Terms & Conditions
Last modified: May 17, 2021
OWNERSHIP AND LICENSE
Unless otherwise expressly stated, all pages within this Site and any material included therein or otherwise made available for download, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) are the property of Ergodyne and/or its affiliates, licensors and suppliers, as applicable and are protected by United States and international copyright and trademark laws.
The following provisions may be applicable depending upon how you access the Site, including the mobile application:
OPEN SOURCE SOFTWARE
“Ergodyne” and the Ergodyne logo and any other Ergodyne product or service names, logos, domain names and other marks are the registered and unregistered trademarks of Ergodyne, and may not be used in whole, or part, including without limitation in any metatags or other “hidden text”, without written consent of Ergodyne. Third party marks are the property of its respective owner and may not be used without their permission. Reference to any third parties or their products or services does not constitute or imply endorsement, sponsorship or recommendation by us.
Ergodyne makes no representations whatsoever about any other website that you may access through this Site. We are not responsible for the quality, content, nature or reliability of any such third-party website, even if linked from the Site. Ergodyne has no control over such websites. Any such links are provided as a convenience to you and does not constitute or imply endorsement, sponsorship or affiliation. You should review the applicable terms of such websites before using or downloading from them.
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features in order to receive electronic newsletters or to access certain Content or to participate in certain activities. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information and acknowledge that it is your responsibility to keep registration and credit card information (if any) current.
If you register on the Site and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account, including user ID or password, if any, and you agree you will not sell, transfer or assign your account or any rights therein. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computing device so others may not access the password protected portion of the Site using your account in whole or in part. You are fully responsible for all transactions and other activities that are undertaken using your user ID or password, including unauthorized use, until you terminate your account or notify Ergodyne that your user ID or password has been lost, stolen or otherwise compromised. Ergodyne reserves the right to terminate your account or otherwise deny you access, in its sole discretion, without notice and without liability.
You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Ergodyne and the Site (“Feedback”). Feedback, whether submitted through the Site or otherwise, is non-confidential and shall become the sole property of Ergodyne. Ergodyne shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
SALE OF GOODS AND SERVICES
Goods or services purchased from Ergodyne are governed by Ergodyne’ Terms and Conditions of Sale. The Terms and Conditions of Sale are subject to change without notice, at any time and in our sole and absolute discretion. Before making any purchase, you should review the then-current Terms and Conditions of Sale.
ERGODYNE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. ERGODYNE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
Although Ergodyne attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Ergodyne so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, we have no responsibility or liability for information or Content posted to the Site from any third party.
Pricing for goods and services, configurations, and availability are subject to change at any time, including changes to pricing and the applicable Terms and Conditions of Sale. We reserve the right to refuse or cancel any order or delivery of any item for any reason including in the event of a pricing error. All prices displayed on this Site are quoted in U.S. dollars and are valid and effective only in the United States. The goods and services listed are available for delivery to addresses within the United States only. For delivery outside the United States, please contact us at firstname.lastname@example.org or call 800-225-8238.
LIMITATION OF LIABILITY
APPLICABLE LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ERGODYNE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.