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Terms of use

Effective

Jun 14, 2024

Welcome to Ergtopia! We encourage you to take advantage of the content and features available on ergtopia.com (the “Site”) as well as any other related products and services that we own and offer (collectively, the “Services”). 


Please read these non-negotiable terms of use (“Terms of Use”) carefully before using the Services. By continuing to use the Services, you, whether personally or on behalf of an entity (“you”), agree to be bound by these Terms of Use.


If you purchase services from Ergtopia, the terms of use for such services will be set forth in a separate sales agreement between you and Ergtopia. These Terms of Use will not in any way change or limit your rights and obligations under your Ergtopia sales agreement.


If you have not yet purchased services from Ergtopia or are not already an Ergtopia partner, we invite you to contact us or explore partnership benefits to learn more about the value Ergtopia can provide. 



TABLE OF CONTENTS




OUR SERVICES


The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA). 



INTELLECTUAL PROPERTY RIGHTS


Our intellectual property  

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).


Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. 


The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only. 


Your use of our Services

Subject to your compliance with these Terms of Use, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:


  • access the services; and

  • download or print a copy of any portion of the Content to which you have properly gained access


solely for your internal business purpose. 


Except as set out in this section or elsewhere in our Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for an commercial purpose whatsoever, without our express prior written permission. 


If you wish to make use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms of Use, please address your request to copyright@ergtopia.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible in posting, reproducing, or displaying our Content. 


We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. 


Any breach of these Intellectual Property Rights will constitute a material breach of our Terms of Use and your right to use our Services will terminate immediately. 


Copyright infringement 

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)” or “DIGITAL SERVICES ACT (DSA) (for EU users)” section below. 



USER REPRESENTATIONS


By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information if necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are at least 18 years of age and not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services or any illegal or unauthorized purpose; and (7) your use of the Service will not violate any applicable law or regulation. 


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 



PROHIBITED ACTIVITIES


You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed and approved by us.


As a user of the Service, you agree not to (i) violate the security of the Site nor attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password timing or any other means; (ii) take nor attempt any action that, in the sole discretion of Ergtopia, imposes or may impose an unreasonable or disproportionately large burden on the Site or its infrastructure; (iii) use nor attempt to use any scraper, robot, bot, spider, data mining, computer code, or any other automated device, program, tool, algorithm, process or methodology to access, index, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site without the prior written consent of Ergtopia; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content; (v) use nor attempt to use any data or content found on or accessed through the Site as input into or for the training or development of generative artificial intelligence, machine learning, algorithms, software, or related technologies, to create any derivative works, compilations or collective works, or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right, or that allows any third parties to access, use or benefit from our proprietary intellectual property in any way.



THIRD-PARTY WEBSITES AND CONTENT


The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Website accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content. Inclusion of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by Ergtopia. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold Ergtopia blameless from any harm caused by your purchase of such products or services. 



SERVICES MANAGEMENT


We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. 



PRIVACY POLICY


We care about data privacy and security. Before using our Services, please take time to review our Privacy Policy and Cookie Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Services are hosted in the United States, Israel, Ireland, and Japan. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, Israel, Ireland, or Japan, then through your continued use of the Services you are transferring your data to the United States, Israel, Ireland, and Japan, and you expressly consent to have your data transferred to and possessed in the United States, Israel, Ireland, and Japan.



DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)


We respect the intellectual property rights of others and will not tolerate infringing activity on our Services. If you are a copyright owner or agent, and you believe your rights under applicable copyright laws are being infringed by us or another person or entity using our Services, you may submit to our Designated Copyright Agent (copyright@ergtopia.com) a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. § 512), which includes the following information:


  • A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

  • Identification of the work or material being infringed, or, if multiple works are covered by a single notification, a representative list of such works;

  • Your contact information, including phone number and email address at which you may be contacted;

  • Your good faith statement that the use of the work or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.


We reserve the right to seek damages from any person who knowingly, materially submits a DMCA notification claim under this section in violation of the law.



DIGITAL SERVICES ACT (DSA) (for EU users)


The DSA sets out rules for digital service providers in the European Union (EU) to ensure a safe and trusted online environment for our website users. More information about the DSA can be found here. We are committed to complying with the DSA by actively managing and monitoring content and activities on our site(s) and supporting the rights of our users in the EU.


Should you encounter content or activities on our site(s) which you believe to be illegal, in breach of our Terms of Use or guidelines, or violate the rights and safety of others, we encourage you to report this to us immediately, by contacting copyright@ergtopia.com.


When reporting such content or activities to us, please include the following information in your email:


  • The subject line of your email should begin with the words "DSA Notice";

  • A detailed description of the illegal or non-compliant content or activity along with its specific location on our site, including the URL or a screenshot of the content; and

  • Your contact details so we can follow up with you, as necessary.



CHANGES OR UPDATES TO THE SITE


Ergtopia reserves the right to change, update or discontinue any aspect of this Services at any time without notice. Your continued use of the Services after any such change constitutes your agreement to these Terms of Use, as modified.



TERM AND TERMINATION


In accessing and using the Services, you agree to comply with these Terms of Use and all applicable laws and regulations, and agree not to take any action that would compromise the security or viability of our Services. We may, in our sole discretion, terminate access to the Services at any time and for any reason. These Terms of Use shall remain in full force and effect while you use the Services.



DISCLAIMER OF WARRANTIES


Ergtopia does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Services. Although we take reasonable steps to screen this Site for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties, we cannot guarantee that it will be free of infection, code vulnerabilities, or that it will be available at any particular time or location.



LIMITATION OF LIABILITY


In no event will Ergtopia be liable for: (a) damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits Limitation of Liability: business interruption and loss of programs or information) arising out of the use of or inability to use the Services, or any information provided on this Site, or (b) any claim attributable to errors, omissions or other inaccuracies in the information provided on this Site.



INDEMNIFICATION


User agrees to indemnify, defend and hold harmless Ergtopia, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of User's use/misuse of the Services.



GOVERNING LAW


These Terms of Use and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of Ohio, without regard to its conflicts of law principles. You consent to the jurisdiction of the courts of the state of Ohio.


Have questions? Contact us.

For information regarding privacy, please contact privacy@ergtopia.com.

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