use and your breach of your representations and warranties set forth above. This obligation will survive termination of this Agreement, which means that even after you stop using the Site, you will still be bound.

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.


CONSENT TO COLLECTION AND USE OF DATA
  1. Our privacy policy, which you can read here, explains what personally identifying information is collected through the Site, how it is used, and who has access to it.

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: ericwall@equivityva.com.

GOVERNING LAW, JURISDICTION, AND TIME LIMIT ON CLAIMS

  1. You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Equivity, either specific or general, in jurisdictions other than California. If you have any dispute with us, the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of San Francisco, California. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

ADDITIONAL TERMS

  1. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the Terms of Use invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

CHANGES TO TERMS

  1. If we change these Terms of Use, we will notify you either by e-mail or by an announcement that will show up on the home page of the Site.  Your Virtual Assistant does not have the authority to modify or amend these Terms of Use.

These Terms of Use were last updated on December 18, 2020.