Terms and Conditions


Welcome to the ErgoTech Website and thank you for reading this document (“Agreement”). This Website provides information on ErgoTech products and services for visitors of at least 13 years of age. Please read these Terms of Use carefully before accessing or using the Website and especially the Forum. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services including purchasing software products.

The following terms and conditions govern all use of the ergotech.com website and all Content and services available at or through the website. This Content may include, but is not limited to, product information and documentation, software trials, images, example code, and flash demos (taken together “Content”). The ErgoTech Forum allows registered visitors to post and discuss topics relevant to ErgoTech products, as well as comment on Content and upload non-proprietary digital information such as technical documents, images, and code examples. Other services which include, but are not limited to, registering for an account, posting to the Forum, and downloading software (taken together, “Services”) are available only to persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms. Visitors under the age of majority may register for an account and use the related Services; provided, however, that if they are under the age of majority in their jurisdiction but over 13 years of age, they may register with the express permission of their parent or legal guardian.

The Website (“Content” ,“Forum” and “Services” taken together, the "Website" or "website") is owned and operated by ErgoTech Systems, Inc. ("ErgoTech"). The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ErgoTech’s Privacy Policy) and procedures that may be published from time to time on this Site by ErgoTech (collectively, the “Agreement”).

Exports and Embargos

ErgoTech is an United States based company. Whether you are accessing this website from within or outside of the United States you must abide by the current export and embargo sanctions of the United States. If you reside in, do business with, or contract for any United States embargoed country you may not register for an account on this website or acquire or redistribute any ErgoTech software products, deployed applications, demos, tutorials, or services. Read the current Export Administration Regulations if you have any questions. ErgoTech's software products are all classified as ECCN 5D992. Currently the United States holds complete embargoes against Cuba, Iran, North Korea, Sudan, and Syria.

Your Account

If you create an account on the Website you will become a Registered User and you will be allowed to contribute to the Forum and purchase products. If you do so, you are responsible for any contributions you make to the Forum. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Master Terms. By registering for an account or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are at least an age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms and any applicable Additional Terms.

Rights in the Content You Submit

Do not submit confidential information as all Content you submit will be treated as non-confidential and unrestricted. For Content you submit other than your own, attribute your submission to the original author and label your submission with a full copyright notice, i.e., the author's name, the word “copyright” or symbol “©” and the year of first publication. By posting your own Content you are granting ErgoTech a non-exclusive, royalty-free, perpetual, and worldwide license to use your Content, including, without limitation, the license rights to copy, modify, adapt, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content, and/or to incorporate it into a collective work which might be used for future products and documentation. When publicly displaying, publicly performing, reproducing or distributing copies of your Content, or Content as incorporated into a collective work, ErgoTech will make best efforts to credit your authorship. You grant ErgoTech permission to use your name for such attribution purposes. You, likewise, agree to represent yourself accurately. You acknowledge that misrepresentation may lead us, in our sole discretion, to cancel your use of the Services and delete any of your Content.

Responsibility of Contributors

You are responsible for the Content you submit to the Forum and other Services. If you comment on a web page or post material to the Forum, post links on the Forum or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio and/or visual file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party (including your employer);
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ErgoTech or otherwise.


By submitting Content to the ErgoTech Website, you grant ErgoTech the Rights in the Content you Submit. You represent and warrant also that the Content you supply does not violate these Terms, and that you will indemnify and hold ErgoTech harmless for any and all claims resulting from Content you supply. Without limiting any of those representations or warranties, ErgoTech has the right (though not the obligation) to, in ErgoTech's sole discretion (i) refuse or remove any Content that, in ErgoTech's reasonable opinion, violates any ErgoTech policy or is in any way harmful or objectionable, or (ii) deny access to the Forum and other Services to any individual or entity for any reason, at ErgoTech's sole discretion.
ErgoTech may pre-screen or regularly review posted Content, and that it shall have the right to remove in its sole discretion any Content that it considers to violate these Terms or the terms of any other agreements that ErgoTech may have entered into per its web hosting service provider. As a general matter, a Registered User may post so long as the Content is not illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

Accessing

You understand that all Content posted to the ErgoTech Website is the sole responsibility of the individual who originally posted the Content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as representatives of ErgoTech.

You agree that ErgoTech will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any Content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You may download and use digital Content from this Website with the following caveats: (a) the Content is used in conjunction with licensed ErgoTech products, or for personal non-commercial purposes, and (b) the downloaded Content may not be redistributed without written permission from ErgoTech. Demo and example code may be modified to suit your needs as long as it does not violate (a) or (b) above and the original author is acknowledged (do not remove author name, acknowledgments and/or license information in source code headers).

Intellectual Property

This Agreement does not transfer from ErgoTech to you any ErgoTech or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ErgoTech. ErgoTech, ErgoTech.com, the ErgoTech logo, and all other trademarks, service marks, graphics and logos used in connection with the Website and its Content are trademarks or registered trademarks of ErgoTech or ErgoTech’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ErgoTech or third-party trademarks.

Disclaimer of Warranties and Limitation of Liability

This site is provided on an “as is” and “as available” basis. ErgoTech makes no representations or warranties of any kind, express or implied, as to the site’s operation or the information, Content or materials contributed to or posted this site. To the full extent permissible by applicable law, ErgoTech hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. ErgoTech will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site solely at your own risk.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and webpages to which the Content on the Website links, and that link to ergotech.com. ErgoTech does not have any control over those non-ErgoTech Websites and webpages, and is not responsible for their Contents or their use. By linking to a non-ErgoTech Website or webpage, ErgoTech does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. ErgoTech disclaims any responsibility for any harm resulting from your use of non-ErgoTech Websites and webpages.

Privacy Policy

Please be sure to read our Privacy Policy, which is incorporated herein by reference.

Termination

ErgoTech may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Modification of These Terms of Use

ErgoTech reserves the right at any time to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ErgoTech may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Copyright Complaints

ErgoTech respects the intellectual property of others, and requires that our users do the same. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact us using our Contact Us page and report this infringement.


General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the ErgoTech Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable Content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.


Indemnification

You agree to indemnify and hold harmless ErgoTech, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between ErgoTech and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ErgoTech, or by the posting by ErgoTech of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New Mexico, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Alamos County, New Mexico. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules by an arbitrator appointed in accordance with such Rules. The arbitration shall take place in Los Alamos, New Mexico, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ErgoTech may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Thank you for reading this document and if you have any questions please use the "Contact Us" tab and send us a message.

Creative Commons Terms License

This terms of use document is licensed under a Creative Commons Attribution-Share Alike 3.0 United States License, which means you're more than welcome to copy it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want we'd appreciate a link to ErgoTech.com somewhere on your site as an acknowledgement. Most of the content of this Agreement was remixed from two Creative Commons Share-Alike sources: The Harvard Weblogs Terms of Use and the WordPress.com Terms of Service.