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Terms of Use

Last updated: 03/21/2023

Welcome to the websites or mobile applications of Ergofied. The following terms and conditions, together with any documents they incorporate by reference, including without limitation the Privacy Policy (collectively, the “Terms of Use”), govern your access to and use of Ergofied’s “Website”, www.ergofied.com.

Please read these Terms of Use carefully before you start to implement recommendations made by the Website. BY ACCESSING, BROWSING, OR USING THE WEBSITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THE WEBSITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Services, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Website.

PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF ERGOFIED AND OUR OBLIGATIONS RELATING TO THE WEBSITE, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF ERGOFIED’S RESPONSIBILITY.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.

CONTENTS

The contents of the Website, such as text, graphics, images, and other material contained in the Website, products, and newsletter (“Content”) are for informational purposes only. This Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by Ergofied is solely at your own risk.

Unless otherwise noted, all Content, whether publicly posted or privately transmitted, as well as all derivative works, are property owned, controlled, licensed, or used with permission by Ergofied. The Contents are protected by copyright, trademark, trade dress, and other laws. All worldwide right, title, and interest in and to the Contents are owned by Ergofied or used with permission. The Website, the Website’s logos, and all other trademarks appearing on the Content are trademarks of Ergofied or are licensed or used with permission of the owner by Ergofied. You agree not to display or use such trademarks without Ergofied’s prior written permission. Ergofied disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.

The Contents are intended solely for personal, non-commercial use by the users of the Website and may not be used except as permitted in these Terms of Use. You may share the Content with the use of the social media links (i.e., “Share,” “Pin It,” and “Tweet”) provided on the Website. You may also share the Content via email through the use of our “Share” link. You may download or copy the Content and other downloadable materials displayed on the Website for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing, or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content without the prior written consent of Ergofied or the owner of such material. Nothing contained in the Content grants or should be construed as granting any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, or copyrighted or other proprietary material displayed in the Content without the prior written consent of Ergofied or the owner of such material. All rights not expressly granted herein by Ergofied to you are reserved by Ergofied. Third-party trade names, product names, and logos contained in these Websites may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Content and Services is made available solely for general information purposes. We may update the Content from time to time, but the Content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.

ACCEPTABLE USE

You are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:

  1. Using a false password or one belonging to another user, or accessing data not intended for the user, or logging in to a server or account which such user is not authorized to access;
  2. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
  3. Attempting to probe, scan, or test the vulnerability of the system or network, or to breach security or authentication measures without proper authorization;
  4. Attempting to interfere with service to any user, host, or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”;
  5. Sending unsolicited email or commercial electronic messages, including promotions and/or advertising of products or services;
  6. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or
  7. Hijacking all or any part of the Services or Content; deleting or changing any Services or Content; deploying pop-up messages or advertising, running or displaying the Services or Content in frames or through similar means on another website; or linking to the Services or Content, without our specific written permission.

GENERAL RULES

You agree to use the Content only for lawful purposes and only for your own personal, non-commercial use. You may not use the Website to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others, or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive, or hateful.

We have absolute discretion to determine if any use violates these rules, and to act as We deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, cooperate with, and make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations.

COMMUNITY GUIDELINES

Please treat each other with respect.

Ergofied’s mission is to empower people through knowledge. We strive to ensure all members feel welcome, safe, and respected. Following the guidelines below helps to keep the community safe for everyone.

THE RULES:

  • Any manner of bullying, intimidation, or harassment is forbidden. 
  • You may not post pornographic or violent content in the comments sections. This includes adding comments even as a joke.
  • Do not ask other members to take the conversation to another messaging platform such as WhatsApp, Google Hangouts, Gmail, etc. 
  • The promotion, advertising, or selling of any goods or services is not allowed. Unauthorized content will be removed.
  • Do not attempt to convert other members to your religious beliefs or otherwise make them feel uncomfortable. 
  • All illegal activity is prohibited and may be reported to the appropriate authorities.

REPORTING:

Comment sections will be occasionally monitored but We rely on you to report other members or content that violates these guidelines. Violating these Community Guidelines has consequences, which may include the removal of content and suspension of posting privileges. Please keep in mind that while something may be disagreeable to you, it does not necessarily violate our Community Guidelines.

TO REPORT ANOTHER COMMENTER OR CONTENT:

Please email info@ergofied.com and include the specific article where the comment was made and the username of the offender.

REPRODUCTION OF CONTENT ON OTHER WEBSITES

Any Content placed on your website must be accredited to the Website with an active follow link to the original full article placed on the applicable website. You are permitted to display the following on your website, provided you do so in a way that gives full credit to us as the original publisher and does not damage our reputation or take advantage of it.

Our Content may only be placed on websites that: 

  • Do not promote, facilitate, or encourage Illegal activities (and do not display actionable Content under U.K. or U.S. law).
  • Do not promote, facilitate, or encourage hatred of any form (including, but not limited to, racism, terrorism, violence, and discrimination of any kind).
  • Do not have misleading, pornographic, or defamatory content.
  • Do not display any material that is in breach of any third-party intellectual property rights.

If you use a script to gather the information from our RSS feeds, you must use a server-side scripting language such as PHP or ASP, not JavaScript. You must gather the data from the feeds at regular intervals of an hour or more and use a database to store it. Using a script that gathers data from our site with every page load is not permitted.

Ergofied provides the Content at no charge and you may not charge users specifically for accessing Ergofied Content, nor attempt to sell our Content in any way.

Ergofied reserves the right to restrict, suspend, or terminate any Content, your access to Content, the availability of Content or these Terms of Use at any time, without liability. You agree to remove all of the Content from your website upon receiving notice of termination from Healthline. You may terminate these Terms of Use at any time by removing all Content from your website and destroying all copies of our Content in your possession.

LIABILITY OF ERGOFIED

BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE BELOW LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

The Content is provided on an “as is” basis and your use of the Content is at your own risk. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Ergofied. Accordingly, Ergofied assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Content.

ERGOFIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Ergofied makes no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Website.
  2. Damages to, interruption of service or viruses that may infect your computer or telecommunications equipment arising from your access to or use of the Website and its contents.

To the fullest extent permitted by applicable law, in no event shall Ergofied or any of their respective officers, directors, employees or agents, or any third parties mentioned on the Services be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) even if Ergofied has been previously advised of the possibility of such damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information and Content. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Ergofied is not liable for any personal injury, including death, or infringement caused by your use or misuse of the Content or Comments (defined below). Any claims arising in connection with your use of the Content or Comments must be brought within one (1) year of the date of the event giving rise to such action occurring. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

For additional disclaimers and information regarding health content, please read our DISCLAIMER, which is incorporated herein by reference.

ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER WEBSITES

Ergofied may select certain sites as priority responses to search terms you enter, and Ergofied may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Ergofied is not responsible for the content of linked third-party sites, sites framed within the Services, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use for such sites.

INDEMNITY

You agree to defend, indemnify, and hold Ergofied, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your use of and access of the Services, (ii) your violation of any term of these Terms of Use, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or (iv) any claim that your use of the Content caused damage to a third party.

LOCATION AND SURVIVAL

Ergofied is based in Albuquerque, NM, in the United States of America. Ergofied makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Terms of Use for any reason whatsoever: Location and Survival, Liability of Ergofied and its Licensors, Comments, Indemnity, Jurisdiction, No Waiver, and Complete Agreement and Amendment.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with Ergofied, or in any way relating to your use of the Content, resides in the courts of the State of New Mexico and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Mexico in connection with any such dispute including any claim involving Ergofied or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the State of New Mexico, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMMENTS

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Ergofied on or by the Content or otherwise disclosed, submitted, or offered in connection with your use of the Content (collectively, “Comments”) shall be and remain Ergofied’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Ergofied of all worldwide right, title, and interest in all copyrights and other intellectual properties in the Comments. Ergofied is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree not to post on or transmit through the Website any Comments or other material that:

  • is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;
  • is an advertisement or promotion for any product or service that had not been approved in writing by Ergofied;
  • is false, misleading, or constitutes an unfair or deceptive trade practice;
  • promotes the use of alcohol, tobacco, or any illegal substance;
  • constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
  • infringes on any third-party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or
  • contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit, or destroy the performance and/or functioning of any software, hardware, or other equipment.

You further agree that any Comments you provide do not contain any confidential, proprietary, or trade secret information of any third party, and will not be treated as confidential by Ergofied. Ergofied shall have no obligation to store, keep copies of, or return any Comments. Ergofied further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete, or remove any Comments from the Website that it deems to be in violation of the foregoing requirements.

Without limiting the generality of the foregoing, Ergofied shall have the right to:

  • Remove or refuse to post any Comments for any or no reason in our sole discretion.
  • Take any action with respect to any Comments that We deem necessary or appropriate in our sole discretion, including if We believe that such Comment violates the Terms of Use, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Ergofied.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, We cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Third-Party Content

Ergofied may post Content supplied by third parties and users (collectively “Third-Party Content”). In addition, if you register to receive our free newsletters and emails that promote the Content (“Newsletters”), you may receive Newsletters containing Third-Party Content or advertising that was sponsored by third parties.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Ergofied. Ergofied does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitations of liability are noted below.

NOTICES FOR REPORTING AND MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

This policy is intended to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act.

Ergofied will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ergofied with the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed upon.
  • A description of where the material that you claim is infringing is located on the Website.
  • 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.

Pursuant to the DMCA, notification of claimed copyright infringement must be submitted to the following designated agent for the Website:

Email: info@ergofied.com
Subject line: DMCA Copyright Agent

YOUR PRIVACY RIGHTS

All information We collect on the Website is subject to our Privacy Policy. By using the Content, you consent to all actions taken by Us with respect to your information in compliance with the Privacy Policy, which is available at https://www.ergofied.com/privacy-policy/.

Please send any concerns regarding our products or services by clicking here.

COMPLETE AGREEMENT AND AMENDMENTS

Except as expressly provided in a particular “legal notice” on the Content, these Terms of Use constitute the entire agreement between you and Ergofied with respect to the use of the Content.

Ergofied, in its sole discretion, reserves the right to update, revise, supplement, and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Website. Your continued viewing or use of the Content following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

TERMINATION

You may stop using the Content at any time (subject to the surviving terms set forth herein). Ergofied also may terminate these Terms of Use and/or Content at any time and may do so immediately without notice. Accordingly, Ergofied may deny you access to the Content, if in Ergofied’s sole discretion, you fail to comply with any term or provision of the Terms of Use.

NO WAIVER

Ergofied’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Ergofied’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Ergofied to exercise or take advantage of any right or remedy that Ergofied has or may have hereunder, operate as a waiver of any right or remedy.

CONTACT INFORMATION

Thank you for your cooperation. We hope you find our Content helpful and convenient to access. Questions or comments regarding the Content, including any reports of non-functioning links, should be directed to: info@ergofied.com