Terms and Conditions

Last update: March 3rd, 2021

Please read these Terms and Conditions (the “Terms” or “Terms and Conditions”) carefully before using the ergodynamicusa.com website (the “Service”) operated by Ergodynamic USA, LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.

Communications

By creating an account on the Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any or all communications from us by following the unsubscribe link.

Content

The contents of the Service, such as text, graphics, images, and other materials created by Ergodynamic USA, LLC or obtained from Ergodynamic USA, LLC ’s licensors, and other materials contained on the Service (collectively, “Content”) are for informational purposes only. The Content posted on the Service is protected by the copyright laws of the United States and in foreign countries. Ergodynamic USA, LLC authorizes you to view or download a copy of the Content solely for your personal, noncommercial use provided you include the copyright notice located at the end of the material and: “©2021, Ergodynamic USA, LLC . All rights reserved”, and other copyright and proprietary rights notices that are or may be contained in the Content. Any special rules for the use of certain software and other items accessible through the Service may be included elsewhere in the Service and are incorporated into these Terms by reference.

Ownership to the Content remains with Ergodynamic USA, LLC or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the sole and absolute discretion of Ergodynamic USA, LLC. All rights not expressly granted herein are reserved to Ergodynamic USA, LLC and its licensors.

If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Our Service allows you to submit questions and comments to Ergodynamic USA, LLC (“Submissions”). You are responsible for the Submissions that you submit on or through the Service, including its legality, reliability, and appropriateness.

By submitting a Submission on or through the Service, you represent and warrant that such Submission does not violate the privacy rights, publicity rights, copyrights, contract rights, proprietary rights, trademark rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be violating the privacy rights of another party or infringing on a copyright, trademark or other proprietary right of another person or entity.

To protect the privacy of others, you agree that your Submissions will not contain “Personally Identifiable Information” (i.e. name, phone number, email address or website URL) of anyone else without their express written permission. Submitting Personally Identifiable Information or media like images or video of other people without their permission is strictly prohibited.

It is strictly prohibited to submit any media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms.

You agree that you will not submit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. This Service is not intended or designed to attract persons under the age of 18.

You are solely responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You grant Ergodynamic USA, LLC and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Service. Ergodynamic USA, LLC cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Service.

Copyright policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@ser-associates.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a 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.

You can contact our Copyright Agent via email at info@ser-associates.com

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Ergodynamic USA, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ergodynamic USA, LLC.

Links to other websites

Our Service may contain links to third party websites or services that are not owned or controlled by Ergodynamic USA, LLC.
Ergodynamic USA, LLC may also select certain sites as priority responses to search terms you enter and Ergodynamic USA, LLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Ergodynamic USA, LLC does not recommend and does not endorse the content on any third-party websites.
Ergodynamic USA, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Ergodynamic USA, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Retention of your personal information and log data

We will retain your Personal Information and Log Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (SEE Compliance with Laws below).

Compliance with laws

To cooperate with government and law enforcement officials and private parties to enforce and comply with law, we may release Personal Information to third parties: (1) to comply with legal requirements such as a law, regulation, search warrant, subpoena or court order; (2) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; or (3) in special cases, such as in response to a physical threat to you or others, to protect property or defend or assert legal rights. In addition, we may disclose personal information as described below.

Privacy rights

  • Right to Correct Personal Information – if you believe any of the Personal Information, we hold about you is incorrect, you can request that it be updated.
  • Right to Access Personal Information – you have a right to request a copy of the information that we hold about you and how it has been processed.
  • Right to Data Portability – In some circumstances, you have the right to receive the Personal Information about you, which you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit this data to a third party.
  • Right to Object to the Use of Personal Information – Where we are processing your Personal Information for the purposes of direct marketing you can object at any time to this processing.
  • Right to Restrict Use of Your Personal Information – In some circumstances, you can request that we temporarily suspend the processing of your Personal Information.
  • Right to Erasure – In some circumstances, such as where we no longer have a justifiable reason to continue to process your Personal Information, you can request we delete it.

Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

International transfer

Your information, including Personal Information, may be transferred to, and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to the United States where it is processed. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to other sites

Our Service may contain links to third party websites or services that are not owned or controlled by Ergodynamic USA, LLC.

Ergodynamic USA, LLC may also select certain sites as priority responses to search terms you enter and Ergodynamic USA, LLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Ergodynamic USA, LLC does not recommend and does not endorse the content on any third-party websites.

Ergodynamic USA, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Ergodynamic USA, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including, a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Ergodynamic USA, LLC and its licensee and licensors, and their respective directors, officers, members, managers, employees, contractors, agents, assigns and successors , from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees at the pre-trial, trial and appellate level), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms and Conditions, or c) your reliance on the Content or d) the contents of your Submissions.

Limitation of Liability

In no event shall Ergodynamic USA, LLC , nor its managers, members, employees, agents, suppliers, licensors, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Ergodynamic USA, LLC, and its directors, employees, partners, agents, suppliers, licensors and affiliates are not liable for any personal injury, including death, caused by your use or misuse of the Service or Content. Ergodynamic USA, LLC, and its directors, employees, partners, agents, suppliers, licensors and affiliates shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000.00. Any claims arising in connection with your use of the Service or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

Disclaimer

The Service and Content Do Not Provide Medical Advice.

The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, it is for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay in seeking professional medical advice.

If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by Ergodynamic USA, LLC, its employees, others appearing on the Service at the invitation of Ergodynamic USA, LLC, or other visitors to the Service is solely at your own risk.

Your use of the Service and the Content is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

When using the Service, information will be transmitted over a medium that may be beyond the control and jurisdiction of Ergodynamic USA, LLC and its suppliers. Accordingly, Ergodynamic USA, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Service.

Further, Ergodynamic USA, LLC and its subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

You expressly agree that exclusive jurisdiction for any dispute with Ergodynamic USA, LLC , or in any way relating to your use of the Service, resides in the federal and state courts of the State of Florida located in Miami-Dade County, and you further agree and expressly consent to the exercise of personal jurisdiction in the federal and state courts of the State of Florida located in Miami-Dade County in connection with any such dispute including any claim involving Ergodynamic USA, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, licensors, and content providers.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole and absolute discretion, to modify or replace these Terms at any time and in our sole and absolute discretion without any prior notice.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Complete agreement

These Terms and the Privacy Policy constitute the entire agreement between you and Ergodynamic USA, LLC with respect to the use of the Service and the Content.

Contact us

If you have any questions about these Terms, please contact us.