Welcome to TENACIOUS HOLDINGS, INC.’s (“Tenacious Holdings” or “Ergodyne”) Terms and Conditions of Use Agreement (the “Agreement”). This Agreement describes the terms and conditions applicable to your use of the web site (“Site”).
Copyright, Confidentiality and Use of Contents: The copyrights and other rights to the materials and information on this website are owned by Ergodyne. You are authorized to view, download and reproduce the materials at this website only for your internal use as needed to promote and sell Ergodyne products, provided that you 1) retain all notices contained in the original materials 2) only use images with surrounding text relating to the images, and 3) include the following copyright notice: © Ergodyne. All rights reserved. No further publication or commercial use may be made of the materials and information on this website without the express written permission of Ergodyne.
AS A REGISTERED USER TO THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU ARE AN EMPLOYEE OR OWNER/PRINCIPAL OF AN AUTHORIZED DISTRIBUTOR OF ERGODYNE AND THAT IN SUCH POSITION YOU HAVE ERGODYNE’S AND DISTRIBUTOR’S EXPLICIT AUTHORIZATION TO ACCESS THIS ADDITIONAL INFORMATION WHICH MAY INCLUDE PRODUCT SPECIFICATIONS, PRODUCT PHOTOS, PRICE LISTS, SALES DATA, PRICING, ORDER HISTORY, ETC. ADDITIONAL INFORMATION IS PROVIDED FOR THE SOLE USE OF AUTHORIZED PERSONS AND IS TO BE TREATED AS STRICTLY PROPRIETARY AND CONFIDENTIAL. ANY UNAUTHORIZED REVIEW, USE, DISCLOSURE OR DISTRIBUTION OF THE CONTENTS IS PROHIBITED. IF YOU ARE NOT EXPLICITLY AUTHORIZED BY ERGODYNE OR THE AUTHORIZED DISTRIBUTOR OF ERGODYNE TO VIEW THIS ADDITIONAL INFORMATION, OR YOU ARE NO LONGER EMPLOYED BY THE AUTHORIZED DISTRIBUTOR OF ERGODYNE, YOU MUST IMMEDIATELY 1) LEAVE THIS SITE, 2) CONTACT ERGODYNE AT 651-642-9889 TO REMOVE YOUR AUTHORIZED ACCESS AND 3) DESTROY ALL COPIES OF THE INFORMATION IN YOUR POSSESSION. YOU ACKNOWLEDGE AND AGREE THAT UNAUTHORIZED USE OR DISTRIBTUTION OF ANY OF THE INFORMAITON CONTAINED IN THIS WEBSITE SHALL CAUSE IRREPARABLE INJURY TO ERGODYNE AND SHALL ENTITLE ERGODYNE TO EQUITABLE RELIEF OR REMEDY. THE AGREEMENTS AND REMEDIES PROVIDED HEREIN ARE IN ADDITION TO AND ARE NOT TO BE CONSTRUED AS A REPLACEMENT FOR OR LIMITED BY THE RIGHTS AND REMEDIES OTHERWISE AVAILABLE TO ERGODYNE.
Intellectual Property Rights: Any product, process or technology described in the materials on this website may be the subject of other intellectual property rights reserved by Ergodyne and are not licensed hereunder. Ergodyne trademarks (™) and registered trademarks (®) are the property of Ergodyne and are not to be used without Ergodyne permission. Trademarks of other parties are identified wherever possible and Ergodyne acknowledges their rights.
Disclaimers: THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU "AS IS," FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL ERGODYNE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF ERGODYNE IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The material on this website could contain technical inaccuracies or typographical errors, and information will be changed, updated and deleted without notice. Ergodyne may make improvements and/or changes in the products and/or the programs described in this material at any time. Ergodyne makes no warranties that this website will operate uninterrupted or error free or that any defects will be corrected. Ergodyne does not warrant that this website is compatible with your computer equipment or that this website or its server is free of errors or viruses, worms, etc. and Ergodyne is not liable for any damage you may suffer as a result of such destructive features.
Additionally, Ergodyne makes no representations or warranties about any other website which you may choose to access through this website. Links provided by Ergodyne to such websites are provided solely for your convenience and should not be deemed to imply that Ergodyne endorses those websites or any content therein.
Work Submitted by You and Release of Name and Likeness: Any information that Ergodyne receives through its website, other than your personally identifiable information covered by Ergodyne's Privacy Policy, will be deemed NON-CONFIDENTIAL. If you share your story, photograph or other Work including, but not limited to, text and photographs that you upload to the Site (collectively “Works”), your submission shall be governed by these Terms and Conditions.
You represent and warrant that you have the authority to grant all of the rights you grant herein.
By uploading your Works, you hereby irrevocably grant permission to Ergodyne to use your Work, in whole or in part, on the Site and in print and electronic or any other media now or hereafter known, and to edit, combine with other material and make derivative works of same, in whole or in part, without notifying you and without obligation to you; and (2) you hereby waive any right to inspect or approve the final display or other exploitation of the Work now or in the future, whether that use is known to you or unknown, and to any right to royalties or other compensation arising from or related to the use of the Work.
You represent and warrant that if any minors appear in the Work, you are the parent or duly appointed guardian of such child(ren) or have the irrevocable permission of the parents or duly appointed guardian(s) of such child(ren) to grant the rights set forth herein to Ergodyne on behalf of such minor(s). You are the age of majority in your state of residence (which is typically 18 years of age in most states) and competent to contract in your own name. For purposes of this Work submission release, “Ergodyne” means Tenacious Holdings, Inc. or Ergodyne, Inc. and its parents, subsidiaries, affiliates, successors, assigns and sublicensees.
You hereby grant consent to Ergodyne for the non-exclusive, royalty free, transferrable, right to use your name, picture, likeness, voice, and other elements associated with your persona.
You hereby waive, release, and forever discharge Ergodyne, its current and former affiliates, subsidiaries, related companies, predecessors, directors, officers, members, attorneys, or agents, from any and all losses, damages, costs, actions, suits, complaints, or injuries, whether known or unknown, liquidated or unliquidated, absolute or contingent, that are directly or indirectly related to, caused by, or arise out of Ergodyne’s use of your name, picture, likeness, voice, and other elements associated with your persona. In addition, you agree at all times to hold harmless, indemnify, defend, and forever release and discharge Ergodyne from and against any and all claims, liabilities, actions, or causes of action threatened or asserted against Ergodyne or that could be asserted against Ergodyne arising out of or resulting from Ergodyne’s use of use of your name, picture, likeness, voice, and other elements associated with your persona, or any commenced or threatened action by a third party against Ergodyne arising out of or relating to Ergodyne’s use of use of your name, picture, likeness, voice, and other elements associated with your persona.
Privacy: Ergodyne respects your right to privacy. Ergodyne may collect personally identifiable information (such as name, title, company name, address, telephone number, or e-mail address) that you voluntarily provide through our website or e-mail correspondence. We may collect general information (such as the type of browser you use, the files you request, and the domain name and country from which you request information) to improve our website and better meet your needs. The information you supply will be used by Ergodyne to respond to your inquiries, supply you with requested information on Ergodyne products and services, or track orders you place with Ergodyne. Authorized third parties may be utilized by Ergodyne to collect, track and process such information. If you have submitted personal information to Ergodyne electronically and would like it removed or modified, please contact us. We will use reasonable efforts to comply with your request.
Additional Terms and Conditions: Additional terms and conditions may apply to business conducted or promotions run by Ergodyne on this website. Nothing contained in these Terms of Use is intended to modify or amend any agreement currently in effect between you and Ergodyne. Although these Terms of Use are intended to apply generally to all content located under ergodyne.com, this website may contain other proprietary terms and conditions of use.
Other Important Information: The Ergodyne website may contain links to other sites. We do not endorse or otherwise accept responsibility for the content or privacy policies of those sites. Additionally, some of our web pages may contain "cookies," which are data that may be sent to your web browser and stored on your computer. This allows our server to recognize you when you visit our website in the future. Most web browsers can be configured to not accept cookies, or to notify you if a cookie is sent to you.
It may be necessary, if required by law or if pertinent to judicial or governmental investigations, to release your personally identifiable information.
Ergodyne reserves the right to modify this Terms of Use at any time. We will promptly reflect any such modifications in this web page.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND UNDERSTAND ITS TERMS, INCLUDING THOSE BY WHICH YOU HAVE RELEASED AND DISCHARGED FOREVER ERGODYNE FROM ALL LIABILITIES RELATING TO ANY DAMAGES OR INJURIES TO ERGODYNE ARISING OUT OF ERGODYNE’S USE OF USE OF YOUR NAME, PICTURE, LIKENESS, VOICE, AND OTHER ELEMENTS ASSOCIATED WITH YOUR PERSONA.